Special Educational Needs: Appeals
(asked on 14th December 2020) - View Source
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many parents have taken local education authorities (LEAs) to appeal at a tribunal against an Education, Care and Health Plan decision in (a) Stoke-on-Trent and (b) Staffordshire in each of the last five years; and what proportion of those appeals were determined in favour of the (a) parents and (b) LEA.
The number of appeals brought against EHCP decisions (including the refusal to assess a child or young person; the refusal to issue an EHCP after an assessment; and the content of the EHCP) in the LEAs of (a) Stoke-on-Trent and (b) Staffordshire; and the proportion of those appeals determined in favour of the (a) parents and (b) LEA is shown in the table below. For context, the number of appeals withdrawn or conceded before, and those still awaiting, hearing is also included.
Local Authority/year | Appeals received on grounds of refusal to assess, issue an EHCP and the content of the plan | Found in favour1 of the parents or young person at hearing | Found in favour of the LEA at hearing | Withdrawn | LEA Conceded prior to the hearing | Awaiting hearing |
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Stoke on Trent |
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2015-16 | 7 | 1 (50%) | 1 (50%) | 2 | 3 | 0 |
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2016-17 | 15 | 4 (56%) | 3 (43%) | 4 | 4 | 0 |
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2017-18 | 14 | 4 (100%) | 0 | 7 | 3 | 0 |
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2018-19 | 20 | 6 (100%) | 0 | 2 | 12 | 0 |
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2019-20 | 26 | 8 (100%) | 0 | 1 | 11 | 6 |
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Staffordshire |
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2015-16 | 76 | 12 (100%) | 0 | 30 | 34 | 0 |
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2016-17 | 106 | 28 (74%) | 10 (26%) | 26 | 42 | 0 |
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2017-18 | 97 | 35 (67%) | 16 (33%) | 20 | 26 | 0 |
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2018-19 | 81 | 35 (83%) | 7 (17%) | 15 | 23 | 1 |
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2019-20 | 111 | 58 (95%) | 3 (5%) | 16 | 14 | 20 |
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¹ Appeals found in favour of the parent or young person are those in which the appellant was successful in all or part of the appeal |
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