Question to the Department for Education:

To ask the Secretary of State for Education, what steps her Department are taking to reduce the number of EHCP applications going to appeal; and if she will make a statement.

Most Education, Health and Care (EHC) plan needs assessments and reviews are concluded without parents/carers appealing to the Special Educational Needs and Disabilities (SEND) Tribunal. Nationally, in 2022, only 2.3% of all appealable decisions subsequently resulted in an appeal to the SEND Tribunal.

However, the department knows that the system needs to work better for parents. In the SEND and Alternative Provision (AP) Improvement Plan, published in March 2023, the department set out ambitious plans to establish a single national system that delivers for every child and young person with SEND and in AP so that they enjoy their childhood, achieve good outcomes, and are well prepared for adulthood and employment.

The department will give families greater confidence that their child will be able to fulfil their potential through improved mainstream provision in their local school through setting national standards for early and accurate identification of need, and timely access to support to meet those needs. The standards will include clarifying the types of support that should be ordinarily available in mainstream settings and who is responsible for securing the support.

For those children and young people who require an EHC plan, the department will improve the quality of plans. We will also improve the experience of getting a plan by creating a standard national EHC plan template, backed by standardising the use of local multi-agency panels to provide local authorities with holistic advice from education, health and care partners on whether to proceed to full EHC Plan assessment. The department also plans to digitise EHC plans, to reduce unnecessary bureaucracy in the system. In combination, this will deliver a more nationally consistent EHC plan system, and help restore parental confidence.

Where there are disputes, the department has committed to explore, test, and evaluate approaches for strengthening mediation between parents/carers and local authorities to help resolve disputes earlier before cases go to Tribunal.

The department continues to provide support and challenge to individual local authorities, through our team of professional SEND advisers, and are looking to include data on appeals as part of national and local inclusion dashboards to support the monitoring of performance across areas and drive improvements.

Taken together, our proposals should help meet the needs of children and young people sooner and reduce the number of EHC Plan applications going to appeal.