Question to the Department for Education:

To ask the Secretary of State for Education, what steps she is taking with the Secretary of State for Justice on improving the efficiency of the SEND tribunal system.

The increase in special educational needs and disabilities (SEND) tribunal appeals for the last academic year reflects, in part, the increase in the number of children and young people with an education, health and care (EHC) plan. 576,000 had an EHC plan as of January 2024, up 11.3% from 2023.

Although most EHC plans and assessments are concluded without a tribunal hearing, the department recognises that dissatisfaction with the SEND system continues to grow and that too many parents and carers struggle to get their children the support they need and deserve. The department also knows that the tribunal can be costly for both families and local authorities, but we do not collect any data centrally.

The department understands the urgency and the need to drive improvements but also are mindful that there are no quick fixes and want to take a considered approach to deliver sustainable system reform. The department is working closely with experts on SEND reform, recently appointing a strategic advisor for SEND, who will play a key role in engaging the sector, including leaders, practitioners, children, and families, as we consider next steps.

The department has published independently commissioned insight that suggests if the system was extensively improved, using early intervention and better resourcing of mainstream schools, it could lead to tens of thousands more children and young people having their needs met without the need to go through a long and stressful EHC plan and appeals process.

We continue to work with HM Courts and Tribunal Service, the Ministry of Justice (MoJ) and the judiciary to understand the reasons for high appeal rates and to improve the efficiency of the SEND tribunal. The MoJ has recently recruited and trained 50 new tribunal judges who are now conducting appeal hearings, along with increasing funding for extra staff to process appeals. In an effort to settle appeals more quickly, they have also expanded their use of judicial case management powers and are continually developing ways to increase the speed of disposal. The Tribunal Procedure Committee have also just closed a consultation on a rule change to allow more appeals to be heard on paper, without the need for a full oral hearing.

The department is exploring what more we can do to support local authorities to improve their decision-making, particularly those with high appeal rates. As a first step, last year we jointly delivered eight training sessions on SEND and the law for local authority SEND caseworkers with the Independent Provider of Special Educational Advice and the Council for Disabled Children.