Question to the Department for Education:

To ask the Secretary of State for Education, what assessment he has made of the potential merits of ensuring that parents have a legal right to appeal decisions by their local authority to refuse to assess their child for an EHCP.

This government’s ambition is that all children and young people with special educational needs and disabilities (SEND) or in alternative provision receive the right support to succeed and thrive in their education and as they move into adult life.

Parents have a legal right of appeal if a local authority decides not to assess their child for an education, health and care (EHC) plan. The first-tier SEND Tribunal hears appeals against local authority decisions in relation to EHC assessments and plans for children and young people. Parents and carers can appeal to the Tribunal about local authority refusal to assess a child or young person’s EHC needs, reassess their EHC needs, issue an EHC plan, update what is in an EHC plan, or maintain an EHC plan.

Most EHC plans and assessments are concluded without a Tribunal hearing. Nationally, in the 2023 calendar year, there were 15,600 appeals to the Tribunal, equating to 2.5% of all appealable decisions subsequently resulting in Tribunal appeals.

The department is exploring what more we can do to work with local authorities, particularly those with high appeal rates, to understand the reasons for and to address these issues. As an initial step, we jointly delivered with the Independent Provider of Special Educational Advice and the Council for Disabled Children, eight training sessions on 'SEND and the law' for local authority SEND caseworkers.