Special Educational Needs: Tribunals
(asked on 4th November 2021) - View Source
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many successful Education Health and Care plan appeals were made to the Special Educational Needs and Disability Tribunal in each of the last three years, by reason for the appeal.
The table below shows how many Education Health and Care plan (EHCP) appeals were made to the Special Educational Needs and Disability Tribunal, by reason for the appeal and how many EHCP appeals were successful at hearing in each of the last three calendar years.
2020 | 2020 | 2019 | 2019 | 2018 | 2018 | ||||
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Description of EHCP appeal | Appeals received in year | Appeals successful at hearing | Appeals received in year | Appeals successful at hearing | Appeals received in year | Appeals successful at hearing | |||
CEASE TO MAINTAIN THE PLAN | 48 | 31 | 81 | 24 | 56 | 11 | |||
CEASE TO MAINTAIN, REC - H | 1 | 1 | 3 | 3 | 4 | 0 | |||
CEASE TO MAINTAIN, REC - H & S | 11 | 4 | 11 | 3 | 6 | 0 | |||
CEASE TO MAINTAIN, REC - S | 6 | 3 | 4 | 1 | 1 | 0 | |||
REFUSAL TO AMEND PLAN AFTER ANNUAL REVIEW, REC - H | 2 | 0 | 3 | 0 | 0 | ||||
REFUSAL TO AMEND PLAN AFTER ANNUAL, REC - S | 0 | 0 | 2 | 0 | 3 | 0 | |||
REFUSAL TO AMEND PLAN AFTER ANNUAL, REC - H & S | 1 | 0 | 3 | 4 | 5 | 0 | |||
REFUSAL TO AMEND THE PLAN AFTER A REVIEW | 18 | 16 | 39 | 36 | 57 | 23 | |||
REFUSAL TO ISSUE EHC PLAN, REC - H | 25 | 4 | 21 | 6 | 8 | 2 | |||
REFUSAL TO ISSUE EHC PLAN, REC - H & S | 23 | 11 | 33 | 7 | 17 | 6 | |||
REFUSAL TO ISSUE EHC PLAN, REC - S | 1 | 1 | 9 | 2 | 1 | 0 | |||
REFUSAL TO MAKE AN EHC PLAN | 762 | 294 | 679 | 195 | 562 | 141 | |||
REFUSAL TO RE-ASSESS | 5 | 1 | 4 | 2 | 5 | 2 | |||
REFUSAL TO SECURE AN EHC ASSESSMENT | 2,186 | 618 | 2254 | 540 | 1844 | 379 | |||
SECTION B | 5 | 1 | 2 | 3 | 7 | 1 | |||
SECTION B - REC - HEALTH | 0 | 0 | 1 | 0 | 1 | 0 | |||
SECTION B & F | 357 | 217 | 319 | 231 | 399 | 274 | |||
SECTION B & F - REC - HEALTH | 51 | 25 | 37 | 17 | 16 | 1 | |||
SECTION B & F - REC - HEALTH AND SOCIAL CARE | 106 | 34 | 101 | 33 | 36 | 4 | |||
SECTION B & F - REC - SOCIAL CARE | 32 | 10 | 28 | 7 | 10 | 2 | |||
SECTION B & I | 29 | 22 | 31 | 12 | 25 | 14 | |||
SECTION B & I - REC - HEALTH | 6 | 2 | 2 | 2 | 1 | 0 | |||
SECTION B & I - REC - HEALTH AND SOCIAL CARE | 1 | 1 | 2 | 0 | 3 | 0 | |||
SECTION B & I - REC - SOCIAL CARE | 1 | 0 | 2 | 0 | 1 | 1 | |||
SECTION B, F & I | 1,573 | 1,065 | 1356 | 977 | 1408 | 873 | |||
SECTION B, F & I - REC - HEALTH | 187 | 113 | 149 | 65 | 44 | 6 | |||
SECTION B, F & I - REC - HEALTH AND SOCIAL CARE | 419 | 208 | 361 | 128 | 173 | 19 | |||
SECTION B, F & I - REC - SOCIAL CARE | 178 | 84 | 134 | 57 | 48 | 4 | |||
SECTION F | 99 | 51 | 90 | 40 | 104 | 48 | |||
SECTION F - REC - HEALTH | 5 | 6 | 8 | 4 | 4 | 0 | |||
SECTION F - REC - HEALTH AND SOCIAL CARE | 8 | 4 | 2 | 2 | 5 | 1 | |||
SECTION F - REC - SOCIAL CARE | 4 | 1 | 5 | 3 | 5 | 0 | |||
SECTION F & I | 118 | 85 | 139 | 67 | 132 | 54 | |||
SECTION F & I - REC - HEALTH | 15 | 10 | 9 | 4 | 4 | 0 | |||
SECTION F & I - REC - HEALTH AND SOCIAL CARE | 10 | 8 | 12 | 6 | 5 | 0 | |||
SECTION F & I - REC - SOCIAL CARE | 7 | 7 | 13 | 5 | 5 | 0 | |||
SECTION I - DISAGREEMENT WITH THE SCHOOL NAMED | 1,375 | 657 | 1241 | 358 | 879 | 180 | |||
SECTION I - DISAGRMNT WITH SCH NAMED, REC - H | 19 | 11 | 7 | 3 | 8 | 2 | |||
SECTION I - DISAGRMNT WITH SCH NAMED, REC - H & S | 3 | 4 | 15 | 2 | 3 | 1 | |||
SECTION I - DISAGRMNT WITH SCH NAMED, REC - S | 7 | 1 | 7 | 6 | 5 | 1 | |||
SECTION I - NO SCH NAMED IN THE PLAN, REC - H | 6 | 3 | 2 | 6 | 0 | 2 | |||
SECTION I - NO SCH NAMED IN THE PLAN, REC - H & S | 1 | 2 | 1 | 0 | 1 | ||||
SECTION I - NO SCH NAMED IN THE PLAN, REC - S | 4 | 3 | 3 | 2 | 1 | 1 | |||
SECTION I - NO SCHOOL NAMED IN THE PLAN | 128 | 65 | 159 | 60 | 123 | 14 | |||
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
The data are extracted from GAPS2- the Tribunal’s case management system
The years referred to above are calendar years.
The SEND Tribunal does not gather data on the average time for EHCP appeals to be heard. It has a performance measure that 75% of appeals should be brought to hearing and the decision issued within 22 weeks of the appeal being registered. Performance against that measure in the calendar year 2020 was 80%; 2019, 89%; and in 2018, 91%.