Question to the Ministry of Justice:

To ask Her Majesty's Government what assessment they have made of HM Courts and Tribunal Services statistics released in relation to the First Tier (Special Educational Needs and Disability Tribunal) and in particular the level of fixed SENDIST hearings which have been postponed at least once; and what assessment they have made of the reasons for the level of postponements.

The Ministry of Justice recognises that there is a high level of postponements in the Special Educational Needs and Disability jurisdiction of the First-tier Tribunal (“the SEND Tribunal”). Statistics show that 77% of cases listed for hearing in 2018/19 were postponed, compared with 76% in 2017/18. The number of postponements (2,900 in 2018/19) is due to two factors. The first is that there has been a significant increase in the number of appeals received (a 50% increase over the last three years); and the second is related to the listing policy currently in place where cases are listed for hearing upon receipt and hearings have to be postponed if the date is unsuitable to the parties involved.

The SEND Tribunal has increased the number of administrative staff, legal advisers and judges to reduce the number of cases which are postponed after they have been listed for hearing.