1. Why appeals to the SEND Tribunal are increasing in number and complexity
Ali Fiddy
Chief Executive, IPSEA

2. About IPSEA
National charity providing free and independent legally-based information, advice and support to help get the right education for children and young people with SEND
Advice, information and support services
Policy work
Training

3. The numbers…

4. DfE statistics: numbers of children and young people with SEN
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
Pupils on roll
8,167,715
8,121,955
8,092,280
8,098,360
8,123,865
8,178,200
8,249,810
8,331,385
8,438,145
8,559,540
8,669,080
8,735,100
Pupils with SEN
1,577,265
1,630,210
1,672,610
1,704,980
1,673,895
1,618,340
1,545,610
1,492,950
1,301,445
1,228,785
1,244,255
1,276,215
Incidence (%)
19.3
20.1
20.7
21.1
20.6
19.8
18.7
17.9
15.4
14.4
14.6
Pupils with Statement or EHC plan
232,760
227,315
225,400
223,945
224,210
226,125
229,390
232,190
236,165
236,805
242,185
253,680
2.8
2.9

5. Tribunal statistics: number of appeals
Registered with the Tribunal
Decided by the Tribunal
Decided in favour of the parent/young person
(in whole or in part)
Sept
Aug 2012
3557
823
564
Sept
Aug 2013
3602
808
682
Sept
Aug 2014
4063
797
660
Sept
Aug 2015
3147
788
680
Sept
Aug 2016
3712
883
780
Sept
Aug 2017
4725
1599
1418
Sept
Aug 2018
5679
2298
2035

6. Tribunal statistics: types of appeals
Refusal to assess
Refusal to issue an EHC plan
Refusal to amend EHC plan following AR
Content of sections B and F
Content of sections B, F and I
Content of section F
Content of sections F and I
Content of section I or no placement named in section I
Ceasing to maintain an EHC plan
Sept Aug 2015
603 97 1 53
238 18 7
137
Sept Aug 2016
1185
321 6
265
762 77 75
486
Sept Aug 2017
1494
371 49
366
1170
107
144
771 35
Sept
Aug 2018
1717
515 45
420
1 470
141
138
965 46

7. Inadequacy of SEN Support
SEN Support (or equivalent) – support provided by mainstream schools and colleges from existing resource
“Cycle of action” – SEND Code of Practice, paragraphs : Assess, Plan, Do, Review
What is “good” SEN Support?

8. Non-compliance with the law
Test for an EHC needs assessment
The LA must assess where:
the child or young person has or may have special educational needs, and
it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan
Many LAs are applying a higher bar

9. Non-compliance with the law
Lack of specificity of provision
Parents/carers have to challenge this via Tribunal
L v Clarke & Somerset CC [1998] ELR 129:
“…so specific and so clear as to leave no room for doubt as to what has been decided is necessary in the individual case. Very often specification of hours per week will no doubt be necessary and there will be a need for that to be done.”

10. Non-compliance with the law
Unlawful transfers
Many LAs didn’t:
undertake EHC needs assessments
seek advice and information
Huge numbers of poor quality EHC plans – will likely need to be resolved by Tribunal

11. Complexity…

12. Education, “Health” and “Care” plans
Children and Families Act 2014 recognises that you can’t see children and young people’s educational needs in isolation from their health and social care needs
Makes appeals more complex

13. SEND Tribunal: single route of redress national trial
Two year trial extending the powers of the Tribunal to make non-binding recommendations about the health and social care aspects of EHC plans
Applies to all types of appeals except refusals to assess
Appeal must be brought against an educational decision - health and/or social care issues can then be included in addition

14. SEND Tribunal: single route of redress national trial
National Trial cases inevitably more complex
Tribunal is having to use case management powers
Cases require a level of strategic thinking
Hearings being listed for 2 days

15. 19-25 year olds
Children and Families Act 2014 extended the age range to 25
Remains a lack of clarity about when this age group may require an EHC plan – a presumption from LAs that these young people don’t require EHC plans

16. Lack of a template for EHC plans
No standardised format of an EHC plan
152 different varieties – 1 x per LA
Lack of clarity
Adds an unnecessary layer of complexity

17. Final thoughts… Statistics Inadequacy of SEN Support
Non-compliance with the law
EHC needs assessments
Special educational provision
Transfers from Statements to EHC plans
National Trial
19-25 year olds
EHC plan template

18. Visit www.ipsea.org.uk for more information on our work
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