Special Educational Needs: Tribunals

Ministry of Justice written question – answered on 28th November 2018.

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Photo of Vicky Foxcroft Vicky Foxcroft Opposition Whip (Commons)

To ask the Secretary of State for Justice, what estimate his Department has made of the number of appeals made to the special educational needs and disability tribunal in each year since 2014; and how many of those appeals have found against local authorities in (a) Lewisham Deptford constituency, (b) London and (c) England.

Photo of Lucy Frazer Lucy Frazer The Parliamentary Under-Secretary of State for Justice

The case management system used by HM Courts & Tribunals Service (HMCTS) to administer the First-tier Tribunal, Special Educational Needs and Disability (SEND) does not record data by parliamentary constituency. The figures provided below are for the Borough of Lewisham.

Year

LEWISHAM appeals received

Appeals determined at hearing

Decision in favour of appellant

Local Authority (LA) decision upheld

2014 - 15

32

17

11

6

2015 - 16

50

17

13

4

2016 - 17

51

31

27

4

2017 - 18 (*)

49

33

33

1

Year

LONDON appeals received

Appeals determined at hearing

Decision in favour of appellant

LA decision upheld

2014 - 15

784

288

252

36

2015 - 16

791

301

270

31

2016 - 17

823

385

343

42

2017 - 18 (*)

891

444

402

42

Year

NATIONAL appeals received

Appeals determined at hearing

Decision in favour of appellant

LA decision upheld

2014 - 15

3147

788

680

108

2015 - 16

3712

883

780

103

2016 - 17

4725

1599

1418

181

2017 - 18 (*)

5679

2298

2035

263

* The annual statistics produced by the First-tier Tribunal (SEND) reflect the school year, i.e. from 1 September to 31 August. The annual statistics for 2017–18 will be published on 13 December 2018. The figures quoted above cover the period up to 30 June 2018.

Note

Appeals are recorded as disposed of within the same time period. In SEND the tribunal hears appeals within 22 weeks of the appeal being registered. Therefore, disposal figures may be different from appeals registered in the period as hearings may not take place until the next reporting year.

The tribunal reports a successful appeal if one part or all of the appeal is found in favour of the parent or young person. HMCTS’ manual data collection shows that 75% of appeals scheduled for a final hearing settle or concede prior to the hearing date with a decision at hearing not required.

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