Every year, the Ministry of Justice publishes statistics on Special Educational Needs and Disability (SEND) tribunal appeals. Behind these figures are thousands of parents and carers seeking lawful educational support for their children.
The most recent data, covering the 2024/25 academic year, shows a continued and significant rise in SEND tribunal appeals. Below, we explain what these statistics mean, why appeals are increasing, and what parents can take from the figures.
SEND Tribunal Appeals Continue to Rise
In 2024/25, approximately 25,000 SEND tribunal appeals were registered. This represents an 18% increase compared with the previous academic year and continues a long-term upward trend that has been developing for nearly a decade.
During the same period, around 20,000 appeals were completed, an increase of 19%. However, new appeals continue to outpace the resolution of existing cases.
Why Are SEND Appeals Increasing?
The Ministry of Justice identifies several factors contributing to the rise in SEND tribunal appeals:
- The 2014 SEND reforms, which introduced Education, Health and Care Plans (EHCPs) and extended legal entitlements up to age 25
- Expanded tribunal powers, allowing judges to make non-binding recommendations on health and social care where education is appealed
- An increase in EHCP assessment requests and a growing number of children and young people with EHCPs
The reforms cited are now many years old and do not adequately explain the consistent year-on-year growth in appeals brought by young people, parents, and carers.
The primary driver behind the rise in SEND appeals is chronic underfunding of SEND provision. Financial pressure heavily influences Local Authority decision-making. As budgets tighten, authorities are more likely to refuse Education, Health and Care Needs Assessments to delay or avoid the cost of assessment and, ultimately, the funding of provision.
Other contributing factors include genuinely increasing levels of need and improved parental awareness of SEND rights. Parents now have greater access to information and are better informed about the legal entitlements available to their children.
Given the exceptionally high success rates at tribunal, there is little doubt that the majority of appeals have merit. The underlying issue is that Local Authorities are frequently making unlawful decisions, which the SEND Tribunal is then required to correct.
What Are Parents Appealing About?
Of the 25,000 appeals registered in 2024/25:
- 24% challenged a Local Authority’s refusal to carry out an EHC needs assessment
- 61% related to the content of an existing EHCP
These figures demonstrate that disputes most commonly arise either at the assessment stage or over the adequacy of provision once an EHCP is in place.
SEND Tribunal Caseload at Record Levels
The SEND Tribunal’s open caseload reached 15,000 cases, the highest level ever recorded.
In practice, the Tribunal is struggling to manage this volume. Parents and professionals are seeing longer appeal timetables, frequent delays in responding to requests, and an increasing number of last-minute hearing cancellations.
Do Parents Really Win at SEND Tribunal?
Yes — and the statistics are striking.
In 2024/25:
- 71% of completed appeals were decided by a tribunal judge
- Of those decisions, 99% were in favour of the parent or young person
A “win” does not necessarily mean success on every issue, but it does mean that parents succeeded on at least part of their appeal.
This consistently high success rate strongly suggests that the vast majority of SEND tribunal appeals are well-founded from the outset.
School Placement Appeals (Section I of EHCPs)
Looking specifically at school placement appeals decided by the Tribunal:
- 31% resulted in the parent’s preferred school being named
- 24% were resolved by agreement between the parent and local authority at the hearing
- 13% were decided in favour of the Local Authority
- 10% resulted in neither preference being named (often relating to type of school)
- 23% could not be clearly categorised due to data limitations
Taken together, these figures show that parents achieve a positive outcome in the majority of placement appeals.
What Do These SEND Tribunal Statistics Mean for Parents?
The data sends a clear message:
- Many parents are forced to appeal to secure lawful SEND support
- The SEND Tribunal overwhelmingly finds in parents’ favour
- The SEND system remains under significant strain
Why Early Legal Advice Matters
Although success rates are high, SEND tribunal appeals can be stressful, time-consuming, and complex. Early specialist legal advice can help parents:
- Understand the strongest approach to their appeal
- Narrow the issues genuinely in dispute
- Identify and obtain the most effective evidence
- Resolve appeals without the need for a full hearing
If you need advice on EHCP assessments, EHCP content, or school placement appeals, specialist SEND legal advice can make a real difference.
You can contact our education team on 0333 202 7175 or email education@hcbgroup.com.