This month, the HM Courts and Tribunals Service released its annual statistics for the activities of the Special Educational Needs and Disability First-Tier Tribunal (SENDIST), offering valuable insights into the current state of SEND disputes in England. Rukhsana Koser is deeply committed to advocating for families navigating these challenges and she wanted to share some key takeaways and her thoughts on what these figures mean.
Key Highlights from the SENDIST Report
- High Volume of Appeals: The tribunal received approximately 10,000 appeals this year, with most cases cantered on disagreements over Education, Health, and Care (EHC) plans. These disputes included refusals to assess or reassess needs, decisions not to issue or amend plans, and disagreements over plan contents.
- Disability Discrimination Claims: Around 250 cases involved claims of disability discrimination against schools, highlighting ongoing challenges in ensuring fair treatment and reasonable adjustments for pupils with SEND.
- Favourable Outcomes: Many appeals resulted in decisions favourable to families, underscoring the effectiveness of the tribunal process in holding local authorities accountable.
What This Means for Families
These statistics demonstrate the ongoing challenges families face in securing the support their children are entitled to. The high volume of appeals reflects systemic strains within local authority decision-making processes, where many parents feel, they must turn to the tribunal for fair outcomes.
While the tribunal’s success in many cases is encouraging, it also highlights the emotional and financial burdens placed on families who are forced to navigate this process.
What Needs to Change
- Improved Decision-Making: Local authorities must be equipped with better training and resources to make informed, legally compliant decisions from the outset, reducing the need for appeals.
- Policy Reform: These findings should guide policymakers in streamlining SEND systems and ensuring families receive timely support without resorting to legal challenges.
- Greater Awareness: Families need clearer guidance and access to advocacy services to help them navigate the complexities of SEND systems effectively.
Rukhsana remains committed to supporting families through these challenges. By working together, we can push for a system that delivers for every child and young person without the need for lengthy and often stressful legal proceedings.
If your family is currently facing issues with an EHC plan or discrimination, please don’t hesitate to reach out. Call us for a free, no obligation and confidential chat on 0800 044 8488 or fill in our contact form so a member of the team can call you back at a time convenient for you. Rukhsana and her team at Enable Law are here to help you fight for the support your child deserves.
