Education Secretary Response to the SEN Tribunals and Prevalence

The Education Secretary's response to today's SEN Tribunal statistics and SEN statistics. They show:

• There were 24,000 SEND tribunals in 2024/25, the highest amount in any year, and an increase of 36% compared to the previous year.
• In the same period, disposals also rose to their highest number in the timeseries at 19,000, and open caseload rose to 12,000, increases of 34% and 45% respectively.
• There are over 1.7 million pupils in England with SEN for the 2024/25 academic year (January 2025). This is an increase of 5.6% since last year, continuing the increasing trend since 2016:

• • There are 482,600 pupils with an EHC plan, an increase of 11.1%. This is 5.3% of all pupils, an increase of 0.5 percentage points.
  • There are 1,284,300 pupils with SEN support without an EHC plan, an increase of 3.7%. This is 14.2% of all pupils, an increase of 0.6 percentage points.
• Free school meals: Pupils with SEN are more likely to be eligible for free school meals. 43.8% of pupils with an EHC plan and 39.3% of pupils with SEN support are eligible for free school meals in 2025. This compares to 22.2% of all pupils in schools without SEN.

Education Secretary Bridget Phillipson said:

“Behind each one of these figures is a family desperately fighting for even the most basic support for their child, leaving a staggering number of parents exhausted while young people are denied precious help.

“It doesn't have to be this way, and this government will deliver the reform that families are crying out for through our Plan for Change – giving an excellent education to every child.

“We have already taken the first steps to identify and meet children's needs earlier in mainstream schools, including through more early intervention across speech and language, ADHD and autism to prevent needs from escalating and £740 million to encourage councils to create more specialist places in mainstream schools."

Background:

• As yesterday's Spending Review outlined, to make the system more inclusive and improve outcomes for all children and young people, the government will reform the current SEND system. Details of the government's intended approach to SEND reform will be set out in a Schools White Paper in the autumn. The government will also set out further details on supporting local authorities as we transition to a reformed system as part of the upcoming local government funding reform consultation: Spending Review 2025 (HTML) - GOV.UK
• In December we confirmed a significant increase of £1 billion in high needs funding for 2025-26, which will help local authorities with the increasing costs of supporting those children and young people with EHC plans.
• It recognises the immense need in the sector, helping LAs and schools to meet the costs of providing the support that children and young people with SEND require, and takes an important step in returning local authorities to financial sustainability.
• The Government has also announced £740 million capital for councils to create more high needs places, including specialist places in mainstream schools . This new funding can be used to adapt classrooms to be more accessible for children with SEND, and to create specialist facilities within mainstream schools that can deliver more intensive support adapted to suit the pupils' needs.
• We've allocated £3.4 million in 25/26, jointly with NHSE, to continue delivering the ELSEC (Early Language Support for Every Child) programme, extending to up to 20,000 more children. 
• The Partnerships for Inclusion of Neurodiversity in Schools (PINS) helps build teacher and staff capacity to identify and better meet the needs of neurodiverse children. We've announced £9.5 million in 25/26 to continue delivering PINS in a further 1,200 schools – reaching 300,000 children, including those with dyslexia, autism and ADHD.
• The SEND Tribunal hears appeals about LA decisions: not to undertake an EHC assessment, not to issue an EHCP following assessment, the SEN described in an EHCP, the SEN provision specified in an EHCP, name and type of setting named in a plan, or that no setting is named, not to reassess need, not to amend or replace an EHCP following a review or assessment, and a decision to cease to maintain an EHCP
• The Tribunal's decisions on these are binding, but it can also make non-binding recommendations on the health and social care elements of an EHC plan, where there is also an appealable educational element; and hear appeals against settings for discriminating on grounds of a child or young person's disability

Gemma's story:

Gemma Pearman, aged 44 from Kent, appealed to the SEND tribunal after her local council did not specify direct speech and language therapy for her three-year-old daughter, Elizabeth, who has Downs Syndrome, despite the fact that she is pre-verbal and has a limited range of speech sounds.

Gemma says this comes after the council refused to assess Elizabeth until she appealed to the tribunal even though their previous council had been in the process of undergoing an assessment before the family were forced to move home.

She has been granted an EHCP, but it does not come into force until January 2027 at the earliest when Elizabeth is aged five and in school.

Gemma has to wait until March 2026 for the tribunal hearing to take place.

She said:

“As a mother, I want my child to have the best start to her life, but the tribunal hearing is not due to take place until another 10 months. This is precious time wasted.

“We know that communication is fundamental and that early intervention is vital and every day without this support is an extra day where my daughter's development and prospects are harmed. The EHCP misses a golden opportunity to support my daughter in making progress now and in the right way.

“Being forced to appeal the decision isn't only delaying support, it's causing further harm by taking a toll on my entire family's wellbeing because of how exhausting it is. It has been eaten up with paperwork, understanding SEN law, drafting emails to garner support, and desperately looking for advice from charities and parents.

“This is time that would be better spent with my daughter, enjoying her early years, not fighting with my local authority because she has been left without the support she needs to thrive.

“I am shocked at the lack of transparency, the disregard for SEN law and the delaying tactics employed.

“It shouldn't be this hard to get the sort of support that so many children with Down Syndrome are always going to need and should have at an earlier point as a guarantee.

“This process does not work for the child, for the parents or for the local authorities which are wasting money by inevitably having to go to tribunal and even pay out compensation.”

Further case studies:

There are many mainstream schools already demonstrating good inclusive practice – see case studies below:

• Iveson Primary School in Yorkshire has introduced dedicated spaces and support systems that have enabled the school to provide for sensory needs, staff these spaces in a way that supports all children and adapt the curriculum to enhance an inclusive approach – positively impacting children's social, emotional, and academic progress.
• Becontree Primary School in London has modified and creatively used existing spaces which has had significant impact on the learning, engagement, and integration of children with autism.
• St Matthew's Primary School in Luton has introduced targeted sessions to help children develop their speech and language which has had a significant impact on children who were previously unable to confidently communicate verbally in group settings. These children are now able to have conversations with teachers and communicate more effectively with their peers.
• Livingston Academy in Bournemouth has strengthened the skillset of their staff, enabling teachers to respond to pupil's needs faster – reassuring parents that their children are receiving the support they need, and positively impacting attendance and inclusion.
• Epsom Downs Primary school in Surrey has developed a forum for parents to get involved and share ideas or suggestions about themes that are important to them – like SEND processes and supporting the transition of pupils between years groups.