SEND Tribunal appeals hit record: 2024/25 analysis

Just before Christmas the Ministry of Justice published the latest Special Educational Needs and Disabilities (SEND) Tribunal statistics for the 2024/25 academic year. These come just before the Schools White Paper that is expected to focus significantly on SEND reform.

Record numbers of EHCP appeals

The statistics show a substantial 18% increase in SEN appeals registered with the Tribunal by parents relating to Education, Health and Care Plans (EHCPs), with registrations reaching 25,000 for the first time. 

This milestone represents a continuation of the upward trajectory that has characterised SEND appeals in recent years. To give some context, in the academic year 18/19, there were a total of 7,000 appeals registered, and the number has nearly doubled in the last two years, up from 13,658 in 22/23.

Perhaps most striking is the success rate for parent applicants: 99% of decided cases were recorded as being in favour of the parent, where parents won the majority of their case. 

Clearly that statistic and the data don’t tell us much about individual cases and the importance of the points that the parent or local authority might have succeeded on, but it overall paints a picture of significant one-way street on outcomes. 

Placement decisions: A more nuanced picture

Whilst the statistics heavily favour parents, the data on placement decisions reveals a slightly more complex landscape. 13% of placement decisions went to the local authority's (LA) preferred option, demonstrating that Tribunals do recognise LA preferences in certain circumstances. However, even in placement cases, parents still achieved success in over 50% of cases.

For local authorities, this highlights the critical importance of being able to justify placement decisions with clear evidence about suitability, cost-effectiveness, and how the proposed provision will meet the child's needs as set out in their EHCP.

Disability discrimination claims against schools rise

Whilst EHCP appeals represent the vast majority of the Tribunal’s work, the Tribunal also has a role in relation to disability discrimination claims against schools under the Equality Act. 

The statistics reveal a 12% increase in disability discrimination claims brought against schools compared to the previous year, crossing over 400 registered claims for the first time. When these cases proceed to a hearing, there is roughly a 50/50 split between decisions favouring schools and those favouring parents.

Notably, the number of discrimination claims has nearly quadrupled compared to several years ago, reflecting increased parental awareness of rights under the Equality Act 2010 and, potentially, growing tensions between families and schools around SEND provision. 

In our experience, a significant number of claims relate to suspensions and exclusions and so with those having increased, it is perhaps not surprising to see an increase in claims too. 

Reform on the horizon

As the sector awaits the Government’s Schools White Paper covering SEND reform, these statistics set a challenging backdrop. 

The system is clearly under strain, and whilst reform is undoubtedly needed, there are no quick fixes on the horizon. Meaningful change to something as complex as the SEND framework will take years, not months.

In the meantime, education providers must work within the system as it exists today. That means investing in expertise. It means building strong relationships with families before disputes arise. It means being honest about what can and cannot be provided and working collaboratively to find solutions that genuinely meet children's needs. 

Available support

We’ve recently released both a SEND Support Pack and SEND CPD course to help school leaders navigate the common and often complicated issues around SEND that come up. 

You may also be interested in attending our upcoming webinar ‘Special Educational Needs: Practical guidance for schools’ and registering for #EdCon2026 where we’ll be delving into more detail. Both of these events are free to attend and open to all.

Find out more