Wasting money, wasting potential: The cost of SEND tribunals 

Read the report here: Probono Economics, Sept 2023

A new report by Pro Bono Economics, commissioned by the Disabled Children’s Partnership, reveals that more than 11,000 SEND tribunals – contesting decisions by local authorities – were registered in England in 2021-22, an increase of 29% on the previous year.

These tribunals were brought by parents, carers and young people disputing council decisions about an education, health and care plan (EHCP) for a child or young person, a legal document issued by a local authority which identifies a child’s educational, health and social needs and sets out the support that will be provided to meet those needs.

PBE’s research found that local authorities in England lost 96% of SEND tribunal hearings in 2021-22, at a cost of nearly £60mn to the public purse. This expense – split between local authorities and the courts system – is enough to fund just under 10,000 places in special educational needs (SEN) units within mainstream schools each year, according to the study.