A Record Rise in SEND Appeals and Challenges for Schools Supporting SEND Students:

A Closer Look

In recent years, the Special Educational Needs and Disabilities (SEND) landscape in the UK has faced unprecedented strain. The latest statistics highlight a sharp increase in tribunal appeals as more parents fight to secure the educational support their children desperately need. Between April and June 2024, there were 5,800 SEND tribunal appeals a staggering 78% increase compared to the same period in 2023, making it the largest quarterly rise ever recorded.

This has left nearly 9,200 open cases, a 61% backlog, reflecting a system under extreme pressure. This surge in appeals signals not just growing frustration among parents but a crisis point in the educational system’s capacity to support SEND pupils effectively.

Why the Sudden Rise?

To attribute this escalation to “demanding” parents or unrealistic expectations would overlook the core issues.

At the heart of the problem is a widespread failure of local authorities to uphold their responsibilities. Parents are often forced to appeal when local authorities either reject applications for EHC (Education, Health and Care) needs assessments outright or issue EHC Plans that parents deem inadequate for addressing their child's needs.

Statistics show that the majority of these appeals result in rulings in favour of the parents, indicating a pattern of poor or even unlawful decision-making by local authorities.

Many parents and advocates believe this approach stems from a desire to reduce the number of EHCPs issued due to budgetary constraints, a claim supported by schemes like “Safety Valve” and “Delivering Better Value in SEND.” These initiatives are designed to manage local authority SEND budgets, but in practice, they are limiting the support that children with SEND receive.

The Funding Gap and Resource Challenges

One of the primary barriers preventing schools from meeting the needs of SEND pupils is a lack of funding. A government-commissioned survey conducted as part of the School and College Voice (SCV) series in early 2024 underscores the financial strain on schools. In this survey, 95% of primary schools, 84% of secondary schools, and 69% of special schools identified inadequate SEND funding as a significant obstacle. Without sufficient funding, schools cannot employ enough teaching assistants, Special Educational Needs Coordinators (SENCOs), or access necessary specialist support such as speech and language therapy, occupational therapy, or educational psychology.

The survey further revealed that access to external support is scarce. Only 23% of primary school teachers and 16% of secondary school teachers reported being able to access external support, like speech and language therapists, consistently. This shortage not only hinders schools' ability to meet SEND needs but also places additional strain on internal resources, which are also limited. In primary schools, 86% of teachers required support from SENCOs and 80% from teaching assistants. In secondary schools, 71% of teachers needed support from SENCOs, and 74% required assistance from teaching assistants. Yet, only 69% of primary and 58% of secondary teachers could consistently access this support. This shortfall directly impacts the quality of education that SEND pupils receive.

The Problem with "Ordinarily Available Provision"

The government has recently placed greater emphasis on "Ordinarily Available Provision" (OAP) as a baseline of support that schools are expected to provide to SEND pupils using existing budgets. While this may sound like a promising way to ensure all schools are equipped to support SEND children, the reality is that OAP is funded through general SEND allocations within school budgets, which have not kept pace with rising costs.

These funds are neither ring-fenced nor protected from cuts, meaning they have faced significant real-terms reductions over the years. This lack of targeted funding forces schools to stretch already limited resources further, often at the expense of effective support.

The expectation that schools should rely on OAP before pursuing an EHC needs assessment can delay critical support. Parents and advocates argue that this expectation acts as a barrier to accessing EHCPs, as local authorities increasingly demand evidence that the school has exhausted all OAP options before agreeing to an EHC needs assessment. This requirement can be challenging to meet if the school lacks the resources or staff to fully implement OAP. In some cases, parents have reported that their child’s assessment request was denied on the grounds that recommended interventions had not been trialled over a “sufficient period.” This reasoning, however, often appears to be a stalling tactic, as there is no legal requirement for a set period of intervention before requesting an EHC assessment.

Teacher and School Leader Perspectives: A Disconnect?

Another concerning finding from the SCV survey was the discrepancy in perceptions of SEND support efficacy between school leaders and classroom teachers. While a majority of primary (69%) and secondary (73%) school leaders feel their schools can “effectively support” SEND pupils, the perspective from teachers on the ground may differ. Teachers, who interact directly with SEND pupils and understand the daily challenges of providing adequate support, are likely to have a more nuanced view of these limitations. While school leaders may feel optimistic, teachers frequently express frustration at the lack of resources, training, and time required to meet the complex needs of SEND pupils effectively.

Interestingly, a significant minority of schools openly admitted that they do not feel equipped to support SEND pupils effectively. This admission was noted in 19% of primary and 17% of secondary schools, which, when extrapolated, suggests that thousands of children across the country may not receive the help they need within mainstream settings. These pupils risk being sidelined in a system that is overburdened and underfunded.

The Role of External Specialists: A Systemic Failure

The survey highlights a crucial gap in accessing external support, which is often necessary to address more complex SEND needs. Despite the evident need, a substantial number of schools reported no requirement for such support. For instance, 41% of secondary schools and 15% of primary schools claimed they did not need external services like speech and language therapy, educational psychology, or occupational therapy during the survey period. This raises questions: do these schools truly lack the need, or are they simply unable to access these services due to funding or availability constraints? More concerningly, this situation suggests that many children with SEND may be receiving inadequate support if they require, yet do not receive, specialist intervention.

The absence of adequate external support services has contributed to a rise in Alternative Provision (AP) placements, with a 20.3% increase in AP admissions for children with SEND over the past year. Many of these children are not on the SEN register but later receive SEND diagnoses. This rise in AP placements reflects the difficulties mainstream schools face in meeting the diverse needs of their pupils, a challenge compounded by limited resources and external support.

What Needs to Change?

The record rise in SEND tribunal appeals and the systemic challenges faced by schools in supporting SEND pupils underscore the urgent need for reform. The government must consider the following actions:

Increased Funding: Ring-fenced, long-term funding increases for SEND support are essential. Schools cannot continue to meet rising needs without adequate resources, and relying on OAP alone is insufficient.

Simplified Access to EHCPs: Local authorities should reduce barriers to EHCPs and avoid using bureaucratic delays to manage costs. Children with SEND deserve timely assessments that prioritize their needs over budgetary constraints.

Enhanced Access to External Specialists: Schools should have reliable access to external support services. Establishing partnerships with local authorities to streamline access to services such as speech and language therapy and educational psychology could alleviate some of the burden on school staff.

Improved Training for School Staff: Ongoing professional development for teachers and SENCOs would better equip them to meet the needs of SEND pupils, reducing reliance on external support and ensuring more children receive adequate help within their schools.

Without these changes, the education system risks failing thousands of SEND children who are currently left between insufficient in-school support and limited access to external assessments. The unprecedented rise in tribunal appeals is a clarion call for policymakers, local authorities, and educational institutions to work together to build a system where every child can receive the support they need to thrive.