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More than 1.7 million pupils in England have special educational needs (‘SEN’) and more than 480,000 have Education Health and Care (‘EHC’) plans – legal documents giving them additional entitlements to support. Except in 2020, requests for EHC plans have increased in every year since they were introduced, and in the academic year 2023/24, HMCTS tribunals recorded 21,000 registered SEN appeals, an increase of 55% from the previous year.
These appeals, which deal with disputes in England between a local authority and parents or young people relating to EHC needs assessments and EHC plans, can now be extended to include health and social care issues. They are heard in private, by independent panels consisting of a judge and specialist members. Examination of expert evidence is a common feature of these appeals.
This is a detailed practitioner’s guide to this fast-growing area. It addresses the relevant statutory and case law as well as the rules and procedure of the First-tier Tribunal and Upper Tribunal which govern these appeals.
