42 Not Addressed

Over 90% of SEND tribunal decisions are made in favour of the parent and child.

Conclusion
Over 90% of SEND tribunal decisions are made in favour of the parent and child. But where a child with SEND lives in residential care, and does not have a school place or Education, Health and Care plan that meets their needs, they may effectively have no right of appeal to a tribunal if they have no parental figure willing to pursue an appeal on their behalf. We are concerned by the potential conflict of interest inherent in a local authority’s simultaneous roles as a looked-after child’s corporate parent, and decision-maker for a SEND appeal on the child’s behalf. A local authority is clearly unlikely to appeal against itself at a SEND tribunal. Although the child’s Independent Reviewing Officer (IRO) has a vital role to play here, we have heard that IROs do not consistently ensure that the child’s special educational needs are effectively identified, assessed and met.
Government Response Summary
The government repeats the committee's conclusion without providing a response.
Paragraph Reference
106
Government Response
Not Addressed
HM Government Not Addressed
Over 90% of SEND tribunal decisions are made in favour of the parent and child. But where a child with SEND lives in residential care, and does not have a school place or Education, Health and Care plan that meets their needs, they may effectively have no right of appeal to a tribunal if they have no parental figure willing to pursue an appeal on their behalf. We are concerned by the potential conflict of interest inherent in a local authority’s simultaneous roles as a looked-after child’s corpo
Addressee Bodies
Department for Education
Timeline
Recommendation age 3.9 yrs
Report published 08 Jul 2022