You may have heard the statistic quoted in SEND parent groups: around 95% of families who go to SEND Tribunal get the outcome they were looking for. It sounds almost too good to be true. And in some ways, it needs unpacking before you decide what it means for your situation. Here is an honest look at what those numbers actually show.
Where does the 95% figure come from?
The figure comes from official statistics published by the Ministry of Justice and HMCTS, which track the outcomes of First-tier Tribunal (SEND) hearings. In recent years, the proportion of appeals decided in favour of parents has consistently been around 94 to 96 percent. This covers cases where a hearing actually took place and a judge made a ruling.
The official starting point for appealing is the GOV.UK guidance on how to appeal an EHC plan decision, which sets out the types of decisions you can challenge and the process for doing so.
The important caveat: concessions before the hearing
Here is the part that changes the picture significantly. A large proportion of "wins" are not decisions made by a judge at a hearing. They are concessions made by the local authority before the hearing takes place, often in the days or weeks leading up to it. The local authority reviews the case, sees the evidence you have submitted, and agrees to your position without going to a hearing.
This is not a cynical observation. It is actually how the system is supposed to work in some ways: the process of preparing for Tribunal forces both sides to look hard at the evidence. But it does mean the 95% figure includes cases that were never tested in front of a judge. It also means that the process of preparing your appeal, gathering professional evidence, and submitting a strong case is itself part of what drives those outcomes.
What the statistics do not capture
The win rate only counts families who actually registered an appeal. It does not count the many families who were told "no" by their local authority and did not know they could appeal, or who found the process too overwhelming, or who could not access advice. The families who do appeal tend to be those who have managed to access support, understand their rights, or have professional help. That is a selection effect, and it is worth being honest about it.
Does a high win rate mean you should always appeal?
Not automatically, no. Tribunal is a serious process. It takes time, usually several months from registration to hearing. It requires gathering evidence, writing submissions, and in some cases attending a hearing. It can be stressful. For some families, mediation or a well-written formal letter achieves the same result with less cost to your energy.
That said, the statistics do tell you something real: local authorities frequently make decisions that do not hold up to scrutiny. If you have been refused an EHCP assessment, or your child's plan does not reflect their needs, or the provision is vague and unenforceable, an appeal is a genuine option with a meaningful chance of success.
The types of appeal
You can appeal to the SEND Tribunal on several grounds, including:
- The local authority refuses to carry out an EHC needs assessment
- The local authority carries out an assessment but decides not to issue an EHCP
- You disagree with the contents of the EHCP, including the description of needs, the provision specified, or the school named
- The local authority refuses to amend the plan after an annual review
- The local authority decides to cease maintaining the EHCP
What to do next
If you have received a decision you want to challenge, the first step is to request the decision in writing and note the date. You generally have two months from the date of the decision letter to register an appeal. Before you register, consider contacting your local SENDIASS service, which is free and can help you decide whether appeal is the right route for your situation. Do not let the timescale slip while you are still deciding what to do.