99% of Parents Win at SEND Tribunal. So Why Do Local Authorities Keep Saying No?

If your local authority has told you that your child does not qualify for an Education Health and Care Needs Assessment ("EHCNA"), or that their Education, Health and Care Plan ("EHC Plan") does not need to include the support you know they need, you are not alone. And the data suggests you may well be right to challenge it. Every year, the government publishes statistics on SEND Tribunal ("the Tribunal") outcomes. The most recent figures, for the 2024/25 academic year, show that 99% of resolved SEND cases were decided in the parents' favour. Around 25,000 appeals were registered, an 18% increase on the previous year and the highest ever recorded. Parents won the overwhelming majority. So if parents are right 99% of the time, why do local authorities keep saying no in the first place?

The Scale of What Is Happening

To put those numbers into context: in 2014/15, around 3,150 SEND appeals were registered with the Tribunal. By 2024/25, that figure had risen to 25,000. That is nearly eight times as many in a decade, and the number continues to grow year on year. The open caseload reached 15,000 by the end of September 2025, another record high. New appeals are being registered faster than existing cases are being resolved. Families are waiting longer, with hearing dates in some cases stretching into 2027. These are not just statistics. They are families spending months or years fighting for support that the Tribunal ultimately agrees their child is entitled to.

Why Do Local Authorities Keep Refusing?

There is no simple or comfortable answer. But the published evidence points to several possible factors.

Financial pressure

SEND provision is expensive, and local authority high-needs budgets are under severe strain. Councils collectively hold an estimated 6 billion pounds in high-needs deficits. When budgets are tight, there may be pressure to limit the number of EHC Plans issued and to reduce the specificity of provision within EHC Plans.

Families do not know they can challenge

Many families accept a refusal because they do not realise they have the right to appeal, do not know how the process works, or feel that fighting an institution is beyond them. Local authorities know this. The fact that appeals succeed 99% of the time is partly a reflection of how many valid cases never make it to tribunal at all.

The consequences for local authorities are limited

Even when local authorities lose at tribunal, the cost of fighting families has historically been absorbed and treated as a normal operating cost. Until the system creates meaningful consequences for unlawful decisions, the incentive structure does not change.

What Does Winning at Tribunal Actually Mean?

It is worth being clear about what the 99% figure represents. A win does not always mean getting everything you asked for. It means parents succeeded on at least the majority of their appeal. But even partial wins can be transformative. A vague speech and language therapy provision replaced with a specific frequency and delivery model. A school placement that was refused being ordered. A needs section expanded to actually reflect what professionals have said. These changes can shape a child's entire educational trajectory.

The Earlier You Get Support, the Better the Outcome

In my experience, families who get support early in the process achieve better outcomes than those who come to advocacy only when they are already at the Tribunal stage. Early support means better documentation from the start, refusals challenged promptly, and parents who understand their rights and engage from a position of knowledge rather than anxiety. You can find out more about what SEND Advocacy involves here.

What Can You Do If Your Local Authority Has Said No?

If your child's request for an EHC Needs Assessment has been refused, or if you are unhappy with the contents of their EHC Plan, you have the right to appeal. In most cases, you must consider mediation before appealing, but mediation does not prevent you from then going to tribunal if it is unsuccessful. You can read about the EHCNA process, what it involves and what the local authority is legally required to do, on our blog. If you want expert support for your appeal or for any stage of the SEND process, our advocacy services for parents are here to help.

You Do Not Have to Accept a Refusal

The 99% success rate is undeniably frustrating and signifies a system that is not working as intended. But is also a reason to feel confident; because if your local authority has said no and you believe they are wrong, the evidence strongly suggests you are right to challenge it. And you do not have to do it alone. Whether you are at the beginning of the process or deep in a dispute, getting the right support makes a real difference. Contact SEND Advocacy today to talk through your situation.

Frequently Asked Questions

How do I appeal a refusal to carry out an EHCP assessment?

You have the right to appeal to the SEND Tribunal if your local authority refuses to assess your child. You must first consider mediation. An advocate can help you prepare for both stages.

Do I need a solicitor to go to tribunal?

No. Many parents work with a SEND advocate rather than a solicitor. An advocate can help you understand the process and prepare your case without the cost of legal representation.

What is the SEND7 form?

The SEND7 (also known as the SEND35) is the form used to register an appeal with the SEND Tribunal. It sets out your grounds of appeal and the outcomes you are seeking.

How long does a SEND tribunal appeal take?

The Tribunal is under significant pressure. Hearing dates can be several months away, and in some cases into 2027. This is a reason to begin the process as early as possible if you believe a challenge is needed.

If your child has been refused support and you need help, SEND Advocacy is here. Get in touch today to find out how we can support you.