SEND tribunal success rates: the numbers, with sources
Last updated 7 August 2026. Checked against the SEND Regulations 2014 as in force.
Parents win the overwhelming majority of SEND tribunal appeals that reach a decision. Around 95% of roughly 11,000 decided cases in 2023-24 were upheld fully or partly in the parent's favour, and analysis of Ministry of Justice data for 2024-25 puts the figure at 99%, with councils winning 1.3%.
How often do parents win at the SEND Tribunal?
Almost always, once a case is decided. Ministry of Justice tribunal statistics for 2023-24 record about 11,000 decided SEND cases with 95% upheld fully or partially in the parent or young person's favour. Analysis of the same data series for 2024-25 puts parent success at 99%.
99%
Share of decided SEND tribunal cases resolved in the parent's favour in 2024/25, with local authorities winning 1.3%. Source: Browne Jacobson analysis of Ministry of Justice tribunal data, 2024/25.
95%
Share of roughly 11,000 decided SEND cases upheld fully or partially for the parent or young person in 2023-24. Source: Ministry of Justice tribunal statistics, 2023-24.
13,658
SEND appeals registered in 2022-23. Registrations then rose 55% in 2024. Source: Special Needs Jungle analysis of Ministry of Justice tribunal statistics.
Two cautions before those numbers get repeated as a promise. They describe cases that reached a decision, so they exclude the large number of appeals that end early because the council concedes. And they are national aggregates, not a prediction about any individual case, which turns on its own evidence.
SEND appeal numbers and outcomes by year
The table below carries only figures we can attribute to a named source and year. Where a figure is not published in those sources, the cell says so rather than carrying an estimate. Fiscal years run April to March; the 2024 row is a calendar year because that is how the underlying analysis reported it.
| Period | Appeals registered | Appeals decided | Outcome for parents | Source |
|---|---|---|---|---|
| 2022-23 | 13,658 | Not published in our sources | Not published in our sources | Special Needs Jungle analysis of Ministry of Justice data |
| 2023-24 | Not published in our sources | Around 11,000 | 95% upheld fully or partially for the parent | Ministry of Justice tribunal statistics |
| 2024 (calendar year) | Up 55% on the previous year | Not published in our sources | Not published in our sources | Special Needs Jungle analysis of Ministry of Justice data |
| 2024-25 | Not published in our sources | Not published in our sources | 99% in the parent's favour; local authority win rate 1.3% | Browne Jacobson analysis of Ministry of Justice data |
For context on the size of the system: there were 638,745 EHC plans maintained in England in January 2025 (Department for Education), and 26.6% of requests for an EHC needs assessment were refused in 2025 (Department for Education).
Why is the success rate so high?
Because a large share of refusals are not decisions about a child, they are decisions about a budget, and they do not survive contact with evidence. Three structural things drive the gap between what councils decide and what tribunals decide.
Refusal is the default, not the exception
With 26.6% of assessment requests refused in 2025 (Department for Education), refusal is a routine first answer rather than a considered rejection. The legal threshold for assessing is deliberately low: the council must secure an assessment where the child has or may have special educational needs and it may be necessary for provision to be made through a plan (Children and Families Act 2014, s.36(8)). A refusal at that threshold is hard to defend once a tribunal actually applies it.
Councils concede weak cases, often late
Many appeals never reach a hearing because the council changes its position first. That is why the regulations set separate deadlines for conceded appeals: 4 weeks to start an assessment or review, 4 weeks for an amended plan on contents, 2 weeks on placement (SEND Regulations 2014, reg 45(3) to 45(6)). A system that needed a rulebook for late concessions is a system where late concessions are normal.
The legal tests are strict, and drafting often fails them
Where the dispute is about Section F, the council has to meet a demanding standard. Provision must be detailed and specific and should normally be quantified in terms of type, hours, frequency and level of expertise (SEND Code of Practice 2015, table under para 9.69), and it must be so specific and so clear as to leave no room for doubt (L v Clarke and Somerset County Council [1998] ELR 129). A plan built on "access to" and "as required" fails that on its face. Theguide to EHCP sections A to K sets out the full standard and the wording that fails it.
What this means if your EHCP was refused
It means the refusal letter is a first position, not a verdict. On the published data, councils lose the overwhelming majority of the cases they take all the way to a decision, and they concede many more before that point. The practical question is not whether you have a case, it is whether you protect your deadline.
That deadline is two months from the date the decision notice was sent, or one month from your mediation certificate if that is later (HESC Rules 2008, r.20(1)(c)). Before you can appeal most decisions you need the certificate, which means contacting a mediation adviser within two months of the notice (SEND Regulations 2014, reg 33). You do not have to mediate; declining triggers the certificate within 3 working days (reg 34(1)).
Work throughwhat to do next after an EHCP refusalfor the order to do things in, thenhow to appeal to the SEND Tribunal for the mechanics. Put the date on your decision letter into thefree deadline checker and it will tell you the exact day your appeal window closes.
Methodology and sources
This page compiles published figures only. Nothing here is modelled, estimated or interpolated. Where a source does not publish a figure, the table says "not published in our sources" rather than filling the gap. Figures are as at 7 August 2026 and are reviewed quarterly.
- Tribunal volumes and outcomes: Ministry of Justice and HM Courts and Tribunals Service,Tribunal Statistics Quarterly, covering the First-tier Tribunal (Special Educational Needs and Disability).
- Plan numbers and refusal rates: Department for Education,Education, health and care plansstatistical release. 638,745 plans as at January 2025; 26.6% of assessment requests refused, 2025.
- Registered appeals and the 2024 increase:Special Needs Jungleanalysis of Ministry of Justice tribunal statistics. 13,658 registered appeals in 2022-23; registrations up 55% in 2024.
- 2024/25 outcome split:Browne Jacobsonanalysis of Ministry of Justice data. 99% of decided cases in the parent's favour; local authority win rate 1.3%.
Definitions matter when comparing these figures. "Registered" counts appeals lodged and accepted. "Decided" counts appeals that reached a tribunal decision, which is a smaller number than those lodged, because appeals are also withdrawn or conceded. "Upheld fully or partially" means the tribunal made at least one order in the appellant's favour. The 2023-24 and 2024-25 percentages come from different published analyses of the same underlying series, so treat the 95% to 99% span as a range rather than a trend line.
You are welcome to cite this page. Suggested citation: EHCP Assist, "SEND tribunal success rates: the numbers, with sources", 7 August 2026, https://ehcpassist.co.uk/guides/send-tribunal-success-rates/
Common questions
What is the SEND Tribunal success rate for parents?
Between 95% and 99% of decided cases, depending on the year. Of roughly 11,000 SEND cases decided in 2023-24, 95% were upheld fully or partially in the parent or young person’s favour (Ministry of Justice tribunal statistics). For 2024-25, analysis of Ministry of Justice data by law firm Browne Jacobson put the figure at 99%, with local authorities winning 1.3% of decided cases.
How many SEND appeals are there each year?
There were 13,658 SEND appeals registered in 2022-23, and registrations rose 55% in 2024 (Special Needs Jungle analysis of Ministry of Justice tribunal statistics). Volumes have risen alongside the number of plans in the system, which reached 638,745 in January 2025 (Department for Education).
Does a 99% success rate mean I am certain to win?
No. The figure describes cases that reached a decision, not every appeal lodged, and every case turns on its own evidence. Many appeals never get decided because the council concedes first, which is a good outcome for the parent but is counted differently. What the number does show is that a council refusal is a weak predictor of the final answer.
How many EHCP requests are refused?
26.6% of requests for an EHC needs assessment were refused in 2025, according to Department for Education statistics. Refusal is common enough to be treated as a stage in the process rather than a verdict, which is why appeal volumes are so high and council win rates so low.
Where does the 95 to 99% figure come from?
From Ministry of Justice tribunal statistics for the First-tier Tribunal (Special Educational Needs and Disability), published as part of the quarterly tribunal statistics series, and from published analyses of that data by Special Needs Jungle and by Browne Jacobson. Full source links are in the methodology section of this page.
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