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Research

SEND Tribunal outcomes: what the data tells families

HMCTS Tribunal Statistics show that when a SEN appeal reaches a Tribunal decision, the overwhelming majority are decided in favour of the appellant. This article explains what that statistic means, why it can be misleading to take it as a guarantee, and how a strong case is still built on evidence.

Source: HMCTS Tribunal Statistics Quarterly, July to September 2025

The headline figure

The most recent HMCTS quarterly statistics show that 99% of SEN appeals decided by the Tribunal are in favour of the appellant — the parent or young person bringing the appeal. On its face, this suggests that the Tribunal is a highly favourable forum for families. That is true in one sense, but the figure needs careful interpretation.

Why the figure is not a prediction

Tribunal statistics measure the outcome of cases that actually reach a final Tribunal decision. They do not include cases that settle before a hearing, are withdrawn, or are resolved through negotiation. Cases that reach a decision also tend to be the cases where the family has the strongest evidence and the local authority has the weakest position. The 99% figure does not mean every appeal will win, and it does not replace the need for strong, specific evidence.

What successful appeals have in common

Tribunal decisions tend to turn on whether the evidence clearly demonstrates that the child or young person has special educational needs, and whether the proposed or existing provision is specific, quantified and adequate. Parents who can present independent professional evidence, clear examples of unmet need, and a well-drafted ideal Section F are in the strongest position.

How families should use this information

The statistics tell us that the Tribunal is an effective route when a case is properly prepared. They also tell us that many local authorities settle before a hearing because the evidence does not support their position. Families should treat the Tribunal as a serious, evidence-driven process, not as a lottery or a guaranteed win. Early, focused preparation is the best way to improve the chance of a good outcome.

Citations

  • HMCTS Tribunal Statistics Quarterly, July to September 2025
  • Children and Families Act 2014
  • SEND Code of Practice

Use this in your case

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