Continued rise in claims in the SENDIST Tribunal

On 11 December 2025, the Special Educational Needs and Disability (SENDIST) First Tier Tribunal released its latest quarterly statistics.

The SENDIST Tribunal handles appeals against local authority decisions on special educational needs (SEN) and disability discrimination claims against schools (including independent schools) and local authorities.

The statistics show what’s happened at the SENDIST First Tier Tribunal, at a national level, up to the end of the 2024/25 academic year.

As expected, SEN appeal claims continue to rise. These types of appeals have increased year on year, from 3,100 in 2014/15 to 25,000 in the academic year 2024/25 – the highest number recorded.

The increase is likely linked to more families seeking Education, Health and Care (EHC) plan assessments and subsequently the growing number of children and young people with an EHC plan. As of January 2025, 638,745 children and young people had an EHC plan, with the number of new EHC plans being issued increasing each year since their introduction in 2014.

The statistics also show an increase in appeals relating to disability discrimination claims against schools and local authorities. In 2024/25, 400 appeals were registered – 40 more than the previous year, representing a 12% increase.

How does this affect independent schools?

Mirroring the official statistics, we’re seeing an increase in Tribunal claims for disability discrimination against independent schools. Pupils with an EHC plan or other SEN support now account for 24.1% of all pupils in independent schools.

Although the Children and Families Act 2014 doesn’t apply wholly to independent schools, and independent schools are not required as a general rule to comply with the SEND Code of Practice, the Equality Act 2010 applies to all schools and education settings. Failure to meet their obligations under this Act can lead to Schools finding themselves on the receiving end of a disability discrimination claims.

The Equality Act 2010 prohibits discrimination against pupils or prospective pupils based on protected characteristics, including age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

Prospective pupils with a disability must not be treated less favourably than non-disabled pupils. Independent schools have a legal duty to consider and make reasonable adjustments where necessary to remove any substantial disadvantage that prospective disabled pupils may encounter.

This legal duty is anticipatory and ongoing. It applies to current and prospective pupils. Because ‘disability’ is broadly defined and it may not always be clear if a pupil is ‘disabled’ within the meaning of the Equality Act, it’s important that schools consider what this means on a day-to-day basis for their setting and demographic.

If a pupil is or may be disabled within the meaning of the Act, the school must consider whether any reasonable adjustments may be made. Our detailed guide on making reasonable adjustments for disabled pupils can be found here.

What is the future for the SENDIST Tribunal?

As the number of SEN appeals and disability discrimination claims rise, it has become clear that the Tribunal is struggling to meet demand.

The difficulties faced by the Tribunal reflect wider concerns about the SEND system in England and the future of the children and young people it supports. The SEND system is often described as being at “crisis point”, with rising EHC plan numbers, high costs for specialist placements and local authority funding deficits.

The Department for Education (DfE) plans to publish the Schools White Paper in early 2026, alongside proposals to improve SEND support. While there are rumours that ministers are considering significant shifts, including narrowing the scope of EHC plans or even replacing them, multiple delays and ministerial changes within the DfE mean the future remains unclear. We’ll continue to keep schools updated.

DfE launches consultation on a Child Protection Authority (CPA) for England

On 11 December 2025, the DfE launched a public consultation on creating a Child Protection Authority (CPA) for England.

The CPA is part of the government’s strategy to “protect children from predators and abuse” and responds to recommendations from the Independent Inquiry into Child Sexual Abuse (IICSA), which was published in October 2022.

The DfE expects the CPA to provide national leadership and oversight, using data and intelligence to spot risks early and advise on policy at local and national level. It’s hoped that it will help to create a system that is proactive rather than reactive.

This consultation closes on 5 March 2026 and can be found here. Alongside this, the DfE will work with children, young people and victims and survivors of abuse to seek their views on the proposals.

It’s anticipated that the government’s response to the consultation will be published in summer 2026, alongside its plans for legislation to establish the CPA. We’ll continue to keep schools updated.