DfE confirms SEND Tribunal powers to be made permanent

The DfE confirmed that, from 20th July 2021, the powers for SEND tribunals to hear appeals and make non-binding decisions concerning Health and Social care sections of Education, Health and Care Plans (EHCP) provided there is an education aspect, are to be made permanent. This change comes following a national trial.

The evaluation of the trail reported that:
‘Taking health and social care issues to the Tribunal also adds to provision costs, but this arguably indicates that the health and/or social care needs of children and young people with SEND are being better met as a result of Tribunal decisions’.

The aims of the changes are therefore to: 

• create a more holistic, person-centred view of the child or young person’s needs at the Tribunal 
• bring appeal rights in line with the wider remit of EHC plans 
• encourage joint working between education, health and social care commissioners 
• bring about positive benefits to children, young people and parents

These changes allow parents and children and young people the opportunity to have all of their concerns around their EHC plan heard in one hearing in one place.