Kent SEND Tribunal Statistics: What the 98% and 99% Figures Mean

When MP Helen Whately raised SEND provision in Kent during a parliamentary debate on 12 November 2025, Hansard recorded the statement that between 2021 and 2024, 98% of SEND tribunals in Kent were successful for parents.

That sentence should not be converted into “98 out of 100 parents win everything”. The debate does not publish the denominator, outcome definition, appeal mix, withdrawals, concessions or whether “successful” means success on all or only some disputed issues. It also does not show that every original local-authority decision was wrong.

This guide separates that Kent statement from the official national HMCTS measure and explains the appeal process without predicting an outcome.

Where the 98% figure comes from

The figure was stated in the House of Commons debate “SEND Provision: Kent” on 12 November 2025. Read the full context in Hansard. Treat it as an attributed parliamentary statement, not a standalone official data table.

The closest current official comparator is national, not Kent-specific. HMCTS reported for academic year 2024/25 that 25,000 SEN appeals were registered and 20,000 outcomes recorded. Of those outcomes, 71% (14,000) were decided by the tribunal. Of decided cases, 99% were in favour of the appellant on the majority of issues.

“Majority of issues” can mean success on some but not all appealed sections. The statistic includes appellants who are young people as well as parents, and it excludes cases that ended through other recorded outcomes. It therefore cannot be multiplied by an unverified Kent appeal count to infer a number of complete parent wins.

What the SEND Tribunal actually does

The First-tier Tribunal (Special Educational Needs and Disability), usually shortened to "SEND Tribunal" or "SENDIST", is an independent national tribunal. It is not part of the local authority and not answerable to it.

The tribunal can order a Kent council to:

• Carry out an EHC needs assessment after a refusal to assess
• Issue an EHCP after the council has assessed but refused to issue
• Change what is written in Section B (description of needs)
• Change what is written in Section F (the legally enforceable provision)
• Change what is named in Section I (the school or type of school)
• Maintain an EHCP the council wants to cease

Education orders are legally binding on the local authority; health and social-care elements can be recommendations. GOV.UK lists implementation deadlines and complaint routes.

Why the Kent and national figures are not interchangeable

The Hansard statement covers Kent between 2021 and 2024. The HMCTS publication covers England in academic year 2024/25 and defines a decided case as in favour of the appellant where the appellant wins the majority of appealed issues.

Without the Kent dataset and matching definitions, the two percentages cannot be used to calculate a trend, a Kent case count or the chance of success. Decide whether to appeal by looking at the appeal right, deadline, disputed issues and evidence — not by attributing an assumed motive to the local authority.

The 5 things you can appeal

You can appeal these specific local authority decisions to the SEND Tribunal:

1. Refusal to carry out an EHC needs assessment. The council has refused to assess your child despite your request.
2. Refusal to issue an EHCP after assessment. The council assessed but decided not to issue a plan.
3. The contents of an EHCP. Specifically Sections B (description of needs), F (provision), or I (placement).
4. Refusal to amend an EHCP after annual review. The council reviewed and decided not to make the changes you asked for.
5. Decision to cease an EHCP. The council wants to remove the plan and your child still needs it.

The tribunal must usually receive an appeal within 2 months of the date on the local authority's decision letter, or 1 month from the date of the mediation certificate — whichever is later. Check GOV.UK and any instructions in the decision letter.

How to appeal: step-by-step

1. Get the council's decision in writing. The letter should state the decision, the reasons, and your right to appeal. If it doesn't, ask for it in writing.
2. Check the mediation requirement. Most appeals require contact with a mediation adviser and a certificate even if you decline mediation. A placement-only Section I appeal is exempt. Mediation does not simply pause the original deadline; use the later of the applicable decision-letter or certificate deadline.
3. Use the correct form or online service before the deadline. SEND35A is for a refusal to secure an EHC needs assessment; SEND35 covers the other EHC plan decisions listed on the form. Start at GOV.UK's appeal service.
4. Receive the case management directions. Within a few weeks the tribunal will issue a timetable for what evidence both sides must submit and by when.
5. Build your evidence bundle. Independent reports (Educational Psychologist, OT, SALT, paediatrician), school evidence, your written submissions, your child's voice if appropriate.
6. Working Document phase. For Section B/F/I appeals you and the council exchange a "Working Document" with proposed wording for each disputed part of the EHCP. Many cases settle here.
7. Final hearing (if not settled). A 1-day hearing with a panel of 3 (judge, specialist member, lay member). You and your witnesses can give evidence. Parents are usually directed to give evidence first.
8. Decision. GOV.UK says it is usually issued within 10 working days of the hearing. It is legally binding on the local authority.

Do you need a solicitor?

No. Parents and young people may represent themselves. The published figures cited above do not establish that most successful Kent appellants were self-represented or that representation changes the probability of success.

Free help is available from:

• Kent IASK, the statutory Information, Advice and Support service for SEND in Kent
• IPSEA, the national charity providing free legal advice for SEND
• SOS!SEN, free helpline and email support
• Contact, charity for families with disabled children

A solicitor or barrister becomes more useful when:

• The appeal involves complex law (judicial review, multiple combined refusals, disability discrimination)
• The local authority is contesting on legal rather than evidential grounds
• You face cease-to-maintain plus refusal-to-assess in combination
• You can fund private representation and want to maximise your evidence bundle

Kent specialist SEND solicitors include HCB Group, SEN Expert Solicitors, and others listed in our EHCP solicitors directory.

Timeline: use the directions for your case

• Initial review: GOV.UK says the tribunal will review the appeal and respond within 25 working days.
• Local-authority response: once the tribunal sends the appeal, the local authority has 30 working days to respond.
• Evidence and hearing: the tribunal's case-management directions set the deadlines and tell you whether there will be a hearing.
• Decision: GOV.UK says you will usually receive it within 10 working days of the hearing.
• Implementation after a successful appeal: the deadline depends on what the tribunal orders; GOV.UK lists the current periods.

How to prepare a clear Kent SEND appeal

The following steps can make the issues and evidence clearer. They are preparation principles, not predictors of success:

1. Relevant evidence. Use school, clinical or expert evidence where it addresses a disputed fact. Independent reports can be useful, but no report is required in every case or guarantees an outcome.
2. A precise Working Document. Every Section B point you want changed. Every Section F provision you want added with quantified specificity (hours per week, who delivers it, how it's monitored). Every Section I option with clear school-naming rationale.
3. Clear written submission. A document that walks through every reason in the council's refusal letter and answers each one with evidence. Not emotional. Factual. Cited.
4. Detailed witness statements. From you as the parent describing daily life with your child, from your child where appropriate, from independent professionals.
5. School engagement. If the SENCO supports your case, get them to write a supportive letter or statement of need. If the named school says they can or cannot meet the needs, that is heavily weighted.
6. Compliance with the timetable. Tribunals do not look kindly on missed deadlines. If your evidence is late, file an application to vary the directions, do not just slip.

Kent-specific free support

If you live in Kent and are considering or in an appeal:

• Kent IASK (Information, Advice and Support Kent): 03000 41 3000, iask@kent.gov.uk, Mon-Fri 9am-5pm. Free, confidential, statutory.
• Kent County Council SEND Enquiries Hub (separate from tribunal): use the current online contact route or call 03000 41 99 94 for service questions. Follow KCC's formal complaints process where appropriate.
• Local Kent SEND parent groups on Facebook (search "Kent SEND parents", "Kent autism parents") for shared experience and emotional support during appeal.

FAQ

What is the success rate of the SEND tribunal in Kent?

Hansard records a November 2025 statement that 98% of Kent SEND tribunals between 2021 and 2024 were successful for parents, but does not supply the underlying dataset or define “successful”. National HMCTS data for 2024/25 says 99% of decided SEN appeals favoured the appellant on the majority of issues; decided cases were 71% of recorded outcomes. Neither predicts an individual appeal.

How do I contact the SEND Tribunal?

Use GOV.UK's appeal service for current online, post and contact details. The usual deadline is 2 months from the date on the decision letter or 1 month from the mediation certificate, whichever is later.

What does the SEND Tribunal do?

It is an independent tribunal that hears appeals from parents against local authority SEND decisions. It can order a council to assess, issue an EHCP, name a school, change what is written in the plan, or maintain a plan the council wants to cease. Decisions are legally binding.

Do I need a solicitor for the SEND tribunal?

No. Parents and young people may represent themselves. Free advice may be available from IPSEA and Kent's information, advice and support service. Specialist legal help can be useful for complex law, evidence or procedure, but representation does not guarantee an outcome.

How do I prepare a SEND tribunal appeal in Kent?

Identify the decision and remedy, follow the tribunal's directions, use relevant evidence, propose precise wording where EHC plan contents are disputed, and address the local authority's case clearly. No type or quantity of evidence guarantees success.

Is it better to settle or go to tribunal?

That depends on the individual issues and proposed terms. Compare any offer with the needs and provision in dispute and get advice if needed. Do not rely on an unsupported settlement percentage or national outcome statistic.

How long does a Kent SEND tribunal take?

There is no single guaranteed duration. The tribunal's directions set the dates for your appeal. GOV.UK gives initial response periods, but the later timetable varies by appeal and case management.

Next Steps

If you are considering or starting an appeal:

1. Read the full EHCP Appeal Guide for Kent with the step-by-step process
2. If your child has been refused DLA on top of EHCP issues, see our DLA for Autistic Children guide and the 5 examples of successful DLA claims for autism
3. Browse Kent EHCP solicitors if you want paid representation
4. Find an independent Educational Psychologist in Kent for the assessment evidence
5. Find an independent Occupational Therapist for sensory and motor evidence

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Disclaimer: This is information, not legal advice. Facts were checked on 26 July 2026. The Kent 98% wording is an attributed Hansard statement without a linked underlying dataset; the 99%/71% figures come from HMCTS's 2024/25 national SEND statistics. Neither predicts an individual appeal. Check current rules on GOV.UK and consider advice from IPSEA or Kent IASK.