SEN appeals - Freedom of information requests

Title or Description
SEN appeals
FOI Number
2024506
Date Received
14/05/2024
Type of Request
FOI
Request or Question
As of date of receipt of this email (13th May) how many children with EHCPs are currently waiting for a school place in your council area?


As of date of receipt of this email (13th May) how many children are awaiting assessment for an EHCP in your council area?



How many SEN appeals were undertaken in the years of 2021, 2022 and 2023?



How many of these appeals ended up at tribunal, broken down by the years 21, 22, 23?



How many SEN appeals were upheld/partially upheld in favour of the council, broken down by the years 21, 22, 23?



How much was spent by the council on the SEN appeals process in the years of 2021, 2022, and 2023? This includes appeals that went to tribunal, and those which were settled before tribunal was necessary. It should also include a breakdown of legal fees where possible.



As of date of receipt of this email (13th May) how many SEN appeals are currently on your authority's caseload? This includes appeals which are yet to go to tribunal, appeals which are at tribunal stage, and any other appeals which are outstanding.
Response
EHCPs are not part of the statutory framework and do not apply in Scottish schools. The nearest equivalent we have is a Coordinated Support Plan (CSP). A CSP is a legal plan used for some pupils who require significant, multi-agency additional support with their learning.


As of date of receipt of this email (13th May) how many children are awaiting assessment for an EHCP in your council area?

N/A

How many SEN appeals were undertaken in the years of 2021, 2022 and 2023?

We have taken SEN appeals as being any Additional Support Need (ASN) education matter that can be appealed to the Health and Education Tribunal. These consist of:

- ASN placing request appeals
- CSP appeals
- disability discrimination appeals

Scottish Borders Council received the following number of ASN appeals:

2021 1
2022 0
2023 - 6


How many of these appeals ended up at tribunal, broken down by the years 21, 22, 23?

2021 - 1
2022 - 0
2023 - 4

How many SEN appeals were upheld/partially upheld in favour of the council, broken down by the years 21, 22, 23?

2021 - 1
2022 - 0
2023 - 3


How much was spent by the council on the SEN appeals process in the years of 2021, 2022, and 2023? This includes appeals that went to tribunal, and those which were settled before tribunal was necessary. It should also include a breakdown of legal fees where possible.

All the legal work is done in-house for this and we do not charge Education for our services for this.

As of date of receipt of this email (13th May) how many SEN appeals are currently on your authority's caseload? This includes appeals which are yet to go to tribunal, appeals which are at tribunal stage, and any other appeals which are outstanding.

We currently have 4 ASN appeal matters outstanding, which include those initially received in 2023 but not yet concluded.