Parents of vulnerable children are being forced to wait nearly a year to challenge refusals by councils to offer SEND support. The special educational needs and disability tribunal (SENDIST) gives parents the right to appeal a council鈥檚 decisions on educational, health and care plans (EHCPs), such as refusals to issue one or disagreeing with its school provision. When they do reach court, nine in ten of the cases are found in the favour of parents. But more appeals than ever are being lodged, with a growing backlog. A freedom of information request from Schools Week now shows just 79 per cent of cases were completed within 22 weeks this year, down from 91 per cent in 2018-19. This is still above the Ministry of Justice鈥檚 (MoJ) own target to complete 75 per cent of cases within the timeframe. But the department admitted an appeal registered this month would now not be listed for an in-person hearing until January next year. ‘Creaking’ tribunal system Paper hearings 鈥 often used in cases where a council refuses to assess the child in the first place 鈥 are quicker and would be listed five months from now. Matt Keer, a SEND specialist, said that the SEND tribunal system was 鈥渃reaking 鈥 it鈥檚 taking longer than ever to process the highest-stakes appeals. 鈥淥nly local authorities benefit from the logjam. Pupils, parents and schools suffer.鈥 Kent wants school 鈥榲olunteers鈥 to clear its SEND backlog Ed Duff, a senior solicitor at Education Law Advice, said that when he started in 2007 the whole process would take about 16 weeks. Some of his cases were now listed for 12 months鈥 time. 鈥淭he impact depends on what [the child] is going through, but in the most extreme cases you could have kids sitting at home, self-harming for a year with no provision. 鈥淭hey are not going to school so, by the time you do get to a hearing, the whole situation has become worse than six or seven months ago.鈥 A total of 11,052 disputes were registered last academic year 鈥 a 29 per cent rise from 8,579 the previous year. The outstanding tribunal caseload has also soared to 5,554 by the end of September, up 44 per cent in a single year. Duff said it was 鈥減rimarily terrible local authority decisions鈥 that were behind the rise. Sir Keith Lindblom, the senior president of tribunals, said in a report last year that 鈥渞egrettably鈥 SENDIST cases had to be postponed in some cases 鈥渄ue to a lack of judicial resources鈥. But 70 more judges, 120 more special panel members and 40 extra tribunal staff have been recruited. However, the MoJ has prioritised cases that involve children moving phases, such as from primary to secondary school in September. SEND review proposes change David Barber, a former headteacher and tribunal panel member, said delays made it 鈥渧ery difficult for the school both in terms of the impact on staff time and resources鈥. 鈥淚f the SENCO feels that the child needs an EHCP, usually it鈥檚 because the school has reached the end of the road with support they are able to offer for this child in school. 鈥淭hey may have used all of their resources and can see that month after month the child is falling further and further behind their peers.鈥 The government鈥檚 SEND review proposed controversial mandatory mediation for parents, making it 鈥渆asier to resolve disputes earlier鈥. Tribunals would be used 鈥渇or the most challenging cases鈥, the review said. But experts worried the move could introduce 鈥渕ore bureaucracy and slow things down even more鈥. The government鈥檚 delayed SEND review response is due next week. The Local Government Association said the appeals situation 鈥渋s indicative of a system that is not working鈥, adding councils needed 鈥渓ong-term鈥 funding. The MoJ said it recognised that vulnerable children with SEND 鈥渕ust receive support quickly鈥.