The Local Authority data on EHC plans (which covers children and young people up to age 25) show that the number of new plans was up 7% from 2021 and brings the total number of students with EHC plans to 517,026 (up 9% on 2021 and more than double the number of students who had EHC plans in 2015).

The 2022/23 statistics for English schools (state-funded, independent and specialist SEN schools) were published in June 2023 and show that the number of pupils that require SEN support has increased by 12.6% in the last year and means that almost 1 in 5 of all school pupils require SEN support.

The number of initial requests for an EHC plan has also increased by 23% to 114,457.

These statistics show the continued long-term trend of increased demand for EHC plans and SEN support. Unsurprisingly, the statistics also show that the increased demand has led to further delays in the time taken to provide an EHC.

Given the duties on schools, colleges, and universities to provide SEN support, it is unsurprising that the increased demand year on year is placing real burden on all educational establishments to meet those demands, often within already stretched budgets, with many families complaining that their children are not getting the support that they need to be able to have their needs met.

The Government's SEND and alternative provision improvement plan, issued in March 2023, recognises the challenges that are currently faced by some children and young adults, the shortfall in funding that has been available to date, and the need for the provision to be improved and uniformly applied across the country. However, there is no immediate panacea, and the reforms will take some time to start making any appreciable difference to those families and students who currently feel let down.

Against this backdrop, it is unsurprising that there was a 29% increase in SEND Tribunal applications in 2021/22 compared with the prior year and that trend is bound to have continued into the 2022/23 period. We are also receiving instructions on an increasing number of discrimination claims against independent schools, colleges and universities relating to admissions, exclusions and the provision of education and associated services. More and more of those claims are now being advanced by Claimant solicitor firms with specialist experience in this area.

We expect this trend to continue for the foreseeable future and appropriate planning and resourcing will be required to ensure that this increasing large number of students are provided with the SEN support required.