EHCP Compass · The data
SEND by the numbers — what 2026 data shows
Five recent statistics from authoritative sources that show you're not alone, the system is under strain, and complaints are working. All figures verified June 2026.
The picture in 2026
If you're navigating an EHCP dispute right now, it can feel like you're alone. You're not. These five recent statistics — every one from a primary, authoritative source — paint the bigger picture.
Statistic 1 of 5
Appeals after a refusal to assess
The DfE recorded 5,100 tribunal appeals in 2025 relating to decisions not to carry out an EHC needs assessment, equal to 3.1% of assessment requests. This is one appeal category, not all SEND appeals or an appeal success rate.
What this means for you
- A refusal to assess carries a right of appeal.
- The tribunal must receive an appeal within the applicable official deadline.
- Get individual advice where the decision or deadline is unclear.
Statistic 2 of 5
of detailed Ombudsman investigations are upheld
The Local Government and Social Care Ombudsman reported that it upheld 94% of SEND cases it investigated in 2024–25. This is the rate among investigated SEND cases, not every complaint submitted.
What this means for you
- When you complain to the Ombudsman about a SEND failure, more than 4 in 5 detailed investigations find fault.
- Complaining is worth it.
- You can complain to the Ombudsman after exhausting the council's own complaints process.
Source: LGSCO Annual Report 2024-25.
Statistic 3 of 5
of children with EHCPs are now in mainstream schools
According to the National Foundation for Educational Research, 56% of pupils with EHCPs are now educated in mainstream schools, up from 49% in 2015/16. The variation between primary schools is up to 6 times.
What this means for you
- Mainstream is the norm, not the exception.
- Schools vary enormously. Two schools in the same town can have hugely different SEND populations and approaches.
- Use the new Ofsted Inclusion judgements (introduced November 2025) to compare schools.
Statistic 4 of 5
Teachers say inclusion isn't working in practice
The National Education Union's 2026 survey of 10,311 teachers and 2,996 support staff found:
What this means for you
- 89% say class sizes are too big for proper inclusion
- Only 22% are confident that referrals result in the help needed
- 83% cite insufficient support staff as the top barrier
- 74% point to teacher workload
- 69% identify a lack of specialist services
- Teachers themselves agree the system isn't delivering — powerful evidence if you're challenging "ordinarily available" provision claims. You can cite this data in tribunal appeals and complaints.
Source: NEU State of Education 2026: SEND.
Statistic 5 of 5
SEND children not in school are routinely failing to receive provision
In December 2025, Ofsted and the Care Quality Commission jointly published a thematic review of children with SEND who are not in school. They visited 6 local area partnerships and surveyed over 700 children, parents and practitioners. Their headline: "Too many children with SEND who do not attend school are missing out on the help and support they need from local education, care and health services."
What this means for you
- Powerful, primary-source authority if you're challenging Section 19 or Education Otherwise Than At School (EOTAS) arrangements.
- Children who are not in school still have an EHCP and the LA still has a legal duty to deliver Section F provision.
What you can do with these numbers
The data above isn't just background reading. It's ammunition. Use it:
- Use a statistic only when it is relevant, with its reporting period and denominator
- In complaints to your school's SENCO — cite the 89% NEU survey finding
- In conversations with elected councillors — share the record tribunal numbers
- In your own confidence — you are not the problem, the system has problems
Need help putting it into practice?
- Our Annual Review Copilot helps you prepare evidence-backed challenges
- Our Tribunal Preparation Guide walks through citing data in your Working Document
- Use the language selector for automatic translations; English remains the source for detailed legal content
Last verified: 29 June 2026. All figures sourced from primary publications: HMCTS Tribunal Statistics, LGSCO Annual Report, NFER, NEU, Ofsted-CQC. This is information, not legal advice.