A new report from the Senior President of Tribunals has revealed that the SEND legal system has reached a “record-breaking” state of crisis, with 24,000 appeals registered in the last year alone.

The data, contained in the first annual report from Lord Justice Dingemans (published January 2026), highlights a staggering 34% increase in appeals compared to the previous year. This surge has left the First-tier Tribunal struggling to manage an open caseload that now stands at an all-time high of 15,000 active cases.

The “98% Statistic”

Perhaps the most damaging figure for local authorities is the success rate for parents. The report confirms that in cases decided at a hearing, the Tribunal found in favour of parents and young people in 98.3% of cases.

Legal experts and advocacy groups argue that this near-total success rate is proof of a systemic failure in local decision-making. Tania Tirraoro, co-director of Special Needs Jungle, noted: “Local authorities are continuing to force families into the tribunal process even when their legal position is indefensible. This is not just a waste of time—it is a massive waste of public money that should be spent on the children themselves.”

Wait Times and “Paper Hearings”

For families caught in the backlog, the human cost is rising. The average wait time for a hearing has now stretched to over 40 weeks in some regions, effectively leaving children without the correct support for an entire school year.

To combat the delays, the Tribunal has introduced several emergency measures:

• Default Video Hearings: Most hearings now take place online to save travel time and increase the number of daily sessions.
• Short-form Decisions: Judges are now encouraged to issue shorter, more concise rulings to clear the backlog faster.
• Paper-only Decisions: For “Refusal to Assess” cases, the Tribunal is increasingly making decisions based solely on written evidence, which can reduce wait times to roughly 12–16 weeks.

A Financial “Black Hole”

Research from Pro Bono Economics suggests that the cost of defending these lost tribunals has reached a record £100 million per year for local authorities. This includes legal fees, staff time, and the cost of the court service itself. Critics point out that this money could instead fund approximately 10,000 new places in specialist SEN units within mainstream schools.

As the government prepares its Schools White Paper for next month, these statistics are expected to be a central part of the debate. Ministers are under intense pressure to explain why “right first time” decision-making is still failing to materialize a decade after the 2014 SEND reforms.

To help your readers navigate the stressful waters of legal disputes, here is a “Deep Dive” explainer post for notherelong.co.uk.

This post compares Mediation and Tribunals using the most current 2026 data, helping parents decide which path to take.

Mediation vs. Tribunal: Which Path is Right for Your SEND Dispute?

If you’ve received a “Refusal to Assess” letter or a final EHCP you don’t agree with, you are likely facing a major choice: Should you try to settle it in mediation or go straight to a Tribunal?

With Tribunal wait times now reaching 40 weeks and local authorities losing 98% of cases, the decision has never been more critical. Here is everything you need to know about the two options in 2026.

1. Mediation: The “Faster” Alternative

Mediation is an informal meeting between you and the Local Authority (LA), led by an independent mediator.

• The Big Pro: It is fast. Legally, mediation must happen within 30 days of your request.
• The Success Rate: Statistics for early 2026 show that roughly 75% of SEND mediations result in an agreement, potentially saving families nearly a year of waiting for a court date.
• The “Certificate” Rule: For most appeals, you must at least talk to a mediation advisor to get a “Mediation Certificate” before you can register a Tribunal appeal. You don’t have to actually attend a meeting, but you must have the certificate.
  • Exception: If you are only appealing the school named in the plan (Section I), you do not need a certificate and can go straight to Tribunal.

2. The SEND Tribunal: The “Final Word”

The Tribunal is a formal legal process where a judge and a specialist member hear evidence and make a binding decision.

• The Big Pro: It is a “win.” While mediation involves compromise, the Tribunal has the power to order the LA to change the plan, name a specific school, or carry out an assessment.
• The Success Rate: Parents are currently winning over 98% of cases at Tribunal. However, you have to wait for it—current backlogs mean your hearing might not happen for 6–9 months.
• The Cost: While the Tribunal itself is free, many parents feel they need to hire solicitors or expert witnesses (like private Educational Psychologists) to win, which can cost thousands of pounds.

Comparison at a Glance: 2026 Data

Which should you choose?

• Choose Mediation if: You think the LA has just made a simple mistake, or if you are in a rush to get support started and are willing to negotiate on some points.
• Choose Tribunal if: The LA is being completely fixed in their position, or if you are fighting for a specific high-cost independent school that the LA has already said “No” to multiple times.

Top Tip for 2026

Don’t forget that you can do both. You can register your Tribunal appeal to “save your place in the queue” and still attend a mediation meeting. If mediation works, you simply withdraw the appeal. If it doesn’t, you haven’t lost any time.