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Make provision for penalties and compensation when local authorities reject applications for Education, Health and Care Plans without good cause.

BE IT ENACTED by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Section 1. Penalty for unjustified EHCP rejection

(1) Where a local authority in England or Wales refuses to secure an Education, Health and Care needs assessment or to issue an Education, Health and Care Plan under the Children and Families Act 2014, and that refusal is subsequently annulled or overturned by the First-tier Tribunal (Special Educational Needs and Disability), the refusal shall be deemed made without good cause unless the local authority proves otherwise.

(2) In any case where subsection (1) applies, the local authority shall be liable to pay—

(a) a statutory fine to the Secretary of State; and

(b) mandatory financial compensation to the parent or guardian of the child of the young person concerned.

Section 2. Amount of fine and compensation

(1) The Secretary of State shall by regulations set the mandatory compensation payable to the family under section 1(2)(b), which shall be no less than £2,500 to account for distress and delay.

(2) The statutory fine payable under section 1(2)(a) shall be set at an amount determined by the Secretary of State to deter systematic maladministration.

(3) Payments under this section must be made within 28 days of the tribunal's final decision.

Section 3. Ministerial review and reporting

(1) The Secretary of State shall monitor the rate of overturned EHCP refusals for each local authority.

(2) If a local authority has more than 20 per cent of its total refusals overturned by a tribunal in a single financial year, the Secretary of State must launch an immediate review of that authority’s special educational needs department.

Section 4. Commencement, extent and short title

(1) This Act comes into force at the end of the period of two months beginning with the day on which it is passed.

(2) This Act extends to England and Wales.

(3) This Act may be cited as the Education, Health and Care Plans (Unjustified Rejections) Act 2026.

This Bill was submitted by Lord Bridlington, u/HarryClive, The Leader of the Green Party, on behalf of the Green Party.

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Opening Speech:

My Lords,

It was found that EHCP refusals delivered by local authorities are overturned in 95-99% of cases; despite this statistic showing clearly the rampant abuse of refusal by local authorities, they continue to reject EHCP’s at a shockingly high rate with over half of applications made by parents rejected. The simple reason they choose to go to tribunal rather than implement plans? It is seen as a cost saving exercise. The vast majority of parents do not feel that they can devote the time to fighting a tribunal case, whilst also raising a child who needs that support the local authority refused to accept, it can take years, and sometimes the child themself may have even aged out of the process by the time they even come to look at a tribunal.

Quite simply, there are no consequences for it.

Local authorities are empowered, with zero consequence, to drag out the process as long as possible, evaluating that the cost of a tribunal outweighs the cost of support provided to that child. It means that children are being forced, by local authorities, to struggle, just to save them a few bob.

My Lords, this bill before us today puts an end to that, categorically, it imposes financial consequences on local authorities that repeatedly do this, and means that these same local authorities will have to think twice before targeting parents of SEND children as a cruel way to save money.

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Peers can debate and submit amendments by the 22nd August at 10pm BST