Council FOI Data

£2.4 billion a year — what councils' own SEND data reveals

We FOI'd every English local authority for the SEND figures they don't normally publish — performance, compliance, and (newly) full financial breakdowns. The picture: ~£2.4bn a year spent on independent special school placements, 90% three-year growth, and most placements gained only through Tribunal pressure. Pick your council in the searchable browser at pathway.weaveone.co.uk/blog/council-send-foi-data.

·9 min read

We sent Freedom of Information requests to all 152 English local authorities asking for the SEND figures they don't normally publish — Tribunal concession rates, EP advice timeliness, complaint outcomes, and full cost breakdowns including Tribunal legal spend, independent-placement costs, and average cost per EHCP.

What came back is the clearest picture yet of how much money the SEND system spends fighting parents, and how much it spends placing children at independent specialist schools because local provision can't cope. The browser below has every responding council's own numbers — pick yours, see what they look like.

The national picture — what these FOI responses add up to

~£2.4bn

Estimated annual spend on independent / non-maintained special school placements across England, based on responding councils' average cost extrapolated to the ~45,000 children DfE records in NMI placements (Jan 2025).

£53,055

Weighted average annual cost per NMI placement across the 7 councils with substantive 2024/25 data (3,057 children, £162m total). Hampshire alone reports 1,696 children at £92.8m.

+90%

Three-year growth in NMI children at Sutton (126 → 240). Walsall: +68%. Herefordshire: +149%. Every responding council shows the same upward curve — local provision can't absorb demand.

Are NMI placements bad? No — for a child whose needs can't be met in a mainstream or maintained-special school, an independent specialist placement is usually the right outcome. The concern at the system level is that the volume of placements is growing 18–149% in three years at every responding council, the average cost is £42k–£70k per placement, and a significant share are obtained only through Tribunal challenges. That suggests early intervention and local maintained-special-school capacity have failed, not that independent schools are wrong.

What we're seeing across councils

Six patterns repeat across every council that has responded so far — and the cost data we now hold makes one of them very stark. Read these before picking a council below.

  1. 1Independent / non-maintained placements are the dominant cost driver. Councils with cost data are spending £10m–£18m a year on NMI placements alone, with year-on-year growth between 18% (Bracknell Forest) and 149% (Herefordshire). Average cost per placement is £42k–£70k.
  2. 2Initial refusal decisions don't survive challenge. Concession and reversal rates of 69–100% on refusal-to-assess tribunals are not what a system functioning as designed produces. If your LA refused an assessment, the data says: challenge it.
  3. 3Statutory deadlines are routinely missed. The 6-week deadline for EP advice (Reg 8) and the 15 February / 31 March deadlines for phase-transfer reviews (Reg 18) are legal requirements, not aspirations — and most councils miss them on a substantial share of cases.
  4. 4Tribunal pressure drives placements. Where councils tracked it, a large share of new NMI placements come from Tribunal orders or concessions. Walsall conceded 41 placements in 2025 alone — more than the total LA-initiated.
  5. 5Cease-to-maintain decisions are climbing fast. Walsall: 180 → 586 in three years. Sutton, Bracknell, Herefordshire all showing the same direction of travel. Councils are looking to reduce the EHCP caseload.
  6. 6Selective transparency. Councils tend to refuse the questions they would answer worst on (s.12 cost limit, s.21 publicly accessible) — and don't record information they aren't required to publish, such as whether parent-funded EP reports are accepted.

Browse councils

77 councils published. Search by name or pick from the list below.

Telford & Wrekin Council

FOI reference TWC-85420 · response by Daniel Hyde, Information Governance Team · response date 2026-04-28

What this council's performance data shows

The council reversed 97–100% of refusal-to-assess tribunal appeals in 2023 and 2024 (69% in 2025). Half of statutory EP advice missed the 6-week legal deadline. Zero parent-funded EP reports were accepted in either year.

Refusal-to-assess: tribunal reversals 21/21 (2023), 34/35 (2024), 20/29 (2025). Mediation challenges more than doubled — 31 → 56 → 72.
EP timeliness: 35% on time in 2024 (114 of 328), 51% in 2025 (213 of 421). Longest delay 10 weeks (2024), 9 weeks (2025).
EP source: 0 parent-funded reports accepted to meet the Reg 6(1)(d) duty in either year. External LA-commissioned EPs handled 52–54%.
SEND complaints: Stage 2 upheld 8 of 10 escalations in 2024 (80%) and 10 of 15 in 2025 (67%) — Stage 1 upholds were lower at 48% / 39%.
LGSCO: 1 → 1 → 4 findings against the LA; financial remedies £0 → £1,500 → £3,300.
Tribunals: 68 → 98 → 123 appeals lodged. Concession rate fell from 53% to 20%.
Phase transfer: 100% reported in both years, but the council does not collect raw counts — figures unauditable.

Question 1

Phase-transfer compliance (Reg 18 SEND Regulations 2014)

a) Post-16 transfers — 31 March deadline

YearTo reviewCompleted by deadlineCompliance
2024Not providedNot provided100%
2025Not providedNot provided100%

Council reports percentages only; underlying numerator and denominator not provided.

b) Other phase transfers — 15 February deadline

YearTo reviewCompleted by deadlineCompliance
2024Not providedNot provided100%
2025Not providedNot provided100%

Council reports percentages only; underlying numerator and denominator not provided.

Question 2

Refusal-to-assess decisions: challenges and outcomes

a) and b) Challenges by parents

YearThrough statutory mediationThrough First-tier Tribunal
20233121
20245635
20257229

c) Where the council changed its position and agreed to assess

YearConceded at mediationConceded / appeal allowed at tribunal
2023Not provided21
2024Not provided34
2025Not provided20

d) Average time between original refusal and decision to proceed

Council did not provide: average time between original refusal and decision to proceed following a successful challenge.

Question 3

EP advice timeliness (Reg 8 SEND Regulations — 6-week deadline)

a) and b) Total requests vs returned within 6 weeks

YearTotal EP requestsReturned within 6 weeks% on time
202432811434.8%
202542121350.6%

c) Longest delay (single longest case — outlier)

YearLongest delay
202410 weeks
20259 weeks

Question 4

Provenance of EP advice used to inform EHCPs

a) Does the council record the source of EP advice for each EHCP?

Yes — see breakdown below.

b) Breakdown by source

YearIn-house EPSExternal commissioned by LAParent / family / school-funded
20241772060
20251791950

Question 5

Use of external EPs to provide statutory advice

a) Arrangements in place

Yes (since 2024).

b) In place during 2024 and 2025?

Yes.

c) Requests referred to external EPs

Council did not provide: year-by-year count of requests referred to external EPs.

d) How the decision to commission externally is made

Allocation between internal and external is informed by current workflow and available capacity of the internal EPS — routed reactively rather than triggered automatically by waiting times.

Question 6

SEND corporate complaints

a) Total SEND complaints received

Year (calendar)Complaints received
202444
202538

b) Outcomes — upheld or partially upheld at any stage

Council did not provide: upheld / partially-upheld counts.

Stage breakdown

YearStage 1 upheld / partialEscalated to Stage 2Upheld at Stage 2
202421108
2025151510

Question 7

Local Government and Social Care Ombudsman (LGSCO) decisions

Year (calendar)Decisions / paymentsFinancial remedies recommended
20231£0
20241£1,500
20254£3,300

Question 8

First-tier Tribunal (SEND) appeals and concessions

YearAppeals lodgedConceded before final hearingConcession rate
2023683652.9%
2024982929.6%
20251232520.3%

The hidden cost — Tribunal-forced placements

The biggest cost councils don't publish is what they end up funding under Tribunal pressure. Walsall conceded 41 independent-placement requests at Tribunal in 2025 alone, with the Tribunal directly ordering 3 more. At ~£55,000–£70,000 per placement, that is roughly £2.2m–£2.9m of new annual placement cost for one council, in one year — placements obtained only after parents fought their case. Walsall's own decision-making produced very few new placements in the same period.

If Walsall's concession rate is representative across England's 152 LAs, the national figure for Tribunal-driven independent-placement spend is in the order of £300 million a year. We treat this as an upper-bound estimate from one council's pattern (Walsall is likely at the higher end of the concession distribution); as more councils respond we'll firm it up.

Where each pound goes

One useful piece of context for everything in the browser: the cost stack per child differs enormously between school types.

  • EHCP in a maintained mainstream/special school: ~£10k from the school's own funding + ~£18k LA top-up = ~£28k/year all-in.
  • EHCP at an independent (NMI) day placement: ~£50k–£70k/year, paid directly by the LA.
  • EHCP at an NMI residential placement: ~£80k–£150k/year.

That 2–3× gap is what makes Tribunal-forced placements so expensive on aggregate. For the full breakdown of how each tier is funded — Element 1/2/3, banding matrices, the High Needs Block, and what parents can use this for — see the deeper-dive post:

How EHCPs are actually funded — the £25k-per-child explainer

The three-element funding stack, how LA banding matrices work, what's bundled into 'EHCP provision spend', why NMI placements sit outside the model, and three things parents can use this for.

Read the funding explainer

How the data was gathered

Two coordinated FOI batches went to all 152 English LAs on 16 April 2026. Batch 7528 (SEND Financial Data) asked seven questions on Tribunal legal costs, independent placements, EHCP provision spend, cease-to-maintain decisions, personal budgets, parental school preference and annual reviews. Batch 7529 (SEND Performance, Workforce and Provision) asked eleven questions on phase-transfer compliance, refusal-to-assess outcomes, EP timeliness and provenance, complaints, LGSCO decisions, staffing, EOTAS, independent placements and reduced timetables. Statutory deadline was 15 May 2026.

As of 20 May 2026 — five working days after the statutory deadline — 117 of 300 council-request pairs had returned substantive data; 129 had acknowledged but not yet responded; 9 had not replied at all. 45 councils returned a blanket refusal under s.12 (cost-of-compliance) or s.21 (already publicly available), and a further 42 partially refused while answering the rest. The browser above is updated as each new response lands.

More councils coming

As other local authorities respond to our FOI requests, we will publish each one here in the same format — same questions, same tables, same year-on-year comparisons — so parents can see how their own council compares.

If your council has not yet responded to a similar FOI request and you would like us to send one, get in touch. The data belongs to parents. The law says councils must release it. We are publishing it.

See what your own EHCP says — really

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