What Should Families Do if a SEND Tribunal Witness Cannot Attend or Is Abroad?

Witnesses can be important in a SEND Tribunal appeal, particularly where a professional needs to explain their recommendations or give evidence about a disputed school or college placement.

But what happens if an important witness cannot attend on the hearing date or will be outside the UK?

In a recent video on our Education Law TikTok channel, Beverley Watkins, Managing Partner at Watkins Solicitors, explains why families should deal with this as early as possible.

How important is the witness to your case?

The first question is how important the witness’s oral evidence is to the issues still in dispute.

For example, if a speech and language therapist’s recommendations form a central part of a dispute about Section F, their attendance may be particularly valuable.

In another case, a clear written report may already contain all the evidence the Tribunal needs.

Consider:

• What Issue The Witness Will Give Evidence About.
• Whether Their Evidence Is Disputed.
• Whether Their Written Report Is Sufficiently Clear.
• Whether The Tribunal Is Likely To Need To Ask Them Questions.
• Whether Another Appropriate Witness Could Address The Same Issue.

What if they cannot attend on the hearing date?

Tell the Tribunal promptly.

You can ask the Tribunal to change arrangements, add or replace a witness or, where necessary, change the hearing date.

However, an adjournment is not automatic simply because a witness is unavailable. The Tribunal will decide whether changing the date is necessary and proportionate.

Current GOV.UK guidance confirms that Form SEND7 can be used to request changes such as a different hearing date or additional witnesses.

If a witness is unwilling rather than simply unavailable, the Tribunal can also issue a witness summons in appropriate circumstances where their attendance is considered essential.

What if the witness will be abroad?

Do not assume that because the hearing is taking place remotely, a witness can simply log in from another country.

Giving live evidence to a UK Tribunal while physically present in another country raises legal and diplomatic issues.

A witness who wants to give oral evidence from abroad must notify the Tribunal and obtain permission. The Tribunal will also need to be satisfied that there is no objection or legal barrier in the country from which the evidence will be given.

Rules differ between countries. In some countries evidence can be given by video if the Tribunal Judge permits it. In others, additional permission is required, and some countries may not permit it at all. The Government maintains country-by-country guidance which was most recently updated in August 2026.

Giving evidence from abroad to UK tribunals: rules by country

Raise overseas evidence as early as possible

If you know that an important witness will be outside the UK on the hearing date, tell the Tribunal as soon as possible.

You should provide:

• The Witness’s Name.
• The Country They Will Be In.
• Why Their Oral Evidence Is Required.
• Why They Cannot Give Evidence From Within The UK.

The Tribunal can then tell you what further steps are required.

Waiting until the hearing day may mean the witness cannot give evidence.

How can Watkins Solicitors help?

Witness difficulties can become particularly stressful close to a SEND Tribunal hearing, especially where a family has relied heavily on specialist professional evidence.

Our multi-award-winning Education Law team can help identify which witnesses are genuinely important, deal with applications to the Tribunal and advise on evidence where a professional is unavailable or based overseas.

Our Education team was named Team of the Year at the Bristol Law Society Awards 2025, with Watkins Solicitors also named Regional Law Firm of the Year.

If an important witness may not be available, early advice gives more time to resolve the problem without jeopardising the preparation of your appeal.

Watch the video and get support

The full video, featuring Beverley Watkins answering this parent question, is available on our Education Law TikTok channel.

If you are preparing for a SEND Tribunal hearing and have concerns about a witness attending, contact our Education Law team on 0117 939 0350 or email education@watkinssolicitors.co.uk.