Expert Reports & Witness Statements as Evidence

Last year the SEND Tribunal put restrictions on expert reports when they will be filed as evidence in SEND Tribunals. These changes are important for families going through the SEND Tribunal process, particularly when expert evidence is being presented. Below, we’ve summarized the key points that are most relevant to parents and the professionals supporting their cases.

Key Guidelines for Expert Reports:

When submitting expert reports, such as those from educational psychologists, speech and language therapists, or other specialists, it's essential to follow the Tribunal's updated rules to ensure your evidence is accepted.

Executive Summary:

Expert reports must include an executive summary at the beginning. This summary should be no longer than 2 pages and provide a clear overview of the main points in the report.

Formatting:

Expert reports must be numbered (using numbered paragraphs) for easy reference.

Reports should not exceed 15 pages, including the executive summary, unless exceptional circumstances require it. If a report is longer than 15 pages, a request must be made to the Tribunal for permission.

Age of Reports:

Expert reports should generally be no more than two years old. Reports older than this may not be accepted unless there’s a good reason for the delay, in which case the Tribunal must be informed.

What Happens if an Expert Report Exceeds 15 Pages?

If an expert report cannot be kept to 15 pages, the legal team or family will need to apply to the SEND Tribunal to request permission to submit an extended report. This will be assessed on a case-by-case basis, so it is important to work closely with your legal team and professionals to ensure all necessary documents are submitted on time and in the correct format.

Link for full experts’ report guidance: https://www.gov.uk/guidance/send-tribunal-if-youre-asked-to-be-a-witness

Witness Statements:

In addition to expert reports, witness statements are required from anyone who will give oral evidence during the hearing but has not already submitted a written report.

Length of Witness Statements:

Witness statements must not exceed 10 pages (excluding any exhibits, such as documents or letters). If a statement is longer than 10 pages, an accompanying note should explain why.

Signature and Date:

Witness statements must be signed and dated by the person giving evidence. Only signed, original copies can be submitted.

Formatting of Statements:

Like expert reports, witness statements must be numbered (using numbered paragraphs) and typed in no smaller than 12-point font. The font must be clear and legible to ensure everyone can easily read the documents.

If you would like to speak with a member of our Education Law team about support for a child or young person, please contact us. We will be happy to help: info@watkinssolicitors.co.uk    0117 939 0350

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