SEND Tribunal's Updating Practice Directions

As a parent, you may be navigating the SEND Tribunal Appeal process without the support of a legal representative. However, your appeal will be subject to the same Tribunal guidance that legal professionals must now follow.

Although the new changes detailed below have been discussed for several years, the SEND Tribunal will begin enforcing the updated guidance in relation to both Expert Reports and Witness Statements for Final Hearings listed to take place after the 15^th of July 2025.

As parents, it is therefore important that you are not “caught out” by the updating guidance, which may negatively affect your appeal if not followed.

The biggest point to note is that Expert Reports, Witness Statements and Working Documents are now limited in the number of pages that can be filed.

For parents instructing independent professionals to complete assessments (e.g., Educational Psychologist, Speech and Language Therapist, or Occupational Therapist), you will need to confirm to the expert that their report must follow the SEND Tribunals' new practice directions.

For parents gathering witness statements (e.g., from a representative from the parental preference of school who will be attending the Tribunal Hearing as a witness), the statement must also comply with the Practice Directions detailed below. It is important to note that a witness statement must be filed for a professional to attend the Tribunal Hearing as a witness.

A Working Document is the final statement written by the local authority and the parents or young person before they go to a special educational needs (SEN) appeal hearing. It shows changes to the wording of an SEN statement or education, health and care plan that each side wants or can agree on and any issues that the tribunal must decide at the hearing.

To read the updating Practice Directions in full, please follow the link below. Parents will note that the majority of the guidance relates to Bundles. Fortunately, the Local Authority has the duty to produce the Bundle and therefore, to ensure that it is compliant.

https://www.judiciary.uk/wp-content/uploads/2025/04/Practice-Direction-F-tT-HESC-Bundles-in-SEND.pdf

In respect of the guidance which could directly impact a parent’s appeal as discussed above, please see below:

Expert Reports

Expert Reports must comply with the Tribunal’s expert witness guidance found here: https://www.gov.uk/guidance/send-tribunal-if-youre-asked-to-be-a-witness and:

1. include an executive summary of no more than 2 pages of A4,
2. have numbered paragraphs,
3. not exceed 15 pages of A4 including the executive summary,
4. not be more than 3 years old, unless required in exceptional circumstances.
5. professional and expert evidence must be divided into numbered paragraphs and be typed or printed in a font no smaller than 12-point print and legible.

Witness Statements

Witness Statements must also comply with the Tribunal’s guidance, to include:

1. Witness statements must be provided by any person who will give oral evidence as a witness at the hearing who has not provided a written report.
2. Witness statements should be grouped together. The number of pages in a witness statement (exclusive of exhibits) must not exceed 10 pages of A4, unless there is good reason for doing so, in which case an accompanying note must explain why the statement exceeds 10 pages. All statements included in the bundle must be copies of originals that have been signed and dated.
3. Witness statements shall be divided into numbered paragraphs and be typed or printed in a font no smaller than 12-point print and legible.

Working Document

The working document must not exceed 25 pages of A4. The parties must each provide a list of their additions/deletions that are not agreed, with a list of the documentary evidence relied upon.

The Tribunal will not be obliged to deal with any other issue that has not been identified in the working document or Case Review Form.

For further information, guidance or advice on conducting a SEND Tribunal Appeal, please contact Ms Celine Conley further on cconley@watkinssolicitors.co.uk; or telephone the office on 0117 939 0350 and ask to speak to a member of our Education Department.