What Witnesses Do I Need at My SEND Tribunal Hearing?

When preparing for a SEND Tribunal hearing, parents often ask which professionals need to attend and whether everyone who has written a report should be called as a witness.

The answer will depend on what is still in dispute.

In a recent video on our Education Law TikTok channel, Beverley Watkins, Managing Partner at Watkins Solicitors, explains how families can think strategically about the witnesses they need.

Focus on the issues that are still disputed

A useful starting point is to look at exactly what the Tribunal still needs to decide.

You do not necessarily need every professional who has ever worked with your child to attend.

Instead, think about which witnesses can give relevant evidence on the points that remain in dispute.

For example, if the dispute is about speech and language provision, evidence from a speech and language therapist may be particularly important.

If occupational therapy remains disputed, an occupational therapist may need to explain why particular provision is required and answer questions about their recommendations.

The Tribunal expects witnesses to give full, frank and independent evidence, including expert witnesses who have been instructed by one of the parties.

What if the school or college placement is disputed?

Where Section I of an EHCP is in dispute, evidence about the proposed placement can be particularly important.

For example, if you are asking for a particular specialist school or college to be named, somebody from that setting may be able to explain:

• How The Setting Would Meet Your Child’s Needs.
• What Support And Staffing Would Be Available.
• How The Provision In Section F Could Be Delivered.
• The Proposed Class Or Peer Group.
• Whether A Place Is Available.

The Government’s SEND Tribunal guidance similarly recognises the importance of evidence from somebody who knows the proposed school where placement is in dispute.

Does everyone who wrote a report need to attend?

Not necessarily.

Sometimes a professional report contains enough clear evidence for the Tribunal to understand the professional’s opinion without that person attending.

In other cases, their attendance may be very important because their recommendations are disputed or the Tribunal is likely to need clarification.

The key question is whether the witness can add something important to the evidence already before the Tribunal.

Tell the Tribunal who will be attending

You must tell the Tribunal about the witnesses you want to attend by the deadline given in your case directions.

The Tribunal can limit the number of witnesses and may refuse unnecessary evidence, so it is important to focus on witnesses who are genuinely relevant to the issues the Tribunal needs to decide.

If a witness you need refuses to attend, it is also possible in some circumstances to ask the Tribunal to issue a witness summons requiring them to attend.

What if a witness becomes unavailable?

Do not leave this until the hearing day.

If an important witness can no longer attend, tell the Tribunal as soon as possible.

Depending on the circumstances, you may need to ask for permission to change the witness, rely on written evidence or request a change to the hearing arrangements or date.

The Tribunal will decide whether a change or adjournment is appropriate.

How can Watkins Solicitors help?

Choosing the right witnesses can make a significant difference to the preparation of a SEND Tribunal appeal, particularly where specialist therapy, provision or school placement remains disputed.

Watkins Solicitors has a specialist, multi-award-winning Education Law team experienced in preparing and representing families in SEND Tribunal proceedings.

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

We can review the outstanding issues in your appeal, consider the professional evidence already available and advise on which witnesses may be important for the hearing.

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 are unsure which witnesses you need, contact our Education Law team on 0117 939 0350 or email education@watkinssolicitors.co.uk.