Speech and Language Therapy
If speech and language provision remains disputed, evidence from a speech and language therapist may be particularly important.
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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.
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Book on EventbriteWhat Witnesses Might You Need at a SEND Tribunal Hearing?
Beverley Watkins explains why the right witnesses depend on what remains in dispute, from speech and language or occupational therapy provision to the school or college placement being proposed.
Video by Beverley Watkins, Managing Partner at Watkins Solicitors.
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.
Occupational Therapy
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.
Written Evidence May Be Enough
Sometimes a professional report contains enough clear evidence for the Tribunal to understand the professional’s opinion without that person attending.
Oral Evidence May Be Important
In other cases, attendance may be important because the 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 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.
Unsure Which Witnesses You Need for a SEND Tribunal Hearing?
If you are preparing for a hearing and need help deciding which professionals should attend, whether written evidence is enough, or how to deal with a witness who is unavailable, our specialist Education Law team can advise.
Watch the Video and Get Support
The full video, featuring Beverley Watkins answering this parent question, is available above and on our Education Law TikTok channel.
If you are preparing for a SEND Tribunal hearing and are unsure which witnesses you need, our specialist Education Law team is here to help.
You can contact us by emailing education@watkinssolicitors.co.uk or calling 0117 939 0350.
Education Law TikTok
Our Education Law TikTok features short videos from the Watkins Solicitors Education Law team answering common questions about EHCPs, SEND provision, school placements, Annual Reviews and SEND Tribunal appeals.
Follow @watkinssolicitors.sen for practical explanations from our specialist team and to see our latest SEND and Education Law videos.