Changes to SEND Tribunal

Changes to bundles, expert evidence and working documents in the SEND Tribunal

The First-tier Tribunal (Special Educational Needs and Disability), also known as the SEND Tribunal, has issued a Practice Direction, which provides new and very specific rules on expert reports, witness statements and bundles. These rules are effective immediately for any cases with a Hearing date after 15 July 2025. It is important to be aware of these rules and to comply with them, as failure to do so could lead to the Hearing date being postponed at short notice; a parent or young person having their case struck out; or in the case of Local Authorities and Responsible Bodies, they could be barred from participating in the Appeal.

Expert Reports

The SEND Tribunal has always had guidance for experts to comply with, which includes some guidance on report writing. However, the new rules go further than this requiring each expert report to: • Include an executive summary of no more than 2 pages of A4 • Not exceed 15 pages of A4 in total including the executive summary • Be prepared using 12 point font, with numbered paragraphs • Be no more than 3 year old, except in exceptional circumstances

Witness Statements

The new rules are slightly different for witness statements and they require: • All witnesses attending the Hearing who has not written a report, to produce a witness statement which would need to be submitted by the final evidence deadline. • It cannot exceed 10 pages of A4, unless there is good reason for this, and if so an accompanying note explaining why it is longer than 10 pages should be provided. • Be prepared using 12 point font, with numbered paragraphs

Bundles

The previous guidance provided page limits for some of the information submitted by the Parties but this is something that on the whole has not been enforced by the Tribunal. The new rules change this and page limits will apply to all documents submitted to the Tribunal. These vary depending on the type of appeal and where in the bundle certain documents should be placed. These rules apply in addition to the guidance on page numbers for expert reports and witness statements. Unlike the previous bundle page limits which were not enforced, we anticipate that these page limits will be enforced by the SEND Tribunal. If you need to exceed one of the page limits linked to the bundle, expert reports and/ or witness statement you need to seek the Tribunal’s permission via the Request for Change process. The new rules also stipulate how the bundle index is produced and how the documents are ordered within it.

Working Documents

The new rules state that working documents must not exceed 25 pages long. However, some working documents will exceed this limit due to the length of the EHCP, before any amendments are made to it. It therefore may not be possible for this rule to be complied with. Where it is not possible it will be important to apply to the Tribunal to extend the page limit for the working document, explaining why this is needed. The new rules also require the Parties to provide a list of their additions/ deletions that are not agreed with a list of the evidence replied upon, which is separate and in addition to making amendments in the Working Document.

Enforcement

The new rules apply to both SEND and disability discrimination cases in the Tribunal. They also apply to all appeals with a Hearing date after 15 July, including pre-existing appeals. This means they will apply to cases where evidence, witness statements, working documents, and bundles have already been submitted that do not comply with the new rules. It is too soon to know how the Tribunal will manage situations like this, but we hope that they will be reasonable in dealing with any non-compliance issues, for work completed prior to the new rules being issued. The new rules give the Tribunal the power to reject a bundle if it fails to comply with the new rules unless there is an accompanying note explaining why the non-compliance is necessary. I expect that when an accompanying note is provided that the Tribunal would consider the contents of this before then deciding if the reasoning is accepted and if not the bundle could still be rejected. The new rules also permit the Tribunal to take action following any non-compliance. This could include a decision to postpone the Hearing date at short notice; a parent or young person having their case struck out; or in the case of Local Authorities and Responsible Bodies, they could be barred from participating in the Appeal. Should you need assistance with a SEND Tribunal appeal of claim, please contact our specialist education team on 0333 202 7175 or education@hcbgroup.com, who can help provide advice with your Tribunal case, including advice on complying with these new rules.