Expert Reports for First Tier Tribunal (SEND) Hearings

Created: 19 May 2025

What is an Education, Health and Care Plan?

An Education, Health and Care Plan (EHCP) is a legal document in England and Wales designed to support children and young people up to the age of 25 who live with special educational needs (SEN) or disabilities. The EHCP outlines the individual's needs, the support required to meet those needs, and the desired outcomes across education, health, and social care. An EHCP is tailored to the individual and includes detailed information about the child or young person's strengths, difficulties, and aspirations. It specifies what special educational provision is needed, how it will be delivered, and who is responsible for delivering it. It also include health and social care services if they are deemed necessary to support the individual.

The process of obtaining an EHCP begins with a formal request for an Education, Health and Care needs assessment, usually made by a parent, carer, or school. If the local authority agrees, various professionals such as teachers, educational psychologists, speech and language therapists, occupational therapists and Social Workers contribute assessments and reports. If the assessment confirms that special provision is required, the local authority will draft an EHCP and consult the family before finalising it.

EHCPs are reviewed annually to ensure the plan remains relevant and effective. They are essential for accessing specialised support, such as one-to-one teaching assistants or placement in special schools. The EHCP empowers families and professionals to work collaboratively in supporting the child or young person to reach their full potential in education and beyond.

What is a First-Tier Tribunal (SEND) Hearing?

The First-tier Tribunal (Special Educational Needs and Disability), commonly known as the SEND Tribunal, is a legal body in the UK that hears and resolves disputes between parents or young people and local authorities regarding special educational needs (SEN), disabilities, and related provisions. Its main function is to ensure that children and young people with SEN or disabilities receive the support they are legally entitled to.

The Tribunal deals primarily with appeals about decisions related to Education, Health and Care Plans (EHCPs). This includes disputes over whether an EHCP should be issued, the content of the plan (such as the description of needs or the specified support), or a local authority's refusal to carry out an assessment.

Parents, carers, or young people aged 16 to 25 can appeal to the SEND Tribunal. The process typically involves submitting an appeal form along with evidence, followed by a hearing where both sides present their case. Hearings are usually informal and accessible, and decisions are made by a panel that may include legal and educational experts. The SEND Tribunal plays a vital role in upholding the rights of children and young people with SEN or disabilities. It acts independently of local authorities and ensures that decisions are made fairly, based on evidence and the law. Its aim is to resolve disagreements in a way that promotes the best outcomes for the young person involved.

Expert Reports for the SEND Tribunal

To assist the SEND Tribunal in their decision-making, both parties (the young person or their parents or the parents of children, and the local authority) provide expert evidence to support their position. Educational Psychologists, therapists and Social Workers are amongst the professionals who regularly write expert reports to submit to the SEND Tribunal. Parents and young people usually instruct independent experts to write reports. Expert reports are thorough and a detailed analysis of the experts particular area of expertise. For Social Workers, an assessment of the child or young person's care and support needs informs section D of the EHCP, whilst an analysis of the needs will assist the Independent Social Worker to determine the correct social care provision.

Practice Direction 1 of 2025, published by Courts and Tribunals Judiciary on 22 April 2025 has been introduced. The Practice Direction sets out certain ground rules for the preparation of hearing bundles. It is produced to achieve consistency in the preparation of hearing bundles in Special Educational Needs and Disability (SEND) appeals and Disability Discrimination (DD) in schools’ claims. In relation to expert reports, the following must now be observed:

Expert reports are often complex and therefore fitting everything that should be in the report into 15 sides will be challenging for all experts. There is a danger that vital information will be left out of the report, or experts will write multiple reports or witness statements to comply with the 15 side limit per report and to share all the information required.