Legal Update: New Practice Direction for SEND Tribunal hearings

On 22 April 2025, the Special Educational Needs and Disability (SEND) Tribunal issued a new Practice Direction for the preparation of hearing bundles in SEND appeals and claims for disability discrimination against schools. The new Practice Direction is set to come into effect for final hearings listed after 15 July 2025. 

The aim of the new Practice Direction is to achieve consistency in the preparation of hearing bundles and to reduce the documentation in proceedings. 

Key changes: What you need to know

It is important to note that whilst it is the responsibility of the Local Authority or Responsible Body to prepare the hearing bundle, the new Practice Direction introduces page limits for key documents and evidence which will impact all parties.  

SEND Appeals 

The core bundle for SEND appeals will be limited to 100 pages. The Education, Health and Care (EHC) Plan and the appendices in Section K will be limited to 150 pages. 

The Working Document will be limited to 25 pages.

Parties can submit evidence subject to specific page count limits depending on the type of SEND appeal. The page limits for the different types of SEND appeals are as follows: 

• A refusal to conduct an EHC needs assessment or reassessment appeal: 75 pages each
• A refusal to issue an EHC plan appeal: 100 pages each
• A Section B and/or Section F appeal: 100 pages each
• A Section I appeal: 75 pages each
• A cease to maintain an EHC plan appeal: 75 pages each.
• Requesting that the SEND Tribunal make a recommendation concerning health/social care as an Extended Appeal: 75 pages each

The new Practice Direction also limits the page count for expert reports and witness statements. 

Expert reports will be limited to 15 pages, including the executive summary. The executive summary must be no more than 2 pages. Witness statements will be limited to 10 pages. 

Expert reports and witness statements must be divided into numbered paragraphs and be typed or printed in a font no smaller than 12-point print.

Disability Discrimination Claims

The core bundle for disability discrimination claims will be limited to 100 pages, and the supplementary bundle will also be limited to 100 pages. Each party can submit evidence, but this is subject to a page limit of 200 pages for each party. 

Failure to comply with the Practice Direction

The new Practice Direction states that a failure to comply may result in the listed hearing date for the case being vacated at short notice. It may also result in the SEND Tribunal striking out the case or barring a party from participating further in the appeal or claim. In certain limited circumstances, a costs order can be made. 

Why does this matter for parents and how can we help?

The Practice Direction demonstrates a new approach for the SEND Tribunal, and the impact on parents remains to be seen.

Parents will now be forced to be very selective with the evidence that they submit to the Tribunal as part of their appeal/claim. However, parents can make an application to seek permission from the SEND Tribunal to submit more evidence than what the Practice Direction permits; they will need a good reason for doing so. We recommend that parents seek advice from a solicitor specialising in SEND law about their appeal. 

Birkett Long has an Education Team comprising of specialist SEND solicitors. The SEND Tribunal process can be difficult to navigate for parents, but we can help.