Building Your Appeal Case: Essential Evidence and Expert Reports

You’ve decided to appeal to SEND tribunal. You’ve registered your appeal, and the wheels are in motion. Now comes the hard part: building your case. The tribunal panel doesn’t know your child. They haven’t witnessed your struggles, your endless advocacy meetings, the tears over homework, the school refusal mornings. They will make their decision based entirely on the evidence you present.

This is why evidence matters so much. A compelling tribunal case isn’t about being the most articulate or having the best legal representative (though those help). It’s about presenting clear, organized, professional evidence that demonstrates beyond doubt that your child’s needs aren’t being met and that the provision you’re requesting is necessary and appropriate.

This comprehensive guide will show you exactly how to build a winning tribunal case, from gathering the right evidence to organizing your bundle to preparing your parent statement. Whether you’re handling the appeal yourself or working with a legal representative, understanding what makes strong evidence is crucial.

Understanding What the Tribunal Wants to See

Before diving into evidence gathering, understand what the tribunal panel is looking for:

The Tribunal Must Determine:

• What are the child’s special educational needs? (Section B of EHCP)
• What special educational provision is necessary to meet those needs? (Section F of EHCP)
• Which setting can meet those needs appropriately? (Section I—school naming)

Your evidence must answer these three questions convincingly. Everything you include should support your case on one or more of these points.

The Five Pillars of Strong Tribunal Evidence

1. Professional Expert Reports

Expert professional reports are the foundation of your case. The tribunal gives significant weight to evidence from qualified professionals:

Essential Professional Reports:

• Educational Psychology Report: Comprehensive assessment of learning profile, cognitive abilities, recommendations for provision
• Specialist Medical Reports: Consultant pediatrician, psychiatrist, or relevant specialist diagnosis and recommendations
• Speech and Language Therapy Assessment: If communication needs are relevant
• Occupational Therapy Assessment: If sensory, motor, or daily living difficulties apply
• Specialist Teacher Assessments: For specific learning difficulties (dyslexia, dyscalculia)

Quality over quantity: One comprehensive, recent EP report is worth more than five outdated or superficial reports. Look for:

• Recency: Ideally within the last year
• Specificity: Detailed, quantified recommendations not vague suggestions
• Educational focus: Clear link between needs identified and educational provision required
• Professional qualification: From appropriately qualified, registered professionals

2. Parent Evidence and Statement

Your parent statement is crucial. You know your child better than anyone. The tribunal wants to hear your voice:

What to Include in Your Parent Statement:

• Developmental history: Brief overview of milestones, early concerns, diagnosis journey
• Current presentation at home: How needs manifest in daily life (specific examples)
• Impact on family: School refusal, anxiety, meltdowns, sibling relationships
• School concerns: What’s not working, specific incidents, lack of progress
• Why current provision is inadequate: Concrete examples with dates and detail
• Why you’re requesting specific provision: Based on professional recommendations and your knowledge of what works
• School visits: If school placement is at issue, describe visits to requested school and why it’s appropriate

Pro tip: Use data not just anecdotes. Instead of “my child often has meltdowns,” say “in the last term, my child had 23 significant meltdowns requiring early pickup, averaging 1.7 per week.”

3. School Evidence and Data

Evidence from school can support your case—or you can use gaps in school records to demonstrate lack of appropriate monitoring:

Useful School Evidence:

• Lack of progress data: Test scores, reading ages, attainment levels showing minimal or no progress
• Behavior logs: Incidents, exclusions, time out of class
• SEN Support Plans/IEPs: What interventions have been tried and whether they’ve worked
• Attendance data: If school refusal or anxiety is an issue
• Teacher observations: Reports describing struggles, accommodations needed
• Correspondence: Emails showing school acknowledging difficulties or requesting additional support

How to obtain: Request these through Subject Access Request (SAR) under GDPR. Schools have one month to comply. Request early in your tribunal process.

4. Comparative Evidence (If Appealing School Naming)

If your appeal involves school placement, you need evidence comparing the named school with your requested school:

• School prospectuses and websites: Showing provision available
• Ofsted reports: Highlighting SEN provision quality
• Visit notes: Your detailed observations from visiting both schools
• Questions and answers: Written responses from schools to your questions about how they’d meet needs
• Staff expertise: Evidence of specialist staff at requested school
• Class sizes: Demonstrating appropriate environment

5. Chronology and Timeline

A clear timeline helps the tribunal understand the history:

• Key diagnosis dates
• When concerns were raised with school/LA
• Assessment dates
• EHCP request and assessment timeline
• Significant incidents or crisis points
• Changes in placement or provision

Organizing Your Tribunal Bundle

The tribunal bundle is the collection of all evidence. Both you and the LA submit bundles. Yours needs to be professional, organized, and easy to navigate:

Standard Bundle Structure:

• Index: Numbered list of all documents with page numbers
• Your Appeal: Original appeal form and grounds
• EHCP and Related: Current EHCP, draft EHCP, any previous versions
• Professional Reports: EP, SALT, OT, medical reports (most recent first)
• School Evidence: Progress data, IEPs, behavior logs, correspondence
• Parent Evidence: Your statement, chronology, incident logs
• School Comparison: (If relevant) Information about requested vs named school
• Correspondence: Key emails, letters with LA/school
• Legal Documents: Mediation certificate, any legal advice

Practical tips:

• Number every page consecutively (bottom right corner)
• Use dividers with tabs between sections
• Include page numbers in your index
• Print double-sided to reduce bulk if possible
• Bind securely but allow pages to turn easily
• Submit copies to tribunal by deadline (usually 2 weeks before hearing)
• Bring spare copy to hearing for yourself

Writing a Compelling Parent Statement

Your parent statement is your voice in the bundle. Make it count:

Structure Your Statement

• Introduction: Who you are, your child’s name and age, purpose of statement
• Early Years: Brief developmental history, when concerns arose
• Diagnosis Journey: How you got diagnosis, what it means
• Current Needs: Detailed description of your child’s needs in all areas
• Home Presentation: How needs manifest at home (specific examples)
• School History: Previous placements, what’s worked and what hasn’t
• Current Provision: What your child currently receives
• Why It’s Inadequate: Specific reasons with evidence and examples
• What You’re Requesting: Clear statement of what provision/placement you want and why
• Conclusion: Summary of why your requested provision is necessary

Writing Style Tips

• Be specific: Use concrete examples with dates and details
• Be factual: Avoid emotional language; stick to observable facts
• Use data: Quantify where possible (number of meltdowns, time taken, frequency)
• Reference evidence: Link to professional reports in your bundle
• Stay focused: Everything should relate to your child’s needs and required provision
• Be honest: Acknowledge what is working as well as what isn’t
• Proofread: Ensure it’s professional and error-free

What NOT to Include

• Personal attacks on school staff or LA officers
• Irrelevant historical grievances
• Overly emotional or dramatic language
• Unsubstantiated claims without evidence
• Information about other children (confidentiality)

Preparing Witnesses

You can call witnesses to give evidence at tribunal. Common witnesses include:

• Educational psychologist: To explain their assessment and recommendations
• Speech therapist or OT: To discuss therapy needs
• Teacher from requested school: To explain how they’d meet needs
• Current teacher/SENCO: (Risky—may be called by LA instead)

Witness preparation:

• Provide them with copy of their report and relevant EHCP sections
• Discuss key points you want them to address
• Prepare them for LA questions
• Ensure they’re familiar with tribunal format
• Confirm attendance well in advance
• Written witness statements should be in bundle

Common Evidence Mistakes to Avoid

Pitfalls to Avoid:

• Overwhelming the panel: Too much evidence is as bad as too little. Be selective.
• Outdated reports: 5-year-old assessments carry little weight
• Poor organization: Messy, unnumbered bundles that are hard to navigate
• Missing deadlines: Late evidence may not be admitted
• No clear ask: Tribunal needs to know exactly what you want
• Ignoring LA case: You need to address their arguments, not just present yours
• Emotional rather than factual: Stick to evidence, not feelings

The LA’s Evidence: What to Expect

The LA will submit their own bundle. Typically includes:

• Their response defending the EHCP as issued
• Assessments they commissioned during EHC needs assessment
• Evidence from named school saying they can meet needs
• Cost comparisons (if school placement disputed)
• Policies and procedures they’ve followed

Your job: Review their evidence carefully. Identify weaknesses in their case. Prepare to address their arguments at hearing.

How Tediverse Supports Evidence Building

Tediverse Tribunal Preparation Features:

• Incident Tracking: Log specific examples of unmet needs with dates and details
• Progress Monitoring: Demonstrate lack of progress with data over time
• Document Organization: Store all professional reports in one accessible place
• Data Visualization: Turn tracking data into professional charts for your bundle
• Timeline Generation: Create chronologies automatically from your logs
• Evidence Reports: Generate professional summary reports for tribunal
• Witness Coordination: Track which professionals you need statements from

Final Thoughts: Evidence Wins Cases

SEND tribunal success isn’t about luck or having the best legal representation. It’s about evidence. Clear, organized, professional evidence that demonstrates:

• Your child has specific special educational needs
• Current provision is inadequate to meet those needs
• The provision you’re requesting is necessary and appropriate

Start gathering evidence early. Don’t wait until two weeks before the hearing to request school records or commission professional assessments. The stronger your evidence, the more likely the LA is to concede before tribunal, saving you the stress of a hearing.

And remember: you don’t need to do this alone. Organizations like IPSEA and SOS SEN offer free guidance. Many parents successfully represent themselves at tribunal with good preparation. Others use legal representatives or case workers. Whatever path you choose, the quality of your evidence will determine your success.

Be thorough. Be organized. Be factual. Present your case with the professionalism and clarity it deserves. Your child is counting on you to get this right.

Related Resources

• EHCP Appeals: How to Challenge Local Authority Decisions
• School Placement Appeals: Fighting for the Right Environment
• Emergency EHCP Applications: When Time Is Critical
• SEN Parent Burnout: Prevention Strategies & Self-Care Guide