Tribunal Ready: Preparing for Your EHCP Appeal Hearing

Your tribunal hearing date has been set. In a few weeks, you’ll be sitting in front of a panel of three people who will decide whether your child gets the educational provision they need. The stakes couldn’t be higher, and the pressure is real.

But here’s the truth that should ease some of that pressure: thorough preparation is the single biggest factor in tribunal success. Families who prepare systematically, organize their evidence meticulously, and practice their testimony win far more often than those who “wing it” on the day.

This guide will take you through everything you need to do to be truly tribunal-ready—from organizing your evidence bundle to preparing your testimony to knowing exactly what to expect on the day.

Step 1: Creating Your Evidence Bundle (6-8 Weeks Before)

Your evidence bundle is the foundation of your case. This is the collection of all documents that support your appeal. Both you and the LA will submit bundles, and the tribunal panel will read these before and during the hearing.

What Goes in Your Evidence Bundle?

Essential Documents (in this order):

1. Index/Contents Page: Numbered list of all documents with page numbers
2. Your appeal registration form: The original form you submitted to tribunal
3. The LA’s decision letter: The decision you’re appealing
4. Current EHCP: All sections, clearly marked if draft or final
5. LA’s response and their evidence: Everything they submitted
6. Your witness statement: Your detailed account (more on this below)
7. Professional reports: All assessments—EP, SALT, OT, medical reports, etc. (most recent first)
8. School evidence: SEN plans, progress data, teacher reports, provision maps
9. Correspondence: Key emails and letters showing attempts to resolve issues
10. Supporting evidence: Tracking logs, work samples, photos, anything that demonstrates needs
11. If appealing school placement: School prospectuses, evidence about why your preferred school meets needs
12. Legal authorities: Any relevant case law or guidance (if appropriate)

Bundle Organization Best Practices

• Number every page consecutively: Page 1, 2, 3… through the entire bundle
• Use dividers with tabs: Clearly marked sections for easy navigation
• Create a detailed index: Document name and page range for everything
• Highlight key passages: Use highlighter to draw attention to critical evidence
• Include a chronology: Timeline of key events on a single page
• Cross-reference in your witness statement: “See page 47 for EP report confirming…”
• Make multiple copies: You need copies for yourself, the panel (usually 3), the LA, and any witnesses

Important: Submit your bundle to the tribunal and the LA within the deadline specified in your case directions (usually 2-4 weeks before the hearing). Late submissions may not be accepted.

Step 2: Writing Your Witness Statement (4-6 Weeks Before)

Your witness statement is arguably the most important document in your bundle. This is where you tell your child’s story, explain their needs, and make your case for why the LA’s decision is wrong.

Witness Statement Structure

Effective Witness Statement Template:

Introduction:

• Who you are (parent/carer)
• Brief overview of your child
• What you’re appealing and what you’re asking the tribunal to order

Your child’s background and diagnosis:

• When concerns first arose
• Diagnostic journey
• Current diagnoses with reference to professional reports

Your child’s needs (detailed):

• Educational needs and how they impact learning
• Social, emotional, and mental health needs
• Communication needs
• Physical/sensory needs
• Self-care and independence needs
• Support each description with specific examples and evidence

Impact on daily life:

• Home life—routines, sleep, meals, family relationships
• School life—what happens during the school day
• Community participation—social activities, clubs, friendships
• After-school regulation—how school impacts evening and weekends

History of support and interventions:

• What has been tried
• What has/hasn’t worked and why
• Evidence that SEN support is insufficient

Why the LA’s decision is wrong:

• Specific points where you disagree with LA
• Evidence supporting your position
• Reference to professional reports that support your case

What provision your child needs:

• Specific, quantified provision you’re asking for
• Why this provision is necessary
• Professional recommendations supporting these provisions

If appealing school placement:

• Why current/LA-named school cannot meet needs
• Why your preferred school can meet needs
• Visits, evidence, specialist resources at preferred school

Conclusion:

• Summary of what you’re asking the tribunal to order
• Your aspirations for your child with appropriate support

Witness Statement Writing Tips

Do:

• Be specific with examples and data
• Cross-reference to evidence in your bundle
• Stay factual and honest
• Show your child as a whole person, not just their difficulties
• Explain technical terms if you use them
• Number paragraphs for easy reference
• Include a statement of truth at the end

Don’t:

• Make personal attacks on individuals
• Include irrelevant information
• Exaggerate or embellish
• Use overly emotional language (though showing emotion is natural and acceptable)
• Include hearsay without clarifying it’s hearsay

Step 3: Preparing Your Expert Witnesses (4-6 Weeks Before)

If you have professional witnesses (educational psychologist, therapist, doctor), they need to be prepared too.

Witness Preparation

• Confirm attendance early: Professionals need notice to block their calendar
• Brief them on the case: Ensure they’ve read the LA’s response and understand what’s being contested
• Prepare a witness statement from them: Written evidence they’ll speak to at tribunal
• Discuss their key points: What are the most important messages they need to convey?
• Practice potential questions: What might the LA ask them? How will they respond?
• Coordinate logistics: When they need to arrive, how long they’ll need to stay, expenses

Step 4: Reviewing the LA’s Case (3-4 Weeks Before)

The LA will submit their own evidence bundle. You must read it thoroughly and prepare responses to their arguments.

Analyzing the LA’s Case

• Identify their main arguments: What are they basing their position on?
• Find weaknesses: Where is their evidence weak, contradictory, or missing?
• Prepare counter-evidence: What evidence do you have that refutes their claims?
• Note any factual errors: Are there mistakes in their bundle you need to correct?
• Identify gaps: What haven’t they addressed that they should have?
• Prepare questions: What questions do you want to ask their witnesses?

Step 5: Preparing Your Testimony (2-3 Weeks Before)

You’ll be giving oral evidence at the tribunal. While you shouldn’t script everything, you should prepare thoroughly.

What to Prepare

Testimony Preparation Steps:

• Create speaking notes: Key points you want to make, organized by topic
• Memorize your bundle: Know where everything is so you can reference it quickly
• Prepare your opening statement: 2-3 minutes summarizing your case (if tribunal asks for opening statements)
• Anticipate questions: What will the tribunal panel ask? What will the LA ask?
• Practice answers to difficult questions: Questions about consistency, contradictions, or controversial points
• Prepare examples: Specific stories that illustrate your child’s needs
• Practice with a friend: Have someone question you and give feedback

Difficult Questions You Might Face

Be Ready to Answer:

• “Your child behaves differently at home than at school. Why should we believe your account?”
• “The school says they can meet your child’s needs with their current resources. Why do you disagree?”
• “This provision you’re asking for is expensive. How do you know it’s necessary?”
• “Your child is making some progress. Why isn’t that sufficient?”
• “Why didn’t you raise these concerns earlier?”
• “Different professionals have different views. Whose view should we accept?”

Step 6: The Week Before: Final Preparations

The week before your hearing is crucial for final preparations and practical arrangements.

Final Week Checklist

Confirm all logistics:

• Venue address and directions (or online link if virtual)
• Hearing start time (arrive 30 minutes early)
• Parking arrangements if in person
• Technology test if virtual hearing

Confirm all attendees:

• Your witnesses know when and where to attend
• Your supporter (if you’re bringing someone) is confirmed
• Childcare is arranged if needed

Pack your hearing bag:

• Multiple copies of your bundle
• Your speaking notes
• Notepad and pens
• Water and snacks
• Tissues
• Phone charger
• Any medications you might need

Prepare emotionally:

• Get adequate sleep the nights before
• Practice self-care and stress management
• Remember: you’re advocating for your child, and you know them best

The Day of the Hearing: What to Expect

Tribunal day has arrived. Understanding exactly what will happen helps reduce anxiety and allows you to focus on presenting your case.

Timeline of a Typical Hearing Day

• Arrival (30 mins before): Check in, settle in waiting room, meet your witnesses if they’re joining
• Pre-hearing discussion (10-15 mins): Sometimes the panel or clerk will have brief preliminary questions
• Hearing begins: Usually scheduled for 2-3 hours but can run longer
• Introductions (5 mins): Everyone introduces themselves and their role
• Preliminary matters (5-10 mins): Judge clarifies issues, any procedural matters
• Parent evidence (30-60 mins): You give your evidence and are questioned
• Parent’s expert witnesses (if any) (30-45 mins each): They give evidence and are questioned
• Break (15-20 mins): Usually mid-hearing
• LA evidence (30-60 mins): LA officer and/or witnesses give evidence
• LA expert witnesses (if any) (30-45 mins each): They give evidence
• Closing statements (10-15 mins each): Both sides summarize their position
• Panel deliberation: Panel discusses privately (you’ll wait outside)
• Outcome: Sometimes given on the day, usually sent in writing within 1-2 weeks

Tips for Giving Evidence

• Speak clearly and at a moderate pace: The panel needs to follow what you’re saying and may be taking notes
• Look at the panel when speaking: Not just the judge, but all three members
• Answer the question asked: Don’t go off on tangents
• It’s okay to pause and think: Better to think before answering than to ramble
• If you don’t understand a question, ask for clarification: Never guess at what’s being asked
• Stay calm if challenged: The LA may question your account—respond factually, not defensively
• Refer to your bundle: “If you look at page 47, you’ll see the EP report states…”
• Show emotion if you feel it: You’re a parent fighting for your child—genuine emotion is powerful
• Don’t exaggerate: Stick to the facts even under pressure

After the Hearing: What Happens Next

Most tribunals will not give a decision on the day. The panel will deliberate and send their decision in writing, usually within 10 working days (though sometimes it takes longer).

After the Hearing:

• Debrief with your witnesses: Thank them and discuss how it went
• Make notes while fresh: Write down your impressions, what was said, any concerns
• Wait for the written decision: This is legally binding and fully reasoned
• Practice self-care: Tribunal is exhausting—be kind to yourself afterwards
• If you win: The LA must implement the tribunal’s order within specified timescales
• If you lose: You have limited appeal rights (only on points of law to Upper Tribunal)

Common Tribunal Mistakes to Avoid

Don’t Make These Mistakes:

• Submitting evidence late: Stick to deadlines—the panel may refuse late evidence
• Disorganized bundles: If the panel can’t find your evidence, it might as well not exist
• No cross-references: Help the panel navigate between your statement and supporting evidence
• Being unprepared for questions: Practice beforehand
• Getting emotional in an unhelpful way: Anger or hostility toward LA staff weakens your case
• Focusing on blame rather than needs: The panel cares about your child’s needs, not who’s to blame for past mistakes
• Not being specific about what you want: Be clear about exactly what provision/amendments you’re seeking

Final Thoughts: You Can Do This

Tribunal can feel overwhelming, but remember: you are your child’s best advocate. You know them better than anyone else in that room. Your lived experience, combined with thorough preparation and compelling evidence, is powerful.

Thousands of families successfully represent themselves at tribunal every year. The tribunal panel wants to get the decision right—they’re there to hear the evidence and apply the law fairly. With proper preparation, organized evidence, and the confidence that comes from knowing your case inside out, you can present your child’s case effectively.

Trust in your preparation, believe in your case, and remember why you’re doing this—for your child’s future.

Related Resources

• Building Your Appeal Case: Essential Evidence and Expert Reports
• Mediation vs Tribunal: Understanding Your EHCP Appeal Options
• When to Appeal: 5 Red Flags in Your EHCP Offer
• Working with Your Local Authority: Building an EHCP Partnership