How should a school prepare a report for a SEND Tribunal?

For school staff, the priority is not to argue a legal case but to make sure that information about the pupil is accurate, current and useful.

Write for a reader who does not know the pupil

A Tribunal report should identify the author's role, how well they know the pupil, the evidence considered and the period covered. Replace broad phrases such as 'struggles a lot' with examples of tasks, settings, frequency and impact. Explain successful support as well as difficulty. If an opinion goes beyond the writer's direct expertise, make that clear.

Build evidence around the pupil

The most persuasive school information is usually ordinary evidence gathered well: observations across settings, examples of work, attendance where relevant, intervention records, provision actually delivered, pupil and family views, and evidence of progress or continuing difficulty. Context matters. A pupil who succeeds with intensive prompting has demonstrated what they can do with that support; this does not automatically show that the support is unnecessary.

Use dates and describe change over time. Distinguish what was planned from what was delivered. If staffing difficulties meant provision was inconsistent, say so rather than presenting the timetable as proof that it happened. Balanced evidence can include occasions when the pupil managed more independently, because these may help identify the conditions that make success possible.

A worked example

A mainstream school is asked for evidence during an appeal. Instead of sending a long narrative saying that the pupil has “significant needs”, the SENCo provides a short chronology, current attainment and participation information, a record of provision actually delivered and two examples showing the level of adult support required. The report identifies what has improved and what remains difficult. Where the school cannot answer a question about specialist provision, it says so and refers to the relevant professional evidence. The result is a clearer picture of the pupil rather than an argument for one party.

Keep professional boundaries clear

School staff should give evidence within their role and expertise. A SENCo can explain provision and school records; a teacher can describe classroom learning; an educational psychologist can offer assessment-based professional opinion. None needs to answer every question. Where a document contains an error or an opinion has changed because new evidence is available, identify this openly and explain why.

Tribunal proceedings also contain personal information. Use secure school systems, share documents only with those who need them and follow the Tribunal's directions about evidence. Where the school is unsure about a procedural or legal requirement, obtain appropriate advice rather than improvising.

Before you send anything

Check names, dates, factual statements and whether the document clearly separates observation from interpretation. Remove irrelevant personal information about other pupils. Make sure abbreviations are understandable and that the document can be read without knowledge of the school's internal systems. If you refer to another report, give its date and author so it can be found.

Finally, ask whether the evidence helps answer the actual disputed question. More pages do not necessarily create better evidence. A concise, specific account that connects need, provision and impact is often more useful than a large collection of unfiltered records.

What does the statutory guidance tell us?

The SEND Code of Practice explains the statutory EHC assessment and planning framework, while HM Courts & Tribunals Service publishes the current appeal forms and procedural guidance. Tribunal directions in the individual case remain important: they set the deadlines and requirements the parties must follow. This article is therefore a practical school guide, not a substitute for legal advice about a particular appeal.