"The hope you give parents ​is nothing short of a miracle"
[a previous client]

SEND Tribunal Direction on Bundles

Here's a video where Douglas talks about:

 "The Practice Direction On Procedure For
The Preparation Of Bundles In The Special Educational Needs And Disability
And Disability Discrimination In Schools
Jurisdictions Of The Health, Education And Social Care Chamber" 
​ ​(6m 39s) ​ 
(read the transcript below)

​GENERAL OVERVIEW:

This document (which you can read here), issued by Sir Keith Lindblom, Senior President of Tribunals, is the Practice Direction No. 1 of 2025 for preparing bundles in the Special Educational Needs and Disability (SEND) and Disability Discrimination (DD) jurisdictions of the Health, Education, and Social Care Chamber (HESC). ​ It provides detailed guidance on the preparation, format, and submission of hearing bundles for final hearings listed after 15 July 2025. Below is a detailed summary:

​Purpose and Scope:

1.    Objective: To ensure consistency in the preparation of hearing bundles for SEND appeals and DD claims. ​
2.    Applicability: Directed at judicial office holders, professional advisers, representatives, local authority (LA) staff, responsible body (RB) staff, and other interested parties. ​
3.    Supplementary Guidance: Supported by SEND user guides available on GOV.UK and Courts and Tribunals Judiciary websites. ​
4.    Commencement: Applies to hearings listed after 15 July 2025. ​

Key Provisions:

General Principles:

• Responsibility: The LA or RB must prepare the bundle, ensuring compliance with deadlines and legibility of documents. ​
• Format: Bundles must be electronic (PDF format), OCR-enabled (where possible), and word-searchable.
• Indexing: Comprehensive indexing and bookmarking are required for ease of navigation. ​
• Exclusions: Certain documents, such as correspondence, blank forms, duplicates, outdated reports, and non-final versions of EHC plans, must not be included unless directed by the Tribunal.

Sanctions for Non-Compliance: 
​

• Non-compliance may result in:
  • Rejection of the bundle. ​
  • Vacating the hearing date. ​
  • Striking out the case or barring participation. ​
  • Costs orders in limited circumstances. ​

Page Limits:

• SEND Appeals:
  • Core bundle: 100 pages. ​
  • EHC plan and appendices: 150 pages. ​
  • Supplementary evidence: Limits vary by appeal type (e.g., 75–100 pages per party)
• DD Claims:
  • Core bundle: 100 pages. ​
  • Additional evidence: 200 pages per party. ​
  • Supplementary bundle: 100 pages. ​

Late Evidence:

• Late evidence must be submitted electronically with an explanation for the delay. ​ The Tribunal will decide whether to admit it at the hearing. ​

Missing or Disputed Evidence: 
​

• The LA or RB must resolve issues related to missing or disputed evidence. ​ If necessary, a revised bundle must be prepared.

Bundle Preparation Guidelines:

• ​Format
  • File Naming: Include appeal number, child/young person’s name, and hearing date. ​
  • Font and Orientation: Use 12-point font (preferably Arial) and ensure correct page orientation. ​
  • Pagination: Sequential numbering throughout the bundle. ​

Contents:

• SEND Appeals:
  • Core bundle: Includes appeal forms, LA decision letters, Tribunal orders, and case review forms.
  • EHC plan: Includes the plan under appeal and relevant appendices. ​
  • Additional sections: Educational information, placement details, health and social care information, and final working documents.
• DD Claims:
  • Core bundle: Includes claim forms, RB responses, correspondence, and Tribunal orders.
  • Additional evidence: Divided into parent/young person’s evidence, RB’s evidence, and supplementary bundle.

Expert Reports and Witness Statements: 
​

• Expert reports must:
  • Include a 2-page executive summary. ​
  • Be grouped by specialism and arranged chronologically. ​
  • Not exceed 15 pages. ​
  • Witness statements must:
  • Be grouped together. ​
  • Not exceed 10 pages unless justified. ​

Submission and Updates:

• Electronic Submission: Bundles must be uploaded to HMCTS’ Document Upload Centre and shared with the appellant simultaneously. ​
• Adjourned Hearings: Updated bundles must include additional evidence ordered during adjournments and remove outdated documents. ​

Schedules:

Schedule One: SEND Appeals: ​

• Details page limits and required contents for different types of appeals (e.g., refusal to issue an EHC plan, appeals against sections of the EHC plan, etc. ​).
• Provides specific guidance on organizing educational, health, and social care information.

Schedule Two: DD Claims: ​

• Outlines page limits and required contents for claims, including core bundles, parent/young person’s evidence, RB’s evidence, and supplementary bundles. ​

Important Notes:
​

• Bundles must comply with page limits unless accompanied by a note explaining non-compliance.
• The final document in the SEND bundle must be the Case Review Form, which identifies issues for determination by the Tribunal. ​

This Practice Direction aims to streamline the preparation of hearing bundles, reduce unnecessary documentation, and ensure clarity and efficiency in SEND and DD hearings. ​

Further Info:

- What Parents Need To Know
- What Experts Need To Know
- What Witnesses Need To Know
- What Local Authorities Need To Know
- What Parent Representatives Need To Know
- What Schools Need To Know

​T: 020-8349-7700 

E: [email protected]
​
Or: Make An Enquiry Online