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

What Witnesses Need To Know

Here's a video where Douglas talks about:

What Witnesses Need To Know

regarding:

 "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" 
​ ​(3m 16s) ​ 

(read the transcript below)

Witnesses involved in SEND appeals or DD claims need to be aware of the following key requirements outlined in the Practice Direction:

Witness Statements:

Requirement to Provide Statements:

• Witnesses who will give oral evidence at the hearing must provide a written statement if they have not already submitted a report. ​

Content and Structure:

• Statements must be divided into numbered paragraphs for clarity. ​
• Statements must be typed or printed in a font no smaller than 12-point and must be legible. ​

Page Limits:

• Statements must not exceed 10 pages of A4 (exclusive of exhibits), unless there is a good reason for exceeding this limit. ​If the statement exceeds 10 pages, an accompanying note must explain why.​

Signed and Dated:

• All witness statements included in the bundle must be copies of originals that have been signed and dated. ​

Grouping:

• Witness statements should be grouped together in the bundle for ease of reference. ​

Oral Evidence:

Preparation:

• Witnesses should be prepared to provide oral evidence at the hearing, which may involve answering questions from the Tribunal and the parties. ​

Consistency:

• Oral evidence should align with the written statement provided to avoid discrepancies.

Relevance/Focus on Key Issues:

• Witness statements and oral evidence must be directly relevant to the issues in the appeal or claim.
• Avoid including irrelevant or repetitive information. ​

Deadlines:

Submission:

• Witness statements must be submitted by the final evidence deadline to ensure inclusion in the bundle. ​

Late Evidence:

• If a witness statement is submitted late, the Tribunal will decide whether to admit it. ​ An explanation for the delay must be provided. ​

Additional Considerations:

Expert Witness Guidance:

• If the witness is an expert, they must comply with the Tribunal’s expert witness guidance, including formatting and page limits for reports. ​

Role in the Hearing:

• Witnesses may be asked to clarify or expand on their written evidence during the hearing.

​By following these guidelines, witnesses can ensure their evidence is properly presented and contributes effectively to the Tribunal’s decision-making process.

Further Info:

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

​T: 020-8349-7700 

E: [email protected]
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