Evidence

Witness statements at the SEND Tribunal: what are the format rules?

The Tribunal's requirements for witness statements, and why writing one isn't the same as building your case strategy.

Anyone giving oral evidence at a hearing, who hasn't already submitted a written expert report, needs to provide a witness statement instead, an account of relevant events and observations in their own words.

What are the format requirements?

  1. No more than 10 pages of A4, not counting attached exhibits
  2. Signed and dated by the person giving the evidence
  3. Numbered paragraphs, in a legible font
  4. If it needs to run longer, a short note explaining why should accompany it

Is this the same as help writing a persuasive case?

No, this covers format only, not what to say or how to structure your account for effect. That's a separate, more case-specific question, one that touches directly on the line between legal information and legal advice, covered separately here.

Getting the format right is the easy part, working out what to actually include is where most parents feel stuck. SEND Assistant can help you structure a clear, complete account within these rules. Try SEND Assistant free.

Frequently asked questions

Who typically gives a witness statement?

Parents, teachers, SENCOs, or anyone with direct, relevant observations about the child's needs or circumstances.

Do I need a solicitor to write my witness statement?

Not as a legal requirement, though many people choose support in organising one.

What happens if my statement is too long?

A short explanatory note should accompany any statement over the page limit, though keeping within it is generally preferable.

Can I update my witness statement closer to the hearing?

Amendments are possible but should follow the Tribunal's case management directions and deadlines.

Do exhibits count toward the 10-page limit?

No, exhibits (documents or letters attached to the statement) are separate from the page count.

This article is for general information only and does not constitute legal advice. Access to Justice is not a law firm and cannot represent you.

Access to Justice