First-Tier Tribunal (SEND)
Psychological & Psychiatric Expert Witness Reports
Specialist evidence for SEND Tribunal appeals. Our educational psychologists and child psychiatrists provide comprehensive EHCP assessments, disability discrimination reports, and educational placement recommendations for solicitors and parents challenging Local Authority decisions.
About SEND Tribunal Proceedings
The First-tier Tribunal (Special Educational Needs and Disability) is a specialist tribunal that hears appeals against decisions made by Local Authorities in England regarding children and young people with special educational needs. It also hears claims of disability discrimination against schools.
EHCP Appeals
- Refusal to assess
- Refusal to issue plan
- Section B (Needs)
- Section F (Provision)
Placement Disputes
- Section I (School)
- Mainstream vs Special
- Residential schooling
- Independent placements
Discrimination
- Equality Act 2010
- Reasonable adjustments
- Exclusion challenges
- Access to curriculum
First-Tier Tribunal
- Fact-finding and merits appeal
- Full review of child’s needs
- Hears oral evidence from experts
- Power to order EHCP amendments
Upper Tribunal
- Appeals on Error of Law only
- No new evidence usually accepted
- Focus on procedural fairness
- Binding precedents for lower courts
When SEND Expert Evidence Is Required
Independent expert evidence is frequently instructed in SEND Tribunal proceedings for the following purposes:
Cognitive & Learning Needs
Assessing IQ, processing speed, and executive function to determine the level of support required in Section B of the EHCP.
EHCP Specification
Translating clinical needs into specific, quantified, and non-vague educational provision for Section F of the EHCP.
Neurodevelopmental Profiles
Expert diagnosis and impact assessment of ASD, ADHD, and FASD on a child’s ability to access the curriculum.
Placement Suitability
Evaluating whether a proposed school can meet the child’s needs or if a specialist/independent school is necessary.
Disability Discrimination
Assessing whether a school has failed to make reasonable adjustments or has discriminated against a pupil.
Social Care Recommendations
Extended appeals evidence for Section G and H, addressing the social care needs arising from a child’s disability.
Types of SEND Expert Reports
Educational Psychology
Purpose: Comprehensive assessment of learning, cognition, and emotional needs.
Key Questions: Level of SEN? Specificity of provision? Suitability of current school?
Legal Test: Compliance with SEND Code of Practice 2015 and EHCP requirements.
Child & Adolescent Psychiatry
Purpose: Diagnosis and impact assessment of mental health and neurodevelopmental conditions.
Contents: Clinical history, diagnosis (ASD/ADHD), medication review, impact on education.
Disposals: Recommendations for health and social care sections of EHCP.
EHCP Section F Specification
Purpose: Ensuring educational provision is specific and quantified as per Case Law.
Requirements: Clear statement of hours, frequency, and staff qualifications for support.
Our Role: Expert audit of EHCP draft vs clinical evidence to prevent “vague” provision.
Disability Discrimination
Purpose: Evidence for claims under the Equality Act 2010.
Covers: Definition of disability, impact of school policies, failure to adjust.
Outcome: Expert opinion on whether the school met its statutory duties.
Placement Suitability
Purpose: Assessing Section I of the EHCP regarding school placement.
Covers: Observation of child in school, review of school’s offer, peer group suitability.
Context: Often required when parents seek an independent or residential school.
Need a different report?
Contact Triage TeamTribunal Powers & Outcomes
| Tribunal Order | Description |
|---|---|
| Order to Assess | Compels the LA to carry out an EHC needs assessment |
| Order to Issue Plan | Compels the LA to issue an EHCP following assessment |
| EHCP Amendments | Orders specific changes to Sections B, F, or I |
| Extended Appeals | Recommendations for Health (G) and Social Care (H) |
Which Expert for SEND Tribunal?
Educational Psychologist
Best for Sections B, F, and I
- Cognitive & learning assessments
- Classroom observations
- Specifying educational provision
Why: Specialist focus on how a child learns and the support required in school.
Child Psychiatrist
For Neurodevelopment & Health
- Diagnosis of ASD/ADHD
- Mental health comorbidities
- Extended appeals (Health Section G)
Why: Essential for medical diagnoses and health-based recommendations.
Clinical Psychologist
For Emotional & Trauma Needs
- Trauma-informed assessments
- Emotional regulation profiles
- Therapeutic provision needs
Why: Specialist in the psychological impact of disability and trauma.
Our Process
Urgent Instruction
Contact us with case details — we understand deadlines
Expert Match
We identify available specialist psychologist or psychiatrist
Rapid Assessment
Face-to-face or video assessment (often within days)
Report Delivered
Written report provided to meet court deadline
Court Attendance
Expert available for oral evidence if required
Hospital Liaison
For clinical cases, we assist with health recommendations
Turnaround Times
| Report Type | Standard | Urgent |
|---|---|---|
| Educational Psychology | 4–6 weeks | 2 weeks |
| Psychiatric Assessment | 4–6 weeks | 2 weeks |
| EHCP Audit | 2 weeks | 3–5 days |
| Placement Review | 4 weeks | 1 week |
| Discrimination Report | 6 weeks | 2 weeks |
Funding Options
Legal Aid (LAA)
LAA rates accepted for eligible families. Prior authority support.
Private Funding
Fixed-fee quotes for parents and solicitors. Payment plans available.
Local Authority
Direct instruction from LAs for independent assessments.
Legal Framework
All reports are prepared in compliance with the SEND Tribunal Procedure Rules, focusing on the welfare of the child and the provision of independent, objective evidence to assist the Tribunal.
Frequently Asked Questions
How quickly can you provide a report for a SEND Tribunal appeal?
Tribunal deadlines are strict. Our standard turnaround for educational or psychiatric reports is 4–6 weeks. However, for urgent appeals or where the evidence deadline is approaching, we can often expedite assessments and deliver reports within 2 weeks. Please contact us with your final evidence deadline.
What is the role of an Educational Psychologist in the Tribunal?
The Educational Psychologist is often the lead expert. Their role is to provide an independent assessment of the child’s cognitive ability, learning needs, and emotional barriers to education. Crucially, they specify and quantify the support required in Section F of the EHCP, which the Tribunal can then order the Local Authority to provide.
Can the Tribunal order health or social care provision?
Under “Extended Appeals” (formerly the National Trial), the Tribunal can make non-binding recommendations about health and social care needs (Sections G and H). While non-binding, Local Authorities and Health Bodies are expected to follow them. Expert psychiatric evidence is vital to secure these recommendations.
Do your experts assess for specialist or independent school placements?
Yes. Our experts regularly conduct placement reviews. This involves assessing the child, reviewing the Local Authority’s proposed mainstream school, and evaluating the parent’s preferred specialist or independent school to determine which setting can actually meet the child’s needs.
Will your expert attend the Tribunal hearing?
Yes. Our psychologists and psychiatrists are experienced in giving oral evidence at SEND Tribunal hearings. Most hearings are now conducted via video link, making expert attendance more accessible and cost-effective. We provide separate quotes for hearing attendance.
Can the assessment be done remotely or at home?
For SEND assessments, we prefer to see the child in person, often at home or in their current school setting, to conduct observations and standardized testing. However, some aspects of the assessment (such as parent interviews or history taking) can be done via video link.
What information do you need to start the instruction?
We require the current EHCP (if there is one), the Local Authority’s decision letter, any recent school reports, and previous professional assessments (e.g. from the LA’s educational psychologist or SALT). A clear timeline of the appeal deadlines is also essential.
Do you accept Legal Aid instructions for SEND Tribunals?
Yes, we accept instructions at Legal Aid Agency (LAA) rates where the parents have been granted Legal Aid for the appeal. We can provide the necessary CVs and quotes to support an application for prior authority.
Need an Expert Report for a SEND Tribunal?
Expert educational and psychiatric evidence for EHCP appeals. CVs and quotes in 1 hour. Legal Aid accepted.
