Witnesses and the voice of the child

The tribunal need to hear from the right people and make sure your child’s views are included in the appeal in a way that feels comfortable for them.

Witnesses

Witnesses are people who know your child well and can give helpful information about their needs — for example:

• a teacher or SENCO
• a therapist (SALT, OT, EP)
• a paediatrician or other professional
• someone who sees your child regularly and understands their day to day needs

Voice of the child

This means sharing your child’s thoughts, feelings and experiences in whatever way works best for them — drawings, writing, video, audio or spoken views.
This matters because it ensures the tribunal decision is based on real evidence, real experiences, and your child’s own perspective.

What may happen — step by step

1. you decide who might be a useful witness
   • think about who truly understands your child’s needs and can explain them clearly
2. you ask witnesses to provide a written witness statement
   • Their statement should follow the correct format and:
     • explain who they are
     • how they know your child
     • what they’ve observed
     • why their evidence matters
   • SEND tribunal: if you're asked to be a witness - GOV.UK
3. you list witnesses on the case review form (SEND35)
   • This tells the tribunal who you want to give evidence
4. you may request a witness summons (SEND30)
   • only if someone essential is refusing to attend
5. you help your child share their views
   • This can be:
     • a drawing
     • a written note
     • a video
     • a short recorded message
     • a simple conversation written down
6. you submit all witness statements and child’s views by the evidence deadline
   • Usually 10 working days before the hearing

What you need to do

• think carefully about who knows your child well
• ask them to write a short, factual witness statement
• add all witness names to the SEND35 case review form
• use SEND30 if someone essential refuses to attend
• help your child express their views in a way that suits them
• submit all statements before the deadline

Who is responsible?

• you: choose witnesses, gather statements, support your child to share their views
• tribunal: decides who can give evidence

Documents to keep safe

• witness statements
• completed SEND35 and SEND30 forms
• emails or letters about witnesses
• child’s drawings, videos or written views
• consent forms (if using photo or video evidence)

FAQs

What if I don’t have any witnesses? That’s fine — not all cases need witnesses. The tribunal will use your written evidence.
Can my child speak at the hearing? Yes, if appropriate — or they can share their views in other ways.
What if someone refuses to be a witness? Use the SEND30 form to request a summons. 
What if I miss a deadline? Let the tribunal know immediately.

Tips

• keep statements short and focused
• ask witnesses to only talk about what they personally know
• use drawings or videos to help your child share their views