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
A witness will attend the hearing with you, to provide verbal evidence on the day and to answer any questions the judge has.
What happens, step-by-step
- you decide who might be a useful witness
- think about who truly understands your child’s needs and can explain them clearly
- 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
- Their statement should follow the correct format and:
- you list witnesses on the case review form (SEND35)
- This tells the tribunal who you want to give evidence
- you may request a witness summons (SEND30)
- only if someone essential is refusing to attend
- 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
- 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
- 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.
How many witnesses can I have? You can usually bring up to three witnesses
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
- More information on .gov website about being a witness