Working document

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The working document is used in appeals for the content of the EHCP.

It contains the wording of the sections of the EHCP you are appealing. It is used it to show the judge what :

  • which parts you want to change (add or delete)
  • which changes can be agreed
  • which changes yourselves and the LA do not agree on, these will be decided by the judge during the hearing

The more agreement achieved before the hearing, the smoother and shorter the hearing is likely to be.

What may happen 

  1. LA sends you a version 1 of the working document
  2. you make your changes using the tribunal’s formatting key and send back to the LA
  3. LA makes their changes using the key
  4. the working document can be exchanged several times as you both work through what can and cannot be agreed, trying to agree on as much as possible during this part of the process
  5. every time the working document is changed, it needs to be saved with a new version number (eg version 2, version 3 etc)
  6. the final version is sent to the tribunal at least 10 working days before the hearing
  7. you send witnesses a copy of the final document

Key

  • add your proposed changes using the correct formatting: 
    • bold = your proposed amendments
    • bold strikethrough = your proposed deletions
    • italics = LA’s amendments
    • italic strikethrough = LA’s deletions
    • underlined or strikethrough = areas agreed by both parties

Who is responsible?

  • both you and the LA contribute to the working document
  • you ensure your proposed changes are clear and supported by evidence
  • tribunal sets the deadline for final submission

Useful links

IPSEA guidance on working documents 


Documents to keep safe

  • all versions of the working document, ensuring they are correctly numbered in order
  • emails exchanged with the LA
  • evidence referenced in the document
  • tribunal submission confirmation
  • copies sent to witnesses

FAQs

Do I have to agree with the LA’s changes? No — only agree if you feel the proposed wording meets your child’s needs.

Tips

  • use simple, clear wording in your proposed amendments
  • keep every version saved (labelled with the date)
  • don’t worry if not everything is agreed — that’s what the hearing is for
  • refer directly to reports and evidence to support your wording