As a solicitor specialising in Special Educational Needs (SEN), I recently had the privilege of representing a parent in a successful First-Tier Tribunal appeal. The appeal challenged the placement named by the Local Authority in Section I of the child’s Education, Health and Care Plan (EHCP). What made this case particularly compelling, and ultimately successful, was the breadth and depth of additional evidence that the parents submitted. The Tribunal even mentioned some specific wordings from the additional evidence in it’s Judgment. This experience reaffirmed a crucial lesson: in appeals of this nature, supplementary evidence can be the difference between a child being placed in an unsuitable setting and receiving the support they truly need.
Understanding Section I appeals
Section I of an EHCP specifies the educational placement the Local Authority believes is appropriate for the child. Parents may appeal this section if they feel the named school cannot meet their child’s needs. While professional reports and the EHCP itself form the backbone of the appeal, additional evidence can provide a richer, more holistic picture of the child’s needs and the shortcomings of the proposed placement.
Why additional evidence matters
Tribunal panels are tasked with making decisions based on the child’s best interests. They must weigh whether the named placement is suitable and whether an alternative would better meet the child’s needs. Additional evidence helps the panel understand the child’s lived experience, which is often missing from formal reports. It can highlight gaps in provision, demonstrate the child’s progress (or lack thereof), and provide insight into their emotional wellbeing. However, most importantly, it brings a child to life: I always encourage parents to include a picture of their child, as it humanises the proceedings to the Tribunal, who so often are surrounded by words, and it places the child at the centre of everyone’s thoughts throughout the process.
Types of additional evidence that can strengthen an appeal
Here are some examples of the kinds of supplementary evidence that can be invaluable in Section I appeals:
- Independent professional reports
Reports from independent educational psychologists, speech and language therapists, or occupational therapists can offer a fresh perspective. These professionals often spend more time with the child than Local Authority assessors and can provide detailed insights into the child’s needs and the suitability of different placements. However, we recognise that not every parent will have these reports, and not all of them will be necessary. There are other options set out below, which may be more accessible.
- Letters from teachers and support staff
Teachers who work closely with your child can offer practical observations about their learning style, social interactions, and emotional regulation. These letters can also highlight the limitations of the current or proposed setting.
- Statements from club leaders and community figures
Children often reveal different aspects of their personality and needs in extracurricular settings. Letters from club leaders, sports coaches, or youth group organisers can provide valuable context. Furthermore, some children might find appointments distressing or dysregulating, and the people undertaking these appointments, such as a dentist, or a GP, may be willing to write a letter explaining their experience of an appointment with your child which could show a different side to your child’s difficulties.
- Family member statements
Parents, grandparents, and siblings can offer insight into the child’s behaviour at home, their anxieties about school, and their developmental history. These statements can humanise the appeal and provide emotional context.
- Photographs and videos
Visual evidence can be powerful. Photos of the child engaging positively in a suitable environment or struggling in an unsuitable one can speak volumes. However, it is advisable to keep videos short if these are to be submitted.
Best practices for presenting additional evidence
- Ensure relevance: Each piece of evidence should directly relate and refer to the child’s needs and the suitability of the placement.
- Maintain clarity: Organise evidence logically and provide a summary for each item.
- Respect confidentiality: Obtain consent where necessary and redact sensitive information.
- Use a narrative: Tie the evidence together to tell a coherent story about the child’s needs and why the preferred placement is appropriate within your parental statement.
- Include a picture: Remind the Tribunal that at the heart if this process is a child in need of support.
Conclusion
In SEN appeals, especially those concerning Section I of an EHCP, additional evidence is not just helpful—it’s often essential. It bridges the gap between clinical assessments and the child’s day-to-day reality. As solicitors, we must advocate for a comprehensive evidentiary approach that honours the complexity of each child’s needs. By doing so, we empower families and help ensure that every child receives the education they deserve.
If you need assistance with your appeal, or assistance in understanding the types of additional evidence that may assist you with your appeal, or help with obtaining such evidence, please get in touch with one of us in the SEN team here at Fisher Jones Greenwood.
How FJG can help
Our dedicated family law team is here to offer compassionate advice and practical legal solutions. Whether you need help securing protective orders, navigating family home disputes, or ensuring the safety of your children, we are committed to supporting you through this challenging time.
Sam Howlett is a Solicitor in our Family team advising clients in Special Educational Needs law, and a broad range of family matters, including divorce, finances and children cases, as well as having experience in child protection issues and Social Services.
If you have any queries on the above subject, please do not hesitate to get in touch with Sam on 01206 217588 or complete our online enquiry form.