SEND Tribunal Paper Hearings: What Are They and When Can They Be Used?

The Special Educational Needs and Disability Tribunal are currently facing significant delays due to staff shortages, judicial availability and a significant increase in the number of formal appeals being lodged.

As a result, we are currently seeing oral hearings being listed for 2028. On the other hand, paper hearings are currently being listed for matters to be concluded prior to the end of 2026. For families facing significant delays before an oral hearing, a paper hearing can sometimes provide a much quicker route to a decision.

What is a paper hearing?

A paper hearing is when an appeal is considered and determined based solely on the written evidence available to the Tribunal. We call this a determination ‘on the papers.’ There is no physical hearing which means that the parents / young person / experts / local authority and indeed lawyers are not in attendance to present their case.

The Tribunal judge and specialist panel members will consider all of the documentary evidence provided to them in a bundle, which is produced by the local authority prior to the hearing date. This will include any expert evidence, school reports and witness statements and any written submissions by the parties. The Tribunal will then issue an Order including their decision.

The Tribunal will need to be satisfied that the matter can be determined on the papers prior to doing so in keeping with the overriding objective. Essentially, the question is not whether a paper hearing would be more convenient but whether it would allow the Tribunal to determine the appeal fairly, justly and on the best available evidence. The Tribunal will not allow a paper hearing if both parties do not agree to one.

Advantages of a paper hearing

As highlighted above, one of the main advantages is that both parties will receive a decision quicker than if the matter was to be heard orally. The hearing itself is also less stressful for the individuals involved, given that they do not have to attend for the day, and will not be questioned by the Tribunal judge and panel members.

It can also prove more cost efficient as the Appellants do not need to pay for lawyers and / or expert witnesses to attend the hearing on their behalf.

Disadvantages of a paper hearing

It goes without saying that one of the main disadvantages is that the Tribunal do not have the opportunity of posing any questions which may assist them in making a decision. In an oral hearing, all expert witnesses have the opportunity of providing oral evidence which provides further depth and clarification on why they are recommending certain provision. A paper hearing does not allow for this.

The evidence has to be carefully prepared and robust in light of the above, and success at a paper hearing relies heavily on having well-prepared written evidence. Any gaps, inconsistencies or unclear arguments are more difficult to overcome due to the fact that there is no opportunity to explain them orally.

When a paper hearing may be appropriate

Refusal to assess appeals

The Tribunal are currently listing all refusal to assess matters as a paper hearing, as the legal framework surrounding this decision is rather clear and therefore less open to interpretation. The threshold for whether a local authority should carry out an Education, Health and Care Needs assessment is also low, which makes the decision making process for the Tribunal more straightforward.

Refusal to issue appeals

In regards to refusal to issue matters, whether this should be heard on the papers will depend on the evidence available and the complexity of the matter. We will always consider whether this is a potential option for our clients, to save on time and costs, but it does need to be considered on a case by case basis.

Full content appeals

Full content appeals almost always benefit from being considered at an oral hearing. A paper hearing is not usually appropriate for these matters as expert witnesses often disagree with the level of provision required and the parental preference placement is often in dispute. It is therefore important that the experts, including school representatives, have the opportunity of providing their views orally through cross examination. It is also helpful for parents or the young person to provide their first hand experiences of the matter in dispute and how it is having an impact on the child / young person.

Final thoughts

Paper hearings are simply an alternative way for the Tribunal to consider an appeal before them. For straightforward matters with strong documentary evidence, they can provide an efficient and less stressful route to a decision. Where issues are more complex however with disputed evidence, an oral hearing will often provide the best opportunity for success.

How we can help

If you have a Tribunal appeal and are unsure if you should request a paper hearing, or if you have any questions in relation to the process generally, our specialist education solicitors can assist with providing you with advice in respect of the steps that should be taken. Please contact our specialist education team on 0333 202 7175 or education@hcbgroup.com.

Tel: 0333 202 7175

Email: education@hcbgroup.com