SEND Tribunal Working Documents: What They Are and How to Prepare Them

Last updated: March 2026

By Stevie Hayes

Quick Answer

A working document is an annotated version of your child's EHC Plan that shows, section by section, what each party agrees, what is disputed, and what amendments are proposed. It is one of the most important documents in your SEND tribunal appeal. The local authority is responsible for preparing the first draft, but parents must engage with it, propose their own amendments, and ensure it accurately reflects the issues in dispute. Getting the working document right can genuinely shape the outcome of your case — it tells the tribunal exactly what it needs to decide.

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What Is a Working Document?

If you are appealing a decision about the contents of your child's EHC Plan — the description of needs in Section B, the provision in Section F, or the placement named in Section I (these are statutory sections of the EHC Plan itself under the Children and Families Act 2014, not parts of the tribunal bundle) — the tribunal will expect both parties to produce a working document. Think of it as the EHC Plan annotated with tracked changes.

The working document sits at the heart of your appeal. It does three things:

1. Identifies areas of agreement — Where the LA and parents agree on the wording of the Plan.
2. Highlights disputes — Where the parties disagree about what the Plan should say.
3. Shows proposed amendments — What each party wants the Plan to say instead.

The tribunal panel uses the working document as its roadmap. Rather than reading through the entire EHC Plan and guessing what is in dispute, they can see at a glance which sections need deciding. A clear working document saves everyone time and focuses the hearing on what actually matters.

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When Is a Working Document Required?

A working document is required in virtually every appeal that challenges the content of an EHC Plan. That includes appeals about:

• Section B — The description of your child's special educational needs
• Section F — The special educational provision to meet those needs
• Section I — The school or educational institution named in the Plan
• Combined appeals — Where multiple sections are disputed

If your appeal is solely about a refusal to assess or a refusal to issue a Plan, a working document is not usually required (because there is no Plan to annotate). Similarly, if the appeal is about a decision to cease to maintain a Plan, the working document is less central — though the tribunal may still direct one.

Typical Directions for Working Documents

The tribunal's case management directions will usually specify:

These deadlines vary. Always check your specific case directions and comply with them — missing a deadline can weaken your position.

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How to Read the LA's Draft

When the local authority sends you the first draft of the working document, do not simply glance at it and assume it is accurate. Read it with care and a critical eye. Here is what to look for.

Check the Existing Text

The working document should reproduce the current EHC Plan text accurately. Compare it against your copy of the Plan. Errors in transcription are surprisingly common, and they can muddy the waters if not corrected.

Understand the Colour Coding

Working documents typically use a colour-coding or formatting system:

• Black text — Existing Plan text that both parties agree should remain
• Red text (or strikethrough) — Text the LA or parent proposes to remove
• Blue or green text — New text proposed by one party
• Highlighted text — Areas of disagreement

There is no single mandated format, so the LA may use a different system. The important thing is that the system is clear and consistent. If it is not, ask for clarification.

Identify What Is Really in Dispute

The LA's draft may mark certain sections as "agreed" when they should not be. For example, the LA might accept the general description of a need but propose weaker provision than your evidence supports. Do not accept language you are unhappy with simply because it appears in the agreed column.

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How to Prepare Your Response

This is where you roll up your sleeves. Preparing your response to the working document is one of the most important things you will do in your appeal.

Step 1: Revisit Your Evidence

Before you start amending the working document, re-read every professional report you have. Your proposed amendments should be grounded in evidence — not in what you hope the Plan will say, but in what the professional evidence supports.

For each proposed change, ask yourself: Which report supports this? Can I point to a specific paragraph?

Step 2: Work Section by Section

Take the working document section by section:

Section B (Needs):

• Does the description of your child's needs match the findings in the professional reports?
• Are any needs missing entirely?
• Is the language specific enough? Vague descriptions like "some difficulty with social communication" are less useful than "significant difficulty understanding non-literal language, resulting in frequent misunderstandings with peers."

Section F (Provision):

• Is the provision specific, detailed, and quantified?
• Does it say who will deliver the provision, how often, and for how long?
• Compare the LA's proposed provision against what your experts recommend. Where there are gaps, propose amendments.

Section I (Placement):

• If you are disputing the named school, your working document should clearly state which school you want named and why.
• Link your placement preference to the provision in Section F — the school must be able to deliver the provision your child needs.

Step 3: Draft Your Amendments

When proposing changes, be specific and precise. The tribunal will need to make an order in clear terms, so vague suggestions are unhelpful.

Poor amendment:

"More speech and language therapy should be provided."

Strong amendment:

"Direct, individual speech and language therapy delivered by a qualified speech and language therapist (or under their supervision) for a minimum of 45 minutes per week during term time, focusing on pragmatic language skills and social communication."

Step 4: Cross-Reference Your Evidence

For every amendment you propose, note which report or piece of evidence supports it. You can include this as a separate column in the working document or as footnotes. This makes it significantly easier for the tribunal to find the evidential basis for your position.

Step 5: Be Honest About Agreement

If you agree with parts of the LA's position, say so. Tribunals appreciate parents who are reasonable and focused. Disputing everything — including points where the LA's wording is adequate — can undermine your credibility on the points that genuinely matter.

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Formatting Your Working Document

Recommended Format

The most effective working documents use a table format with columns:

This format gives the tribunal everything it needs in one place. It is clean, easy to navigate, and avoids ambiguity about what each party is actually asking for.

Practical Formatting Tips

• Use consistent formatting throughout. If the LA uses one style and you use another, the document becomes confusing.
• Number your paragraphs to match the EHC Plan section numbering.
• Keep it legible. Avoid tiny fonts or cramped tables. The tribunal panel needs to read this, often on a screen.
• Include a key at the top of the document explaining your colour coding or formatting conventions.
• Produce it as a PDF for the final bundle, ensuring it is OCR-searchable and bookmarked.

Building your SEND tribunal bundle? BundleCreator.co helps you assemble a compliant, paginated PDF bundle with automatic indexing and bookmarking — so you can focus on getting the working document right rather than wrestling with formatting. Try it free for 14 days.

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Common Mistakes to Avoid

1. Accepting the LA's Draft Without Changes

The LA's first draft is their opening position, not a final document. Accepting it without scrutiny means you are letting the LA frame the dispute.

2. Making Changes Without Evidential Support

Every amendment you propose should be backed by professional evidence. The tribunal decides based on evidence, not aspiration. If you cannot point to a report supporting your proposed wording, reconsider whether the amendment is sustainable.

3. Missing the Deadline

Late working documents cause problems. The tribunal may refuse to accept late amendments, or the panel may not have time to read them properly before the hearing. If you need more time, apply for an extension before the deadline passes.

4. Being Unreasonably Ambitious

Proposing amendments that go far beyond what any professional has recommended can damage your credibility. Be proportionate. Your amendments should reflect what the evidence supports, not what you might ideally want.

5. Ignoring Provision Quantification

One of the most common issues in EHC Plans is vague provision — "regular input from a speech and language therapist" instead of "45 minutes per week of direct therapy." If the LA's working document leaves provision unquantified, challenge it. The SEND Code of Practice (2015) is clear that provision should be specific and quantified.

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How the Tribunal Uses the Working Document

At the hearing, the tribunal judge will use the working document as the agenda. The panel will work through each disputed section, hear evidence and submissions from both sides, and make a decision on the wording.

This means:

• Agreed sections will typically be adopted without discussion.
• Disputed sections will be the focus of the hearing.
• Your proposed amendments are what you are asking the tribunal to order.

If your working document is clear and well-evidenced, the hearing runs smoothly. If it is muddled or incomplete, the panel spends time trying to understand what you are actually asking for — time that would be better spent on your evidence.

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Getting Help

Preparing a working document can feel overwhelming, especially if you are not legally trained. Several organisations offer free or low-cost support:

• IPSEA (Independent Provider of Special Education Advice) — Free legal advice and tribunal support
• SOS!SEN — Free advice and representation for families in England
• Local parent carer forums — Peer support from parents who have been through the process
• SENDIASS (Special Educational Needs and Disabilities Information Advice and Support Service) — Free, impartial advice available in every local authority area

If your case is complex, you may also want to consider instructing a solicitor who specialises in SEN law. Some solicitors offer legal aid for SEND tribunal work.

Ready to put your evidence pack together? The local authority prepares the SEND tribunal bundle itself, but BundleCreator.co takes the stress out of building the evidence pack you send the LA — including the working document within its 25 A4 page limit. Upload your documents and the platform handles pagination, indexing, and formatting automatically, so what arrives at the LA is fit to be included in the bundle straight away. Start your free trial.

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Frequently Asked Questions

Who is responsible for preparing the working document?

The local authority prepares the first draft. Both parties then contribute amendments, and the LA typically produces the final version for inclusion in the hearing bundle. However, you are responsible for ensuring your proposed amendments are included.

What if the LA does not prepare the working document on time?

If the LA misses the deadline for the working document, you can apply to the tribunal for an order directing them to produce it. You can also prepare your own version and submit it, making clear that the LA failed to comply with directions.

Can I include my own proposed wording in the working document?

Absolutely — that is the whole point. The working document should show what each party wants the EHC Plan to say. Your proposed amendments are your opportunity to put your preferred wording before the tribunal.

How detailed should my amendments be?

As detailed as possible. Vague amendments like "more support" are unhelpful. Specify the type of support, who should deliver it, how often, and for how long. The tribunal needs to make a precise order.

Does the working document count towards the page limit?

The working document is typically included in Part One of the bundle (the Core Tribunal Bundle, capped at 100 pages under Practice Direction No. 1 of 2025) rather than counting towards your Parts Three to Seven per-party evidence allowance. However, check your case directions carefully — the tribunal may specify where it sits.

What if we reach agreement on some sections before the hearing?

That is positive and common. Update the working document to reflect the agreement, so the tribunal can focus only on the remaining disputes. Notify the tribunal of any sections that are no longer in issue.

Can I change my position after submitting the working document?

You can apply to amend the working document, but late changes may not be accepted. If your position changes after seeing new evidence, contact the tribunal promptly and explain why you need to amend.

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Stevie Hayes is the founder of BundleCreator.co, helping parents and legal professionals prepare compliant tribunal bundles with automatic pagination, indexing, and bookmarking.