Practice Direction No.1 (2025): guidance for experts in the First-Tier tribunal

Whilst all experts appearing in appeals and claims should be familiar with both documents, as well as the pre-existing guidance for witnesses, page 16 of Practice Direction No. 1 of 2025 is of particular importance to experts. It marks a significant change to most experts usual way of working which lacked uniformity resulting in reports that varied wildly from five to 55 pages with an average of about 30 pages. Reports also varied markedly in term of the degree of ease with which key information could be extracted. The overarching emphasis of the Practice Direction is on all parties being more careful, concise, relevant and selective with what is included. The Tribunal is clear that these rules will be enforced. In particular, all experts reports must:

• Include an executive summary of no more than 2 pages of A4;
• Have numbered paragraphs;
• Not exceed 15 pages of A4 including the executive summary;
• Not be more than 3 years old, unless required in exceptional circumstances; and
• Be typed or printed in a font no smaller than 12-point print and legible.

Some experts have felt more like contortionists in recent weeks attempting to squash all they wanted to say into 15 pages and the results, in terms of quality of report, have been quite varied. In the main we consider this change will ultimately be a good thing. An executive summary ensures that all the really key points you wish to make are available to the busy reader in concise form and that those tempted to skip to the conclusion or recommendations do not overlook important content.

There is now a clear impetus for removal of information that is duplicitous or not directly relevant to the key issues to be determined. We have seen some excellent examples of smooth transition into this new way of working and identified the following practical steps experts can take to remain persuasive in 15 pages, as follows:

• Limit your CV to a paragraph including your highest  qualifications, current and most relevant  positions held and professional bodies you belong to. The aim is to let the tribunal panel know you are appropriately qualified and experienced to make the recommendations made and where relevant that you have greater experience and are more credible than your counterpart who may be giving evidence for your opponent.
• Do not summarise evidence contained in other professionals reports instead include a list of documents you have considered. If there is anything you particular agree or disagree with of relevance to the issues to be determined in the appeal or claim mention those when describing the needs or provision you have identified. In many instances the Tribunal will have copies of these other reports to read for themselves.
• Note but do not describe in detail the tests you have carried out during your own assessment what matters is the results and what they mean for the child in terms of their ability to learn and access the school setting.
• Stay in your lane whilst there can be some areas of overlap, it is important that you stick to commenting on areas of need and recommend outcomes and provision within your specific area of expertise. It is perfectly legitimate to simply defer to your colleagues from other disciplines on matters outside of that.
• Do not describe your observations of the child in full or give a verbatim account of conversations with staff or parents. Rather, describe concisely what your assessment consisted of e.g. pre-reading, observation, individual assessments, discussions with school, parents and any third parties. It is of course important to retain detailed notes from your assessment and have them available to you in the hearing. However, in your report you need only use key extracts as examples to evidence a need or concern identified or recommendation made.  
• Bullet points are your friend and are often much easier for readers of your report to work with especially when subsequently transferred into a draft EHC plan or ‘working document’ during an appeal.
• Do proof read to remove unnecessary duplication, you need only say it once to land.

If you have any questions about the topics raised or would like to discuss any legal aspect of your child's education or associated health and social care provision, please do get in touch using the details below.

Erin Smart is an associate in the education law team advising on a wide range of educational issues and specialises in special educational needs, including assisting clients to apply for Education Health and Care needs assessments and EHC plans.