(updated to meet new Judiciary Guidance July 26) by SEN Parent Support Group
If you’ve received a SEND45 Case Review form from the First‑tier Tribunal (SEND), you’re at a pivotal point in your child’s appeal. The SEND45 arrives within the bundle after lodging your appeal and serves one purpose: to tell the truth clearly, concisely, and lawfully. It is your opportunity to correct the record, highlight procedural failings, and centre your child’s lived experience without contacting the Local Authority during the tribunal window, as now required under Judicial Directions.
A SEND45 is not a negotiation with the LA. It is a factual, statutory snapshot of the case as it stands. Everything you write must be grounded in evidence already available before the tribunal window opened, because parents are no longer permitted to chase working documents, request updates, or prompt LA engagement until the bundle deadline unless the Tribunal directs otherwise.
What Is the SEND45?
The SEND45 asks the Tribunal to review the status of the appeal and identify what is ready, what is missing, and what remains disputed. It is not a place for emotion, persuasion, or argument. It is a factual record of:
- what evidence exists
- what evidence is still outstanding
- what the LA has or has not completed
- what issues remain unresolved
- what the Tribunal needs to know to progress the case
Your role is to provide clarity, accuracy, and statutory grounding – nothing more, nothing less.
Progress of the Appeal
In this section, describe the current status of the appeal without implying any contact with the LA during the tribunal window. You can reference discussions or attempts at resolution before the window opened, but not after.
Example wording: “Prior to the tribunal window, the LA did not incorporate the EP’s recommendations for specialist placement. These issues remain unresolved and continue to form part of the appeal.”
Focus on what is outstanding, what evidence is missing, and what remains disputed. Keep it factual and avoid commentary about LA responsiveness during the window.
Working Document
This section has changed significantly under the July Judicial Directions.
Parents must not contact the LA during the tribunal window to chase, request, or prompt updates to the working document. Therefore, your SEND45 should simply state:
- whether a working document existed before the tribunal window
- the latest version you have access to
- whether any statutory amendments remain outstanding
- whether the LA completed pre‑window duties
Example wording: “The most recent working document available is Version 4, dated 12 June. No later version has been provided. Statutory amendments required following the EP report remain outstanding.”
This approach is compliant and still evidences LA inaction without breaching communication restrictions.
Headline Issues
List the core issues that remain in dispute. These should be short, factual, and linked to evidence already in the bundle.
Examples:
- Section B does not reflect the child’s cognitive profile or sensory regulation needs.
- Section F does not specify provision with sufficient detail, quantification, or frequency.
- Section I placement remains disputed due to lack of specialist provision.
Avoid narrative or commentary – stick to statutory deficiencies and evidence.
Educational Placement
State the placement you seek and the evidence supporting it. Reference professional reports, not discussions with the LA.
Example: “The EP report dated 4 June recommends a specialist setting with integrated therapeutic support. The LA has not named a suitable placement. The parental preference remains [setting], supported by professional evidence.”
Readiness for Hearing
Explain whether the case is ready and what evidence is still outstanding. This is where you highlight missing statutory duties without implying any contact during the window.
Example: “The case is not yet ready for hearing. The LA has not completed statutory amendments to Sections B and F. The OT report commissioned by the LA has not been provided.”
Timetable Requests
Parents may still request timetable changes but only via the Tribunal and via a SEND 7
Example wording: “Due to outstanding professional evidence and incomplete statutory amendments, additional time may be required. Any timetable adjustments will be requested directly from the Tribunal in accordance with Judicial Directions.”
Representation and Witnesses
List who will represent you and which witnesses you intend to call. Keep it factual.
Example: “Parent represented by [name]. Witnesses: EP, SALT, OT.”
Special Requirements
State any accessibility needs, communication needs, or adjustments required for the hearing.
Example: “The parent requires remote attendance due to caring responsibilities and disability. No additional adjustments requested.”
The SEND45 is not a place to describe attempts to chase the LA, request updates, or prompt action. Under the new Judicial Directions, parents must not contact the LA during the tribunal window. Everything you include must be based on evidence already available and statutory duties already breached.
Your SEND45 should be:
- factual
- concise
- evidence‑based
- compliant with communication restrictions
- focused on statutory duties and unmet needs
- include your 2 page breach log of LA “tactics”
- include your current lawful rewrite of your WDV
For those who are members of our “Access All Areas” subscription within our membership arena then you will benefit from our SENDIST Guardian CRM platform. Membership can be accessed by clicking this link and subscribing, a link to our SENDIST Guardian Platform will be sent automatically to you.
Don’t be afraid of this form it’s not a test, and it’s not about getting the wording “just right.” It’s your opportunity to speak truthfully, document what’s happened, and advocate for what your child genuinely needs. Use it to your advantage: highlight gaps, challenge inaccuracies, and bring your child’s lived experience to the forefront. Remember the end goal—securing lawful, appropriate support—and stay focused on that throughout.
And don’t worry if the working document isn’t perfect yet. It’s called a working document for a reason it can be updated and refined right up until 10 working days before the hearing. If it helps, draft your answers on a separate piece of paper first. Take your time, reflect, and only submit when you feel confident that your voice has been clearly heard. You’ve got this!
Need further support – book a mentor support call to run through your evidence thus far and gain clarity! Book here: Talk to a Mentor | Personal Support for SEN Parents
Further resources that you will find beneficial see below or access our SEND Bible for easy resource recall
VLOG – What does Tribunal look like? – SEN Parent Support Group
TRAINING: CPD Training on SENDIST TRIBUNALS. – SEN Parent Support Group
Working Document’s – HELP!!!! – SEN Parent Support Group
