Practice direction issued on bundles in SEND tribunals

The Courts and Tribunals Judiciary has issued a practice direction to ensure consistency in the preparation of hearing bundles in Special Educational Needs and Disability (SEND) appeals and disability discrimination in schools’ claims.

The Practice Direction, which will apply to all bundles being used in all final hearings listed to take place after 15 July 2025, outlines that in all SEND or disability discrimination cases, it will be for the local authority or responsible body to prepare a tribunal bundle comprising the written evidence to be considered.

It re-establishes and underlines that the respondent local authority or responsible body must prepare bundles for tribunal hearings that comply with the practice direction and its accompanying schedules (Schedule One for SEND appeals or Schedule Two for DD claims).

It warns: “Any bundle that fails to comply with this Practice Direction may be rejected by HMCTS, a Judge or a Legal Officer in advance of the hearing UNLESS there is an accompanying note explaining why non-compliance is necessary.”

The practice direction notes that a failure to comply with any part may result in the listed hearing date for the case being “vacated at short notice”. It may also result in the Tribunal striking out a case or barring a party from participating further in the appeal or claim.

The Judiciary added: “Further, it may result in certain limited circumstances in a costs order.”

The practice direction includes information on the format of the bundle, what the bundle must not contain, the number of pages of evidence permitted, late evidence, missing or disputed evidence, how to submit the bundle, and what to do in the event of an adjourned hearing.

Lottie Winson