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Form SEND30 Witness Summons UK: How to Apply

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Part ofUK Court & Tribunal Forms

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
If a witness you need for your SEND tribunal appeal is unwilling or unable to confirm they will attend, you can ask the tribunal to compel them. Form SEND30 is the route for making that request. It asks the tribunal to issue a formal summons, which is a direction that the named person must attend the hearing and give evidence. Getting this right matters: witness evidence often shapes how a panel views your case, and a missing witness can weaken an otherwise strong appeal. This guide walks through what the form does, when it makes sense to use it, the information you need to gather, and the practical points to think about before you send it in. It is written for parents, young people and representatives preparing for a First-tier Tribunal (Special Educational Needs and Disability) hearing.

What this document is

A witness summons is an order from the tribunal requiring a named individual to attend a hearing and give evidence. In the SEND tribunal context, it is requested using Form SEND30. Once issued, the document instructs the person to attend and be examined before the panel, and failure to comply without good reason can have serious consequences for the witness.

Most witnesses attend voluntarily when asked politely and given reasonable notice, so a summons is usually a last resort. It tends to come up where a professional, such as a teacher, therapist or local authority officer, has relevant knowledge but has declined to attend, or where an employer will only release someone if formally required to do so.

The tribunal decides whether to grant the summons, so your application needs to show that the witness has something genuinely useful to say, that asking them to attend is reasonable, and that you have already tried to secure their attendance through ordinary means.

How to use this document

  1. Confirm the witness is essential. Before filling in the form, be clear about what the witness will actually say and why the panel needs to hear it. Generic character evidence is rarely enough. The tribunal will want to see that the testimony is relevant to a disputed issue in your appeal, such as a child's needs, provision or placement.
  2. Ask the witness directly first. Write to the person you want to call, explain the hearing date and what you hope they can speak to, and ask whether they will attend voluntarily or give evidence by phone or video link. Keep a copy of this correspondence, because the tribunal will usually expect to see that you have tried this step before compelling attendance.
  3. Complete Form SEND30 carefully. Include your name and role in the appeal, the appeal reference number, and full details of the witness: title, first name, surname, address and occupation. Set out your reasons for the request clearly, explaining what evidence the witness will give and why a summons is needed rather than a voluntary attendance.
  4. Attach supporting material. Include any emails, letters or notes that show you have asked the witness to attend and they have refused or failed to respond. If there is correspondence from an employer or organisation refusing to release the witness, include that too. The stronger the paper trail, the easier it is for the tribunal to grant the request.
  5. Serve the summons in good time. If the tribunal agrees to issue the summons, you will normally need to get it to the witness at least 14 days before the hearing. Build in time for the tribunal to consider your application, for the document to be issued, and for you to deliver it. Leaving this to the last minute is a common reason summonses fail.

Common questions

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Common questions

Q Who can apply for a witness summons in a SEND appeal?
Any party to the appeal can apply. That usually means the parent or young person bringing the appeal, or the local authority responding to it. Representatives acting on behalf of a party can also make the application. The tribunal considers each request on its merits and will only issue a summons where it is satisfied the witness has relevant evidence to give and attendance cannot reasonably be secured another way.
Q Does the tribunal always grant a witness summons if I ask?
No. The tribunal looks at whether the proposed evidence is relevant, whether the witness can realistically attend, and whether you have already tried to get them to come voluntarily. If the panel thinks the evidence is peripheral, duplicates what is already in the papers, or could be obtained in writing, it may refuse. A well-reasoned application that shows genuine necessity has a much better chance of success.
Q What happens if a summoned witness does not turn up?
Ignoring a witness summons is a serious matter and can lead to penalties imposed by the tribunal or the higher courts. In practice, most people who are formally summoned do attend. If a summoned witness fails to appear, the tribunal may adjourn, proceed without them, or take further steps depending on the circumstances. This is one reason the summons itself should make the consequences of non-attendance plain.
Q Can a witness give evidence remotely instead of attending in person?
Yes, in many cases. The tribunal can allow evidence by telephone or video link where that is more practical, for example if the witness lives far from the hearing venue or has other commitments. It is often worth asking a reluctant witness whether they would agree to a remote appearance before applying for a summons, because this can solve the problem without needing a formal order.
Q Is there a fee for applying for a witness summons?
Practice on fees can change, so check the current position on gov.uk or with the tribunal directly before you apply. In many SEND tribunal applications there is no fee for procedural steps of this kind, but you should confirm rather than assume. If a fee does apply, the tribunal will let you know how to pay it and whether any fee remission options are available.
Q How do I actually deliver the summons to the witness?
Once the tribunal issues the summons, you are generally responsible for getting it to the witness. Personal delivery or recorded post are both common methods, and you should keep evidence of delivery. The summons needs to reach the witness at least 14 days before the hearing. Make sure you also give them a sense of practical details such as the start time and venue.
Q Can I withdraw a witness summons if the witness agrees to attend voluntarily?
Yes. If the witness later confirms they will attend without the need for compulsion, you can let the tribunal know and ask for the summons to be treated as no longer needed. This is good practice because it keeps the process proportionate. Make sure you confirm the change in writing and keep the witness informed about the hearing arrangements.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.