SEN Appeal Working Document UK: How to Draft It

Overview

A working document is a Word version of the EHC plan that sits at the heart of most SEND appeals touching on the contents of the plan (appeals under section 51 of the Children and Families Act 2014 against sections B, F and I). The Local Authority issues the final plan as a PDF, but for tribunal purposes they are expected to provide an editable Word copy so that both sides can propose changes and track them.

Parents and their representatives mark up proposed amendments, the Local Authority responds with its own proposed changes or counter-proposals, and the live version is updated as positions shift. By the deadline set in the tribunal's case management directions, a final consolidated version showing all outstanding disagreements is filed with the tribunal.

The judge and specialist panel members then use that single document at the hearing to identify exactly what is agreed, what is disputed, and what wording they may need to decide on. It is a practical tool, not a legal form, but the tribunal takes the quality of the document seriously.

Key steps

1. Request the Word version from the Local Authority. Ask the LA case officer for an editable Word copy of the final EHC plan as soon as your appeal is registered. The LA should provide this as part of cooperating with the appeal. If they do not respond or claim they only hold a PDF, raise it promptly because delay here compresses the time you have to draft amendments.
2. Check the tribunal directions and diarise the deadline. The case management directions will set a date by which the working document must be filed. Note that the evidence deadline typically falls earlier. Draft amendments should be informed by the reports you and the LA have filed, so the sequence matters. Missing the working document deadline can prejudice how the tribunal views your case.
3. Draft amendments to Sections B, F and I. Section B sets out the child or young person's special educational needs, Section F records the special educational provision, and Section I names the placement. Make sure each need in Section B has corresponding provision in Section F, and that the provision is specific and quantified (for example, 'one hour per week of 1:1 speech and language therapy delivered by a qualified SLT' rather than 'access to SLT support').
4. Apply the standard formatting key consistently. Tribunals across England have adopted a common colour or formatting key so that anyone reading the document can instantly see who proposed what. Use plain text for original wording, and distinct styles for agreed changes, LA proposals, parent proposals, and proposed deletions. Consistency matters more than any particular colour choice, but most practitioners follow the convention set out below.
5. Exchange, narrow the issues, and file the final version. Send your marked-up document to the LA and ask them to respond with their proposed amendments on the same file. Work through each disputed point to see what can be agreed. Whatever remains in dispute is what the tribunal will decide. File the final consolidated working document by the deadline and bring clean copies to the hearing.

Common questions