Swansea v DE: SEND tribunal decision set aside over expert evidence

What was published

The Upper Tribunal allowed the council’s appeal after finding that the Education Tribunal for Wales had not given an educational psychologist a proper opportunity to answer concerns about her evidence and had not adequately explained its rejection of that evidence. The case was remitted.

What this means for other cases

A tribunal challenge requires an evidence schedule that identifies competing professional opinions and the reasons for accepting or rejecting them. This decision concerns the Welsh additional-learning-needs system; it should not be presented as a direct ruling on English EHCP procedure.

What to preserve if you face a similar issue

Keep the original notice or decision, proof of receipt, current deadlines, relevant licences, correspondence and contemporaneous source records. The exact evidence needed depends on the allegation and regulatory procedure. Do not assume another case has the same facts or outcome.

Wolfe & Black was not involved in this matter. This summary is general information about a published source, not an assessment of your case. We are not a firm of solicitors.