Tribunals and late evidence rules?

[Jazzy'smum]

Hi all, I was wondering if anyone had any information on the rules for late evidence being accepted? Our tribunal is Wednesday and I have had an email today attached with a whole bunch of evidence the LEA want to admit as evidence, is this allowed?

Thank you for your help in advance.

[whitestar]

Hi, As far as I know there is a cut off one month before the tribunal (16 week deadline),unless it is with the permission of the tribunal, but a couple of day's before is a bit naughty.

[bed32]

There are no formal rules - the tribunal may admit evidence at any time.

 

In deciding whether to admit the evidence they will consider how important it is, and whether is could have been produced earlier.

 

At this stage it is unlikely that e tribunal will admit it automatically but will discuss it during the tribunal itself. If you think it may prejudice your case you can explain then.

 

What is the evidence they are asking to introduce and do you think it is damaging to your case

[bjkmummy]

there is also case law as well which stated that late evidence had to be served 5 working days before the tribunal so they are out of time on that as well. i will try and find the case name for you so that you can quote it - got it somewhere from my tribunal so will go and have a look. technically they should not serve anything once the 4 week before tribuanl deadline has passed but there are probably lots of us where we have experinced the LA try to admit it late.

[Jazzy'smum]

hi all, thank you for the info. mainly it is the reason they wont assses her numeracy is because she is too hard to handle. respite brochure, some pricing and transport details, and emails quite a lot.

[Sally44]

I would advise you contact SEND and ask them yourselves.

 

My understanding is that you can submit late evidence, but the other side can say they don't agree for it to be submitted and then the Panel look at it anyway and decide whether it is relevant or not and if they think it is they allow it to be admitted. That is what they did with us as we admitted late evidence of a diagnosis for my son of an Anxiety Disorder.

 

However IF the late evidence admits that your daughter is "hard to handle" doesn't that go in your favour of seeking a residential placement? Is there any evidence that is damaging to your case?