LA objection to late evidence. Will it be upheld?

[P2K2]

Hi everyone,

Those lovely people at my LA have objected to some late evidence I submitted for tribunal.

The evidence does not prejudice their case and they have given no reason other than that I had lots of time before the deadline. Does anyone have any experience around how likely tribunal are to accept/ reject?

Thanks,
P2K

hard to say without knowing what it is - but just ask again on the morning of the hearing - usually the clerk will come and ask if there is any late evidence - make sure you take enough copies for everyone. I have managed to get late evidence in on the morning and the fact the LA have had sight of it beforehand makes it a stringer argument for it going in as the LA have already had the opportunity to consider it - ultimately it is up to the judge on the day to decide

My la submitted everything after deadline. They objected to my late evidence but all theirs got in.

The tribunal seems to be reasonably relaxed about late evidence. Have you explained why it was late?

Thanks for the replies. Yes... I submitted a full explanation of why it was late.

They just seem to have objected for the sake of it... not sure why I am suprised.

Fingers crossed it will get accepted anyway and if not as suggested I will take it on the day and try again.

they can object but like I say it will be down to the judge to decide - I think you may be right and they are just doing it to be awkward

I have been to 3 tribunals and every time the LA has submitted late evidence on the day!!

In a recent annual review meeting the LA rep actually suggested to the parents that they submit late evidence on the day!! He seemed completely oblivious to the fact that timescales exist!!

I would be very surprised if the Judge does not accept it.

The point to make on the day is that this evidence is in the interests of the child involved, which of course is what everyone is there to discuss. There is presumably a reason why it was late (late advice from a professional, late availability of appointments etc) so ensure that you explain a sensible and valid reason with it. We had late evidence as did the LA. The LA had no good reason for theirs (and hadn't even told us they were carrying out a further assessment for DD!) but we didn't object because it didn't actually say anything new and we didn't want to be seen to be difficult and obstructive.

Also, the LA have notice of it, and still have time to consider it and respond to it.

The Tribunal are likely to accept it. Also, the point of the hearing is to understand the child as they are on the day. So if it helps them to do that, and they can hear the case and be fair to both sides, it is unlikely to be a problem.

In my relative's appeal, some evidence emerged in the course of the hearing - a list by the dc - Relative was describing it, and was asked by the panel if she had a copy, so she fished one out. The chair organised a copy for everyone and it went in half way through the afternoon of a one day hearing.

If the Judge won't accept it (and that would be very unlikely), you can refer to it or get one of your witnesses to read from it if it is central to the case, and mention that the other side have seen it, which is why the Judge is unlikely to refuse it, as it is easier for them to write their decision with the information in written form than from their notes about a document that everyone has seen except them.