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• 14 Feb 2022

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  Yes. Assertions that are made only by representatives cannot be treated as evidence, see e.g. JS v Worcestershire [2012] UKUT 451 (AAC)#20: “It is trite law that submissions are not evidence and if a representative puts forward alleged facts that are not otherwise in evidence, the FTT should elicit how far the facts alleged are within his personal knowledge or based on some other evidence that can be produced. Little, if any, weight should normally be attached to assertions by the representative on instructions where there is no other evidence to back up those instructions.”

  However, see CB v Birmingham [2018] UKUT 13 (AAC)#22 for a seemingly contrary position: “Tribunals are not required to distinguish rigidly between information coming from witnesses and representatives”, in respect of the LA’s “confirmation” that the cost of the provision which was set out in an expert report.

  A school witness cannot be excluded from giving evidence just because they have a financial interest in the school, although it may be a factor that goes to the weight to be given to the evidence: DH & GH v Staffordshire CC [2018] UKUT 49 (AAC)#48.

  Go to Glossary

  

  Noddy 'no-nonsense' Guide
  Authors: David Wolfe QC, Leon Glenister

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