Q:
In the working document as part of an EHCP Contents Appeal, if I quote from Part C evidence, for example quote from a summary of a My Support Plan within an ADHD report (where the My Support Plan paragraph is clearly labelled), do I need to also include the full My Support Plan in Part C?
Part C evidence page limitations mean that I am trying to keep page count as low as possible as there is other evidence I would like to add.
Another example would be if I am including a previous First Tier Tribunal decision letter in my Part C evidence and then quote from a report that is directly word for word quoted in that letter, do I need to add that report to Part C, in addition to the letter itself?
A: SenseCheck
- 0 Yes
- 0 No
- 1 Other
- 15 Feb 2025
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Other
Simple
Too fact specific, I can't generalise.:
AB
As I am sure you appreciate, we cannot provide specific advice. The relevant details regarding evidence submission, as you likely will already know, can be found here:
As you are probably aware, all evidence submitted by parties should be clearly relevant to the issues under consideration. This often requires discipline in selecting and preparing documents before submission. If a party exceeds the prescribed limit, they should, according to the guidance above, seek permission from the Tribunal to do so.
It seems reasonable to rely on the validity of the contents of a decision from the First-tier Tribunal (FtT) which quotes from another document, as such letters are composed by a Judge. Regarding other sources, it is important to ensure clarity on the evidential basis of any summary documents, particularly if the evidence is likely to be challenged by either party.
Fundamentally, the Tribunal will determine the weight given to any document. If a summary of a document is disputed during a hearing, the party relying on the summary may request permission from the Tribunal to submit the full document on which the summary is based. However, it would be prudent not to depend on this potential option too frequently.
In conclusion, the evidence limitation guidance outlined above is designed to facilitate the efficient conduct of cases, and parties should make every effort to comply with it.
I hope this is helpful, and I look forward to reading any other contributions.
Sean Kennedy.
Sean Kennedy
Talem Law
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2 Comments