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• 01 Nov 2024

• Yes

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  Yes. r.2 EdTW Regs 2021 defines “evidence” as including material of any description recorded in any form. 

  The ETW has a wide discretion on the evidence it considers.It has the power to consider whether or not the evidence would be admissible in a civil trial in England or Wales: r. 28 EdTW Regs 2021.

  The Upper Tribunal has given conflicting decision in relation to the status of what is said by representatives: 

  1. In JS v Worcestershire [2012] UKUT 451 (AAC) para 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.”
  2. In CB v Birmingham [2018] UKUT 13 (AAC) para 22: “Tribunals are not required to distinguish rigidly between information coming from witnesses and representatives”, in respect of the LA’s “confirmation” of the cost of the provision which was set out in an expert report.

  In England, 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) para 48.

  Nodi glossary:  Education Tribunal Wales

  

  Nodi No-nonsense Guide Wales
  Authors: Civitas Law education team

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