The LA has not submitted their evidence to the Tribunal by the due date what can we do?

Parent asks:

We have a tribunal pending and we submitted our evidence by the due date. The LA did not submit but sent email to the Tribunal and us stating technical problems and it would be sent a day later by 5 pm (so a day and a half later). Should we have received a copy when they sent it a day later as I have not received anything from them since now 2 days later? How should I deal with this should I email tribunal regarding it?

ask ipsea

 

IPSEA answers:

In circumstances such as this, the first thing to do is to contact the Tribunal Admin team and let them know that you haven’t received the evidence.

https://www.gov.uk/courts-tribunals/first-tier-tribunal-special-educational-needs-and-disability

When submitting evidence to the Tribunal, parties should always send it to the Tribunal and to the other party at the same time, so if the Tribunal has it then you should have been sent it too.

We’re sure you have done this, but it’s always worth checking the email junk or spam folders.  If your local authority uses an Egress or similar secure system, then they can’t submit information electronically to the Tribunal using such systems but they may send information to you in this way.  If you have any problems accessing such system then contact the local authority and ask them to send the information to you in an accessible way.  (Note that some of these secure systems automatically delete emails after a set period so you may need to download or copy emails and information from such secure systems.)

Evidence received after the deadline is late evidence and the local authority should be seeking permission for it to be admitted.  In circumstances such as this, where there is a technical issue, the Tribunal is likely to permit the evidence to be submitted late.