# The Special Educational Needs and Disability Tribunal (General Provisions and Disability Claims Procedure) Regulations 2002, Regulation 33: Late written evidence


(1) At the beginning of the hearing, a party may submit further written evidence which satisfies the conditions set out in paragraph (2) unless the tribunal, after considering any representations from the other party, is of the opinion that it would be contrary to the interests of justice.
(2) The conditions referred to in paragraph (1) are that—
(a) the evidence was not, and could not reasonably have been, available to that party before the end of the case statement period;
(b) a copy of the evidence was sent or delivered to the Secretary of the Tribunal and to the other party without undue delay and, in any event, at least 5 working days before the hearing; and
(c) the extent and form of the evidence is such that, in the opinion of the tribunal, it is not likely to impede the efficient conduct of the hearing.
(3) If paragraph (1) does not apply, the tribunal may give a party permission to submit further written evidence at the hearing if it is of the opinion that—
(a) the case is wholly exceptional; and
(b) unless the evidence is admitted, there is a serious risk of prejudice to the party seeking to rely on it.
(4) Before the hearing the tribunal may refer to copies of evidence sent to the Secretary of the Tribunal under paragraph (2)(b) above for the purpose of considering whether or not it satisfies the conditions in paragraph (2); but if the evidence is not admitted the tribunal shall disregard it in determining the claim.

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Source: https://www.legislation.gov.uk/uksi/2002/1985/regulation/33 (the official version)
Page: https://openlegislation.uk/special-educational-needs-and-disability-tribunal-general-provisions-and-disability-claims-procedure-regulations-2002/regulation-33
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.