[2024] UKUT 391 (AAC)

On 7 October 2024, one week after the hearing, the Appellant applied for the late admission of evidence, served on the Upper Tribunal and the Respondent on Friday 4 October 2024. This comprised emails sent between the Appellant and social services on 24 and 25 May 2021.

The application was made in accordance with Rules 2 and 15(2) of the Tribunal Procedure (Upper Tribunal) Rules 2008. It was accepted by the Appellant that the Respondent ought to be given an opportunity to comment on their content and the DBS made no objection to admission of the emails. We have decided to admit the evidence as being just and fair, in accordance with the overriding objective.

There can be no real prejudice arising from the late admission of evidence, which was referred to at the final appeal hearing in general terms, with the view being expressed that the contemporaneous documents were likely to be material. Some criticism might be made of the Appellant for failing to produce the emails on an earlier occasion but equally the DBS might have obtained this evidence from Children’s Services before making its decision. The late admission is therefore justified in the interests of justice as the evidence is relevant and material to our decision.