The evidence deadline has some flexibility.

If arrangements have been made for a particular assessment beyond that deadline, then you can ask the SEND Tribunal to extend this deadline – which will usually result in a postponement of the hearing.

You need to let the SEND Tribunal know.

The SEND Tribunal will not be happy with a parent or young person who does not tell them about a report which is due after the evidence deadline, particularly when they have known about the delay for some time. Full disclosure should be made to the SEND Tribunal when an assessment is to be carried out, including the date the report is due and any delays encountered.

It is possible to apply for late evidence to be submitted after this deadline, including bringing late evidence on the day. However, it will be up to the SEND Tribunal as to whether or not this should be accepted. In deciding whether to accept your report as late evidence, the SEND Tribunal will consider: 

  • why the evidence was submitted late and whether it could have been submitted earlier, so say why it is being submitted late
  • whether the evidence is relevant, so explain why it is relevant
  • whether the evidence is in dispute, whether it could be offered orally, or other factors, so address these and all relevant factors, and
  • whether it is fair and just to exclude the evidence, so explain why it would not be fair and just to exclude the evidence.

If you need to ask to submit evidence or make further submissions after the final evidence deadline, you should use the Request for Changes form (Form SEND 7) (having sought the LA’s view first). The additional evidence and/or submissions can be submitted alongside the Request for Change form, rather than waiting for a response from the SEND Tribunal, so send it at the same time as your form. If the SEND Tribunal refuses permission the additional evidence will simply be disregarded.