Evidence sent to Tribunal by an ‘anonymous source’

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  • #38232
    Ozzie Bird
    Participant

    Hi
    I sent a response into the Tribunal a while ago and then a fortnight later some further evidence that came in after I’d sent the response. In the meantime and unknown to me, the Tribunal got some evidence from an unknown and anonymous source.

    As they normally do, they sent out to all parties the late evidence I sent in, but they also grouped the evidence from the anonymous source in with my evidence giving the impression that it had all come from the Council.

    I have pointed out to them that I did not send in half the evidence and they confirmed that they were aware of this and did not mean to give the impression that it had all come from the Council.

    My question is – Can the Tribunal accept evidence that has not been submitted by the respondent or the appellant? The clerk for the Tribunal has told me that the judge was aware that some of the evidence was from an anonymous source when he authorised it’s distribution, but I don’t believe them. I’ve asked them to clarify that that was the case, but just wondered what the experts out there think about a situation like this?
    Regards
    Jenni

    #107730
    nolan1
    Participant

    Not claiming to be an expert, but, in my experience, the merry go round of information forwarded is often like this.

    Have sent further information after initial response plenty of times and had it copied back to me, I guess this is because the instructions given to the clerk is to the effect of “copy to all parties” without considering that one of the parties is likely to have sent it (to The Tribunal Service) anyway!

    Cannot see why “anonymous information” could not be considered as long as all parties, especially judge, know that it was submitted anonymously.

    If you don’t believe the judge knows you could confirm this, even on the day of Tribunal.

    #107735
    Chris Robbins
    Participant

    Hi Jenni,
    My mind boggles a bit at what this anonymous information might be. If it is detrimental to the appellant it makes you wonder how anybody would know where to send it.
    As information has been submitted that is presumably relevant to an appeal it is for a Tribunal Judge to decide whether it is admissable whether it is relevant and what weight to attach to it.
    I am guessing from your post that you have been having fun with the Birmingham call centre as you are reluctant to accept what you have been told.
    While I agree with Nolan’s last sentence I would be inclined (in case there isn’t an oral hearing) to write back pointing out that you did not submit the anonymous evidence. This ensures no possibility of doubt that it may have originated at the council when a Judge does look at the papers.

    #107736
    Ozzie Bird
    Participant

    Your third sentence is interesting and the kind of thing I was hoping someone might say. Yes, I have already written to have it known that I did not send in some of the evidence they’ve just bundled together and I’ve asked them to confirm that the judge was aware that those certain pages were sent in anonymously when he authorised their distribution. I have found that I haven’t been able to rely on the HMCTS for a while now and if I want something done properly have to do it myself.

    #63245
    Anonymous
    Guest

    [quote=Chris Robbins]
    My mind boggles a bit at what this anonymous information might be. [/quote]

    Me too! Any chance you can give us a clue what it is?

    #63248
    Ozzie Bird
    Participant

    Sorry guys, can’t really divulge anything at the moment…

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