situation is client is appointee for a child with adhd. i had written to gp and the centre that child attends for child health. a reply from the child health centre was never received and the gp could only direct us to the child centre for further info.

client was not givn any award but i have since received a detailed letter from the child health centre.

what are the chances of getting this set aside on the basis that a document relating to the tribunal was never received?

my request was mentioned in my submission so the tribunal were aware that i had written to the child centre.

Not much, in my opinion. Did you try to ask for an adjournment to allow more time for receiving the evidence?

we were happy to go ahead on the day. client didnt fancy the idea of having the issue dragging on.

I'm thinking - ask for SOR anyway and see if you can get through on some other error then submit evidence if new hearing directed - otherwise submit a new claim as I do not see how you can submit evidence after the hearing.

i have already requested the statement of reasons. chair is generally fairly good with these though so not holding out much hope.

I know one of the grounds for having a decision set aside is that a document was not sent or received on time but i am just wondering if i could include additional evidence under that.

I suppose either way it wont do me any harm to ask.

I see where you are going with this and I read in the commentary in Green Sweet & maxwell (p.531) about R(S) 3/89 about set aside where applicant produced further evidence after the decision which he could not reasonably have been expected to produce earlier. Interesting.
Emma

I would say that if you asked the Child Health Centre for evidence before the tribunal date, and it wasn't received until after the tribunal date, then you have a good case for seeking set aside. I've been successful in the past with this approach. Still lost the reheard appeal though ;-(