Tribunals decide on evidence. A well-organised, honest bundle with a short submission on top can do more for your case than anything you say on the day.
What counts as evidence
Almost anything relevant can be evidence in the tribunal. The strict rules of evidence used in criminal courts do not apply. The question is how much weight the judge gives it. Evidence carries more weight when it is:
- contemporaneous: made at the time, like a diary entry or a message, rather than written later
- independent: from someone with no stake, like a school or GP
- consistent: it fits with the other evidence
- complete: whole documents and whole message threads, not cut-down extracts
Never edit or “tidy” evidence
Do not alter messages, crop out awkward parts or rewrite a diary. If the other parent produces the full version, your credibility is gone. Include everything relevant, good and bad, and explain it.
Building your bundle
- Collect everything relevant into one folder.
- Choose what matters. Ask of each item: does this help the judge decide one of the issues? If not, leave it out.
- Put it in order. Usually by type (orders, letters, messages, diary) and then by date.
- Number every page. Start your pages with a prefix, for example A1, A2, so they do not clash with the DWP bundle.
- Write an index. Item, date, description, page numbers. Use the evidence index template.
- Don’t repeat what is already in the DWP bundle. Refer to it by page number instead.
- Send copies to the tribunal as directed. The tribunal sends them to the other parties.
Writing a submission
A written submission is your argument in writing. Aim for something a judge can read in ten minutes.
A structure that works
- Introduction. Who you are in the appeal, the decision under appeal and the outcome you want, in three or four lines.
- The issues. The questions the tribunal must answer, for example: “How many nights did each child stay with the appellant in the 12 months from the effective date?”
- The facts. Short numbered paragraphs, each with a page reference to the evidence.
- The law. Only the rules that matter, in plain words, with the regulation number.
- Applying the law to the facts. Why the facts lead to your outcome.
- The response. Answer DWP’s main points briefly.
- What you ask the tribunal to decide. Exactly, including figures and dates.
Short sentences, numbered paragraphs
Number every paragraph so the judge can refer to it. Keep sentences short. Use headings. Put the most important point first. If you include a table, such as night counts by month, keep it to one page.
Chronologies
For any case with history, a one or two page chronology helps: date, event, evidence page. It lets the judge see the sequence at a glance. There is a chronology template.
Witness statements
If someone can give useful first-hand evidence, such as a childminder who sees the arrangements, ask them for a short signed statement. It should say who they are, how they know the facts, what they have seen themselves, and be signed and dated. They can also attend the hearing. There is a witness statement template.
Common questions
How much evidence is too much?
If the judge has to read 300 pages to find 10 that matter, it is too much. Lead with the key documents and put supporting material behind them.
Can I use recordings of phone calls with the CMS?
You can ask the CMS for its recordings through a subject access request. Transcribe the relevant parts with times, and offer the full recording if needed.
Can I submit evidence on the day of the hearing?
Sometimes, but the judge may refuse it or adjourn so others can read it. Send everything in advance.
Sources and law
- Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008, rule 2 (overriding objective) and rule 15 (evidence)
- Child Support Act 1991, section 20(7)(b) (circumstances at the date of the decision)
