COVID-19 Transition Plans

Remote and in-person hearings

From 1 October 2022 we are entering into phase 2 of our Covid-19 recovery plan.  This means that a form of in-person hearings may take place.  These must take place in the Glasgow Tribunals Centre (GTC), where our sensory hearing suites are located.  This allows us to manage and monitor health and safety.  In a phase 2 in-person hearing, the three tribunal members, the two parties and their representatives and the child or young person (if they are attending) will be present in a hearing room, with witnesses continuing to give their evidence online.  During phase 2, a fully remote hearing, or a hybrid version (with some in-person at the GTC) remains an option.  My guidance on remote hearings can be found here: PGN 02 2020 Remote Hearings and COVID-19

Legal members will consider which type of hearing (phase 2, in-person, remote or hybrid) is suitable during their pre-hearing judicial case management (the case management call) and parties can expect to be asked for their views on this.  My guidance on case management calls can be found here: PGN 06 2018 Case Management Calls

 

I have now issued new guidance on The Child, Young Person and the Tribunal and this can be found here: PGN 01 2021 The Child, Young Person and the Tribunal

 

Documentary Evidence Guidance 

The electronic bundle was developed during the pandemic and this remains in place.  The pilot period for new Documentary Evidence Guidance has now ended.  New Guidance on this can be found here: PGN 01 2022 Documentary Evidence 

Please note that there should be no duplicated documents in the bundle and only relevant documents and parts of those documents should be included

 

Provision for a case to be decided by the legal member without a hearing

There is provision in our rules to allow a case to be decided by the legal member (rules 37 (references) and 83 (claims)) without a hearing.  Should parties wish to proceed on this basis they should request a case conference call.  The list of circumstances in which a reference or claim may be decided without a hearing are listed in rule 37(2) (references) and rule 83(2) (claims).  Most of these reasons are particular and will only apply to certain situations. 

There is a more general reason in the list: in rule 37(2)(d) (references) and rule 83(2)(d) (claims) which is where both parties agree to dispense with a hearing.

Where the legal member decides that no hearing is to take place, the case will be decided on the basis of the key documents lodged (reference/claim form and case statements) as well as any written evidence submitted (rule 37(3) (references) and rule 83(3) (claims)). 

May Dunsmuir
President
Health and Education Chamber

Chamber