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Procedural matters relating to tribunal hearings

Applications relating to witnesses

Oral evidence in chief

  1. In all MPTS hearing types, witness statements stand as evidence in chief unless the parties have agreed, an MPTS case manager has directed, or the tribunal decides, that a witness is to give oral evidence in chief.11

  2. This is most relevant to AT hearings, where witness evidence is often relied on by the parties. It is rare that witness evidence will be relied on at an IMT hearing as the Rules provide that no person will give oral evidence at an IMT hearing unless the IMT considers such evidence is necessary to discharge its functions.12

  3. In AT hearings, applications for a witness to give oral evidence in chief should be identified during pre-hearing case management with applications being made in advance and determined by an MPTS case manager. To decide the application, the MPTS case manager will apply the Guidance for decision makers, parties and representatives on receiving witness evidence at an AT hearing. Tribunals will be supplied with a copy of the pre-hearing decision, which will form the basis of the arrangements the parties have made for that witness’ evidence and must read this.

  4. By exception, tribunals may need to consider an application for a witness to give oral evidence in chief if a party has failed to make a pre-hearing application or if their position unexpectedly changes shortly prior to the hearing. Where this arises, tribunals should refer to the relevant guidance in Part B of this section.

Remote evidence

  1. The ability to give evidence remotely is most relevant to AT hearings, where witness evidence is often relied on by the parties. It is rare that witness evidence will be relied on at an IMT hearing as the Rules provide that no person will give oral evidence at an IMT hearing unless the IMT consider such evidence is necessary to discharge its functions.13

  2. In AT hearings, the need for any witness to give evidence remotely, such as by telephone or video link, should be identified during pre-hearing case management with applications being made in advance and determined by an MPTS case manager. To decide the application the MPTS case manager will apply the Guidance for decision makers, parties and representatives on receiving witness evidence at an AT hearing. Tribunals will be supplied with a copy of the pre-hearing decision, which will form the basis of the arrangements the parties have made for that witness’ evidence and must read this.

  3. By exception, tribunals may need to consider remote evidence applications if a party has failed to make a pre-hearing application or if their position unexpectedly changes shortly prior to the hearing. Where this arises, tribunals should refer to the relevant guidance in Part B of this section.

Vulnerable witnesses

  1. Certain witnesses may, if the quality of their evidence is likely to be affected, be treated as vulnerable.

  2. Any witness, where the allegation against the practitioner is of a sexual nature or relates to domestic abuse, and the witness was the alleged victim, must be treated as vulnerable.14

  3. The MPTS case manager may direct that a witness be treated as a vulnerable witness for some other reason, taking into account the interests of the witness and all the circumstances of a case or matter to be determined.15  Either party may also apply for a witness to be treated as a vulnerable witness and for special measures to be used to ensure the tribunal can receive their best evidence. The following individuals may be treated as vulnerable:
    • any witness under the age of 18 at the time of the hearing
    • any witness with a mental disorder within the meaning of the Mental Health Act 1983
    • any witness who is significantly impaired in relation to intelligence and social functioning
    • any witness with physical disabilities who requires assistance to give evidence
    • any witness who complains of intimidation, and
    • any witness who is vulnerable for some other reason, taking into account the interests of the witness and all the circumstances of a case or matter to be determined.
  1. The above provisions do not apply where a witness confirms they do not wish to be treated as a vulnerable witness.16

  2. This provision is most relevant to AT hearings, where witness evidence is often relied on by the parties. It is rare that witness evidence will be relied on at an IMT hearing as the Rules provide that no person will give oral evidence at an IMT hearing unless the IMT consider such evidence is necessary to discharge its functions.17

  3. In AT hearings, vulnerable witness applications should be identified during pre-hearing case management with applications being made in advance and determined by the MPTS case manager. To decide the application the MPTS case manager will apply the Guidance for decision makers, parties and representatives on receiving witness evidence at an AT hearing. Tribunals will be supplied with a copy of the pre-hearing decision, which will form the basis of the arrangements the parties have made for that witness’ evidence and must read this.

  4. By exception, tribunals may need to consider vulnerable witness applications if a witness’ potential vulnerability was not known to parties ahead of the hearing, or if the special measure required for best evidence unexpectedly changes during the hearing. Where this arises, tribunals should refer to the relevant guidance in Part B of this section.

  5. Where a witness is not treated as vulnerable, there may still be circumstances in which additional support or measures could help them participate effectively in the hearing. Where this is relevant, adjustments can be considered.

Adjustments for witnesses

  1. If a witness requires any adjustments these should be raised with the MPTS by the parties in advance of the hearing. Adjustments could include the frequency of breaks, physical adjustments or the use of an interpreter.

  2. For AT hearings the need for adjustments should be raised during the case management process. Any reasonable adjustments that have been notified to the MPTS Case Management team will be set out in the case management records shared with the tribunal and the tribunal should ensure these are followed.

  3. When considering the application the MPTS case manager will apply the Guidance for decision makers, parties and representatives on receiving witness evidence at an AT hearing.

  4. For all types of hearings, it is the responsibility of the party relying on evidence from a person who wishes to use an interpreter to arrange for a suitably qualified interpreter to be available.18

  5. By exception, the use of an interpreter may also arise at the hearing if a party has failed to identify the need for an interpreter pre-hearing or if the needs of a witness unexpectedly change during the hearing.

11 Rule 44(10).

12 Rule 44(3).

13 Rule 44(3).

14 Rule 43(3).

15 Rule 43(4).

16 Rule 43(8).

17 Rule 44(3).

18 In cases where a person wishes to speak in Welsh and the Welsh Language Standards apply, it will be the responsibility of the MPTS to make suitable arrangements for an interpreter.