Adjust newsletter - April 2005


Council News Senior President of Tribunals Other News Inquiries Focus Users Focus Profile: Steve Mannion Spotlight: CICAP Tell us what you think... Please send your feedback to Ray Burningham, Acting Secretary, Council on Tribunals, 81 Chancery Lane, London, WC2A 1BQ or email enquiries@cot.gsi.gov.uk Scottish Conference The Council's Scottish Committee is holding an all day conference on May 5, 2005 at the APEX International Hotel in Edinburgh. The conference is called Emerging Good Practice, and the keynote speech will be delivered by Professor Hazel Genn. For more information and to nominate delegates, see the conference flyer. Welsh Conference - NEW DATE The Council's Wales Conference will now be held on Thursday, June 23 at the St David's Hotel, Havannah Street, Cardiff. The theme is Advancing Administrative Justice in Wales. For more information contact us at 81 Chancery Lane, London, WC2A 1BQ or email enquiries@cot.gsi.gov.uk Annual Conference The Council's Annual Conference will be held at One Great George Street on 15 November 2005. Look out for further details in forthcoming editions of Adjust. Regional Users Workshop For more information on the Council's May User Workshop in Manchester, click here Pass it on! Please forward Adjust to people who might find it interesting. To have your name added to our list of recipients, please send an email to adjust_mailing@ cot.gsi.gov.uk	Minister welcomes Adjust Welcome to the second edition of Adjust, the Council on Tribunal's quarterly electronic newsletter. In this edition we continue to update you with news from the administrative justice world. We have had a pleasingly positive response to the first edition in January. Visiting the Council in March, our Minister Baroness Ashton of Upholland (Parliamentary Under Secretary of State for the Department of Constitutional Affairs) welcomed the newsletter as an important tool in helping the Council communicate with a wider audience. We hope Adjust will play an increasingly important role as we develop towards our future as the Administrative Justice Council. Comments and feedback to help us in that will be much appreciated Lord Newton of Braintree, Chairman Council News Council Chairman speaks at the BIOA Conference Lord Newton spoke at the British and Irish Ombudsman Association Conference on 7th April 2005. Addressing the relationship between ombudsmen, tribunals and courts, and the proposed development of an Administrative Justice Council, Lord Newton outlined the Council’s future role within the changing administrative justice world. View Lord Newton's speech top of page Broadcasting in tribunals and inquiries The Council has advised the DCA that ensuring justice is delivered must be the cornerstone of any future decision made on broadcasting in tribunals and inquiries. However, the Council feels there is a good case for relaxing the present rules. The DCA has now concluded a consultation on changes to the law, which currently prohibits any photography in court (including television, film or video) or broadcasting any sound recording made in court. The consultation paper said there might be a case for changes to the law in this "modern, televised age". In response to the consultation, the Council called for tribunal chairs themselves to have control over what is broadcast. "The Council recognises that broadcasting has the potential to add value to tribunals. The working of tribunals has not always been well known to the general public and broadcasting might help public understanding. For this reason, the Council does not favour a blanket prohibition on broadcasting." In the case of most inquiries, decisions on whether to allow broadcasting have traditionally been made on a case by case basis and left to the inquiry chair. Notably, the chairs of recent inquiries such as the Victoria Climbie, Hutton and Shipman inquiries have expressed real concern about the impact on individuals of full broadcasting and therefore only partial broadcasting of the public hearings was permitted. The Council favours allowing the chair to have control over the extent to which an inquiry is broadcast. DCA's consultation paper - Broadcasting Courts The consultation closed on February 28, 2005. top of page Council members - news The Lord Chancellor, Lord Falconer of Thoroton, has appointed Susan Howdle and Carolyn Berkeley JP to be members of the Council for a further term of two years with effect from April 1, 2005. Susan, a former lecturer in law at the University of Sheffield and a former Vice-President of the Yorkshire Rent Assessment Panel, joined the Council in April 1998. Carolyn has been a Justice of the Peace since 1989 and a member of the Council since April 1999. top of page Council's Scottish Chair gives evidence John Elliot, the Chair of the Scottish Committee of the Council on Tribunals, gave evidence to the Scottish Parliament's Justice 2 committee in January. In particular, he raised concerns over how the Inquiries Bill, which has since been given Royal Assent, would translate into practice in Scotland. The committee minutes More on the Inquiries Act 2005 top of page Senior President of Tribunals
	In the first issue of Adjust we reported the appointment of Lord Justice Robert Carnwath to the post of Senior President designate of Tribunals. In the first of a regular series of articles, Robert Carnwath speaks about his first steps towards meeting the coming challenges. Since my speech to the Council on Tribunals' annual conference back in November 2004 I have been considering how we put into effect the judicial reforms proposed in the White Paper Transforming Public Services: Complaints, Redress and Tribunals. I said at the Conference that I had inherited a very useful forum for co-ordinating this work, the Tribunal Presidents Group, which includes the judicial presidents or equivalents of those tribunals that will initially constitute the Tribunals Service. I will continue to work with this Group but in view of the range of issues to be resolved, I have also set up some smaller working groups to look at specific issues including legislation, training and appraisal, appointments and deployment and the proposed upper tier tribunal. Judicial colleagues and I are working very closely with officials from the Department of Constitutional Affairs on designing both the scope and the statutory framework of the new Service and I hope that we will soon see the fruits of this in a Courts and Tribunals Bill, parliamentary time permitting. This partnership approach extends, of course, to Peter Handcock, Chief Executive designate of the Tribunals Service, with whom I have forged a close working relationship. This year will be a very important one for all who are involved with tribunals, ahead of formal launch of the Tribunals Service in April 2006. One of the key areas for me will be communication with panel members and others with an interest in tribunal reform. I am delighted therefore to say that Tony Newton has permitted me to become a regular contributor to Adjust, and I will also be writing articles in Tribunals Journal, the Judicial Studies Board’s magazine for panel members. As I said at the Council's Conference, we have a unique opportunity to shape the delivery and development of the future tribunals system as we think it should be. I look forward to working with you to meet this challenge. A longer version of this article will appear in the next edition of Tribunals Journal, due to be published in May 2005. top of page Other News
Valuation tribunals' consultation The Valuation Tribunal Service (VTS) has launched a Strategy & Development Planning Consultation Paper with a closing date for comments of Friday, May 27. View the paper Public service standards A new common Good Governance Standard for Public Services has been developed by the Independent Commission on Good Governance in Public Services. The ICGGPS website New research - mediation and judicial review The Public Law Project (PLP) is to carry out new research looking at the role of alternative dispute resolution and the impact on mediation and judicial review. The PLP website Automated decision making The Administrative Review Council in Australia has produced a report - Automated Assistance in Administrative Decision-Making - outlining principles to ensure that decisions made using automated 'expert systems' are consistent with existing administrative law values. Read the report	"A Better Service for Tribunal Users" The countdown has begun to the launch of the Tribunals Service, a new agency within the Department for Constitutional Affairs (DCA) that will provide common administrative support to the main central government tribunals from April 2006. 4 April 2005 saw the launch of a transitional year - ahead of formal launch in April 2006 - and a new website for the Tribunals Service. DCA press release The new Tribunals Service website top of page NAO Report: Citizen redress Government departments and agencies are being urged by the National Audit Office (NAO) to focus their complaints and appeals procedures more firmly on the citizens they serve. The NAO in its report - Citizen Redress: What citizens can do if things go wrong with public services - supported the commitment in the Government's July 2004 White Paper to strive for a stronger focus on other dispute resolution options, such as mediation and the use of ombudsmen, before embarking on more costly redress via the courts and tribunals. The report also recommended that government organisations needed to review their complaints and appeals procedures, streamlining the "complex" arrangements at present. Report executive summary and recommendations top of page Judicial Studies Board News - Tribunals Journal The JSB wishes to expand the editorial board of its Tribunals journal. Interested parties should note that experience of the broad field of administrative justice is essential, along with an understanding of the needs and concerns of those appearing in front of tribunal hearings. The JSB is particularly keen to hear from individuals with knowledge of the advice sector, and lay members The next issue of Tribunals will be published in May 2005 and will include guidance on taking notes for chairmen, as well as analyses of the implications of the administrative justice reforms for the jurisdictions of Wales, Scotland and Northern Ireland. Paper copies are distributed free of charge to tribunal members, and electronic versions are available for download here. To add your name to Tribunals' distribution list, or for further details of the editiorial board role, please email publications@jsb.gsi.gov.uk. top of page Diversity in the judiciary A package of measures has been proposed by the DCA to help increase diversity in the judiciary prior to the new independent Judicial Appointments Commission opening for business in April 2006. At present less than 25% of the judiciary are women and less than 7% are from ethnic minority groups. It is not known how many judges have disabilities, but numbers are believed to be small. The measures, announced by the Lord Chancellor at the Women Lawyer Forum Conference in March, follow on from a consultation last October. They include doing more to encourage disabled lawyers to apply for a judicial appointment, reviewing the current eligibility criteria and introducing a mentoring scheme. In their response to the consultation, the Council stressed that one of the major issues that needed to be addressed was the perception of the judiciary and the need to move away from a "primarily male, white, middle class" image. "The most effective way of increasing the diversity of the judiciary might be to open up the judicial appointments process so that people could see what it is, and importantly, that it is independent and fair." Lord Falconer's speech top of page Immigration and asylum update The Council has reiterated its strong objection to two proposed rules for the new Asylum and Immigration Tribunal in evidence to the Constitutional Affairs Committee, which is scrutinising the DCA's proposed rules for the new tribunal. The tribunal came into operation on 4 April. The Committee's report The Council's submission top of page Mental Health update The report of the Joint Select Committee on the Draft Mental Health Bill was published on March 23, 2005. The Committee has been undertaking pre-legislative scrutiny of the Government's draft Mental Health Bill, taking written and oral evidence from a wide range of interested parties, including the Council. The Council's Chairman and Penny Letts gave oral evidence to the Committee in January, to supplement the Council's earlier written submission. Phillip Sycamore, MHRT Liaison Judge and Carolyn Kirby, Chairman of the MHRT in Wales, also gave evidence. In its report, the Committee concludes that the Government's plans to reform mental health provision will force too many people into compulsory treatment and will erode their civil liberties. The Government's response to the Committee's Report is expected in June/July 2005. The Committee's report in full top of page Inquiries Focus
Past advice In 1996, at the request of the then Lord Chancellor, the Council gave advice on the conduct of inquiries set up by ministers to look into issues of public concern. This followed the inquiry by Sir Richard Scott into the export of defence equipment to Iraq. The Council's advice	Inquiries Act 2005 The Inquiries Act, which the Council broadly supports, was given Royal Assent on 7 April 2005 just before the dissolution of Parliament. The overarching aim of the Act is to streamline public inquiry procedures, making them faster, more effective and less costly. The Act imposes a single statutory framework for inquiries into events of public concern. Prior to the Act, the way inquiries were set up was complicated and could arise through a number of different routes. The changes will mean ministers are solely responsible for setting up inquiries. In its response to the earlier consultation, the Council supported the Bill, saying: "A general statutory power for Ministers to set up inquiries into matters that have caused or have potential to cause public concern would represent a useful modernisation, rationalisation and clarification of the present position." The Inquiries Act and its explanatory notes will be available, in due course, on the Her Majesty's Stationery Office website. In the meantime, you can view The Inquiries Bill. top of page Conducting effective inquiries
	Sir Michael Bichard, chair of the high profile Bichard Inquiry that arose from the Soham murders, presented the Public Management and Policy Association's first lecture of 2005. His subject was setting up and managing Effective Inquiries. In March, Sir Michael published a precedent setting report on the progress made by public bodies towards implementing the recommendations of his original report. Both reports can be found here In his lecture, which was attended by delegates from across the public sector, Sir Michael said there were eight distinct principles he applied to the inquiry, which he believes can act as guidance for the successful management of other inquiries. These include: Ensuring that the Terms of Reference were focused and not open to question Maintaining momentum in the inquiry Building a strong supporting team Using excellent accommodation, and filing and referencing technology to support the inquiry Ensuring accuracy and fairness by allowing criticised parties to comment (confidentially) on relevant parts of the final report Dealing with the media in a professional manner that is fair to witnesses Reviewing the progress on inquiry recommendations. The Bichard Inquiry was set up by the Home Secretary following the conviction in December 2003 of Ian Huntley for the murders of Holly Wells and Jessica Chapman in Soham, Cambridgeshire. top of page Users focus Regional workshop The Council is hosting a regional Tribunal Users Workshop in Manchester this May to follow on from the highly successful workshops held in London last October, and Glasgow in February. The Workshop will be held at the Manchester Thistle Hotel on Monday, May 16. The main theme of the workshop will be the DCA's White Paper and there will be opportunities to explore the paper in more depth, including the role played by the advice sector in providing support and assistance to users in resolving disputes and bringing cases before tribunals. A wide range of regional user groups in the North of England have been invited to attend. For further information contact Diana Worman on 020 7855 5208 or email diana.worman@cot.gsi.gov.uk Flyer for the Manchester workshop Report on the Council's London workshop top of page SENT Wales holds mock hearings The Special Educational Needs Tribunal in Wales (SENTW) is holding a "mock" tribunal hearing as a training exercise for existing and potential users of the Tribunal. At two training sessions in late April, the SENTW panel will consider the casepapers and submissions of a real appeal case (which was never actually heard). The Tribunal obtained permission from the parties to use the appeal for training purposes. Representatives from the local education authority and voluntary sectors will play their respective roles in the mock hearing. After the hearing the panel, the SENTW President and Secretary to the tribunal will take questions from those attending. SENTW hears appeals from parents against decisions made by local education authorities about a child's special educational needs. top of page MHRT Stakeholders Group The Mental Health Review Tribunals (MHRT) held the first meeting of a new Stakeholders Group in February. The main purpose of the group, which is chaired by His Honour Judge Sycamore, the MHRT liaison judge, is to promote the smooth and efficient working of the tribunal by consulting and involving stakeholders, to identify, discuss and propose solutions to administration problems and to provide an update on national issues affecting the tribunal. The group membership comprises the judicial and operational heads of the MHRT and representatives from the Home Office, the DCA and members of the Council as well as external organisations, such as The Law Society and The Institute of Mental Health Act Practitioners. The group plans to meet initially three times a year and is considering potential membership of the group from further afield, including approved social workers, chief executives from mental health trusts and other external organisations which support mental health patients. Mental Health Review Tribunals website top of page Profile - Steve Mannion
	As a member of the Council and of the Council's Scottish Committee, Steve Mannion is fiercely committed to improving the ways in which people can seek administrative justice. But his background in the Scottish police force, and a famous draw with a chess World Champion, make him the unlikeliest of Council members. Read the interview top of page Spotlight - Criminal Injuries Compensation Appeals Panel
	Roger Goodier, Chairman of CICAP, talks to Adjust about the work of the panel and looks to its future as part of the unified tribunals service. Read the interview top of page