Adjust - newsletter of the Council on Tribunals

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New look for the Council's website!

The Council has recently redesigned its website to make it a more user-friendly and accessible online resource. Of particular interest is the 'links' page which contains a list of many of the tribunals and inquiries overseen by the Council.

council-on-tribunals.gov.uk

Scottish Committee moves offices

The Scottish Committee of the Council on Tribunals has moved offices to: George House, 126 Street, Edinburgh, EH2 4HH. The new contact telephone number is 0131 271 4300

Residential Property Tribunal Service Newsletter

The Residential Property Tribunal Service (RPTS) has published a newsletter 'Housing Dispute Update' which has been widely distributed to MPs, Council Leaders, Citizens Advice Bureaux and other advice centres. The newsletter aims to raise awareness of RPTS particularly as it acquires new jurisdictions under the Housing Act 2004. The newsletter is not available online but a copy can be obtained from the RPTS.

www.rpts.gov.uk

Touchbase

Touchbase is the Department for Work and Pensions newsletter for advisers, intermediaries and other professionals.

View recent editions

Centre for Public Scrutiny: Scrutiny News

The Centre for Public Scrutiny, established in 2003, is a national support and advisory organisation that works to promote the value of scrutiny in modern and effective government.

Latest news bulletin

National Pro Bono Week: June 2006

National Pro Bono week, backed by the Law Society, the Bar Council and the Institute of Legal Executives, celebrated its fifth year in June. With more than fifty events held nationwide, law firms, community centres and MPs surgeries offered free advice sessions and promoted the benefits of pro bono work.

www.ProBonoUK.net

Journal of Public Law celebrates its 50th Anniversary Year

The Journal of Public Law is celebrating its 50th anniversary year. Established in 1956, Public Law publishes scholarly articles, reviews and surveys on constitutional and administrative law in the UK and abroad. The Summer 2006 edition includes articles on Alternative Dispute Resolution (ADR) within Public Law and the rise of mediation in administrative law disputes – comparing experiences from England, France and Germany.

Obtain the Journal here

Good Doctors, Safer Patients

Professor Sir Liam Donaldson, the Chief Medical Officer, has published his review of the regulation of the medical profession. One of the recommendations in his report 'Good doctors, safer patients' includes the establishment of an independent tribunal in order to adjudicate on fitness to practise matters. The General Medical Council (GMC) will focus on the assessment and investigation of cases.

Read the report

GMC website

Legal Services Commission Welsh Language Scheme

Following a consultation exercise, the Legal Services Commission has launched its Welsh Language Scheme. The aim of the service is to enable everyone who receives a service through the Legal Services Commission in Wales to do so in English or Welsh, according to their personal choice. This includes providing forms and correspondence in Welsh and access to Welsh-speaking staff.

Read more

Judicial Appointments and Conduct Ombudsman

The Judicial Appointments and Conduct Ombudsman (JACO) investigates complaints about the judicial appointments process and the handling of matters involving judicial discipline or conduct. Sir John Brigstocke KCB has been appointed as the inaugural JACO from 3 April 2006.

JACO website

Telecoms & Energy Ombudsman

Elizabeth France OBE has been appointed as the new Energy Supply Ombudsman with effect from 1 July 2006. She will be responsible for resolving all customer complaints about electricity and gas suppliers, and will have the power to award customers up to £5,000 in compensation. She will retain her existing responsibility for telecommunications and becomes Telecommunications and Energy Ombudsman.

APOS

Tim Corner QC has recently been appointed as Interim Chairman for The Advisory Panel on Standards for The Planning Inspectorate, replacing Corinne Swain.

Birthday Honours 2006

Hazel Genn, Professor of Socio-Legal Studies at University College London, has been made a DBE (Dame of the British Empire) in the Queen's Birthday Honours for 2006. Professor Genn is a leading authority on civil justice and has published widely in the field, including her most recent research Tribunals for Diverse Users.

Pat Thomas, a member of the Council on Tribunals has been made a CBE (Commander of the Order of the British Empire). Mrs Thomas was a Local Government Ombudsman for 20 years, and Vice-Chair of the Commission for Local Administration in England from 1993–2005.

Worth a click...

The Public Legal Education and Support Task Force (PLEAS) is an independent body set up to develop proposals for how to promote and improve public legal education in society today.

www.pleas.org.uk

JSB Training Dates

9-11 October 2006
Tribunal Skills Development.
Northamptonshire
[waiting list only]

27-28 November 2006
Tribunal Advanced Skills Course.
Northamptonshire

16 January 2007
The Effective use of Small Groups in Training.
Millbank Tower, London

19-21 March 2007
Tribunal Skills Development.
Northamptonshire

15-17 November 2007
Managing Judicial Leadership.
Northamptonshire

For further details see the JSB's Tribunals' Training Prospectus

Council on Tribunals publishes its 2005-06 Annual Report

"The year we cover was perhaps the most significant for the tribunals world since 1958, when the Council on Tribunals itself was established after the Franks Report"
– Lord Newton
Chairman of the Council on Tribunals

The Council on Tribunals' 2005-06 Annual Report provides an account of the Council's work in the reporting year from April 2005 to March 2006.

Of particular significance has been the establishment of the new Tribunals Service under the aegis of the Department for Constitutional Affairs.

Other highlights of the past year have included:

  • The publication of the Council's consultation paper on the use and value of oral hearings.
  • The publication of the feedback from the Council's Users Support Workshops.
  • The Council's facilitation of a workshop for London based admission and exclusion clerks, which led to the establishment of a new EASI group for London.
  • The ongoing development of the Council's electronic magazine, Adjust, which acts as a medium for sharing ideas and good practice across the tribunals and administrative justice world
  • The Council's Annual Conference in November 2005, which included a keynote speech by Baroness Ashton.

The Report also records the Council's work during the year, including 75 visits to tribunals by Council members, and attendance at over 60 conferences and training seminars.

 

Tribunals, Courts and Enforcement Bill published in draft

The Tribunals, Courts and Enforcement Bill was published in draft on 25 July. Comments are sought by 22 September 2006.

 

Review of the Role of Non-Legal Tribunal Members

Baroness Ashton

Baroness Ashton, Parliamentary Under Secretary at the Department for Constitutional Affairs, talks about the Review of the Role of Non-Legal Tribunal Members.

 

Other News :

Decision making standards in DWP

On 4 July 2006 the Secretary of State for Work and Pensions published his report on the standards of decision making in Jobcentre Plus, The Pensions Service, Disability and Carers Service and the Child Support Agency in 2002 and 2003.

 

Consultation – Regulatory Justice: Sanctioning in a post-Hampton World

Cabinet Office

The Cabinet Office has issued a consultation document Regulatory Justice: Sanctioning in a post-Hampton World by Professor Richard Macrory. Professor Macrory was asked to examine the system of regulatory sanctions to ensure that these were consistent and appropriate for the risk based approach to regulation set out in the Hampton Review. The consultation document contains Professor Macrory's initial findings on the penalties system and outlines his vision for a modernised system of regulatory sanctions, including a proposal to create a specialist regulatory appeal tribunal. Professor Macrory's final recommendations will be published in Autumn 2006.

 

Seminar Series: Administrative Justice – practitioners and policy makers welcome!

The Economic and Social Research Council (ESRC) are organising a series of seminars on administrative justice. The aims of the seminars are to review the current state of theoretical work on administrative justice; consider recent developments in public administration in the UK; assess the current state of administrative justice in the UK and consider how administrative justice might be enhanced.

 

Consultation on Legal Aid reform

The publication of Lord Carter of Coles' Review of Legal Aid Procurement, Legal Aid: A market-based approach to reform has been welcomed by Sir Michael Bichard, Chair of the Legal Services Commission, who said it offers "an important opportunity to ensure that legal aid has a sustainable future." In response to the review the Department for Constitutional Affairs and the Legal Services Commission have jointly prepared and published a consultation paper Legal Aid: a sustainable future. The consultation paper seeks views on proposals in relation to Civil Controlled Work including the provision of legal aid in Immigration, and Mental Health cases.

 

Parking Policy and Enforcement

"At present participating local authorities fund the service. This projects an unfortunate appearance that the service may be under the control of the councils. It certainly does not convey the impression of independence that is the basis for raising its status and profile."

The House of Commons Transport Committee has published a report Parking Policy and Enforcement that is critical of current parking policies. Among those who gave evidence to the Committee were Caroline Sheppard, Chief Parking Adjudicator for England and Wales, and Martin Wood, Chief Parking Adjudicator for London.

Recommendations from the report include ensuring there is less confusion between the roles of the parking adjudication service and the Local Government Ombudsman over parking appeals. The report also recommends that Government review the funding of the parking adjudication service and proposes arrangements that emphasise its separate judicial status and independence from local councils.

The Transport Committee concludes with recommendations for change including a 'single decriminalised enforcement system'.

Bill of Rights parking fines challenge fails

Mr Justice Collins has refused an application for judicial review in which it was contended that the 1689 Bill of Rights outlaws parking fines because they have not been imposed by a court of law. Mr Justice Collins said 'This argument has been produced on a number of occasions and seems to have worried local authorities and possibly even parking adjudicators. All I can say is that they should cease to worry'.

 

Asylum and Immigration Tribunal - Review Report

"...the Review has been taking evidence during a period of considerable challenge and change for the AIT"

Following the implementation of the new AIT in April 2005, a review has been carried out to consider whether it is realising its intended benefits. The report provides an analysis of how the AIT has been performing in its early stages, including a review of findings and recommendations to further develop the handling of work through the AIT.

 

Safeguarding Vulnerable Groups Bill:
Independent Barring Board

The Safeguarding Vulnerable Groups Bill, which was published on 1 March 2006, resulted from Sir Michael Bichard's Inquiry following the Soham murders.

One of the failings identified in the report was that different pieces of information about an individual could be held by a number of different organisations, but were not routinely shared. The intention of the Bill is to introduce a vetting and barring scheme that will significantly strengthen safeguarding for vulnerable adults and children. The bill also creates a new independent body, the Independent Barring Board (IBB), to take decisions about whether individuals should be barred from working with vulnerable adults and children.

 

Mental Health – Bournewood Consultation Update

"Society is judged on how it treats its most vulnerable, and it is imperative that we have robust legal safeguards in place to ensure that those people who lack capacity are properly protected"

The Government has published its proposals for ensuring that the law on the treatment and care of people suffering from a disorder or disability of mind, who lack capacity and who need to be deprived of liberty, is compliant with the European Convention on Human Rights. This is in response to the 2004 judgment of the European Court of Human Rights concerning a patient at Bournewood hospital who lacked the capacity to consent to treatment but who was detained informally by doctors against the wishes of his carers.

 

Law Society £250,000 penalty

The Legal Services Complaints Commissioner, Zahida Manzoor CBE, has imposed a penalty of £250,000 on the Law Society because of the inadequacy of its plans to secure improvements to its complaints handling services for 1 April 2006 to 31 March 2007.

 

Ombudsman "powerful lever for reform"

"Government departments usually show a welcome willingness to respond constructively to my investigations and reports, and to accept my findings. To learn the lessons from what has gone wrong and why is a powerful lever for reform"

Ann Abraham, the Parliamentary and Health Service Ombudsman, has criticised a number of government departments for taking a negative and defensive approach to her investigations. In her 2005-2006 annual report, Making a Difference, Ms Abraham praises some other departments for engaging constructively with her, and says that her investigations into maladministration can be used by government as a "powerful lever for reform".

The Ombudsman's investigations ranged across 107 government departments and agencies and 475 different NHS organisations.

 

'Unnecessary errors' in benefits

BBC news

According to a BBC report, almost 80,000 sick and disabled people a year are wrongly denied benefits, resulting in thousands of appeals. A Radio Five Live investigation found that some hand-written medical reports had been altered so that the meaning was changed, while in other cases a computer-based medical questionnaire had produced misleading information. The BBC reports Disability Minister Anne McGuire as saying that the overwhelming majority of cases are dealt with satisfactorily, and that the government was always keen to improve when bad practice came to light.

 

Employment Tribunal Steering Board

The first meeting of the Employment Tribunal Steering Board was held in June 2006. The aim of the board is to "promote effectiveness of, and to provide advice on, the overall operation of the Employment Tribunal System, and to ensure that it meets the needs of all of its users". The board will provide advice to the CEOs of ETS and ACAS, as well as the Tribunals Service CEO and the DTI Director General. The independent chair of the steering board is Ian Barr who is also a member of the CBI Quality Forum and has served on the CBI Employment Policy Committee.
 

 

International :

New ARC Publication – The Scope of Judicial Review

Australia

The Administrative Review Council is an Australian statutory body that provides, among other things, advice to the Australian Attorney General on matters of Commonwealth administrative law. In its latest report, The Scope of Judicial Review, the Council addresses the constitutional and policy considerations relevant to the scope of judicial review in Australia, and considers when it is appropriate to seek to reduce the scope or practical availability of judicial review. The Council's conclusions are summarised in a framework of indicative principles, intended to provide a guide to governments, policy officers and drafters in the consideration of review mechanisms to be incorporated in legislation.

 

Continental and common law terminology – minimising misunderstandings

The Centre for International Legal Co-operation (CILC), a Dutch non-profit organisation, is currently preparing a pilot project to improve the quality and accessibility of English translation of Dutch legislation, with the ultimate goal of minimising potential misunderstandings arising from the differences between continental and common law terminology.

The Dutch General Administrative Law Act 1994 is available in English and has been described as "a milestone in European administrative law technique".

 

COAT: Practice Manual for Tribunals

The Practice Manual for Tribunals is a resource that has been developed by the Council of Australasian Tribunals (COAT) to assist tribunal members in carrying out their duties. The manual provides information and practical guidance on a range of practical issues of relevance to the diverse group of tribunals that are members of COAT. The manual covers areas such as procedural fairness, conducting hearings and making decisions.

 

International Conference of Information Commissioners

"...Freedom of Information demands extra of our public officials, it requires cultural change within Governments and among public officials..."

The Lord Chancellor, Lord Falconer of Thoroton, was keynote speaker at the International Conference of Information Commissioners in Manchester in May 2006. The event was attended by Information Commissioners (or their nearest equivalent) from over 40 countries world-wide and provided an opportunity to meet and share experiences of regulating and enforcing access to information legislation.

 

Inquisitorial Processes in Australian Tribunals

The Australian Institute of Judicial Administration has published a report into inquisitorial processes in Australian Tribunals. The report explores the legislative indicators and best practice directions that ensure that a tribunal operates in a inquisitorial fashion and what it means for a tribunal to operate in an inquisitorial fashion.

The report can be ordered from the AIJA website under its publications scheme.

 

Administrative Tribunal of the Organisation of American States: Seminar

The Administrative Tribunal of the Organisation of American States is hosting a seminar in early August entitled 'Current Issues in the Law and Practice of International Administrative Tribunals: Promoting the Effectiveness of the Decision-Making Process'. Judge Agustin A. Gordillo, President of the Administrative Tribunal and representatives from the Administrative Tribunal of the Council of Europe, Administrative Tribunal of the International Monetary Fund and Administrative Tribunal of the Organisation for Economic Co-operation and Development will be speaking at the event.

 

International Tribunals Workshop papers published

Papers and presentations from the April International Tribunals Workshop in Australia, as reported in the last edition of Adjust, are now available to view online. They include:

  • Taking evidence and making decisions presented by Professor France Houle, Faculty of Law, Universite de Montreal & Visiting Fellow of the Australian National University;
  • Child support appeals and tribunals – lessons from the UK presented by Professor Nick Wikeley, John Wilson Chair in Law, University of Southampton;
  • Conflict of interest and bias presented by Ema Aitken, Chair of the Refugee Status Appeals Authority, New Zealand and Penny Letts, Member of the Council on Tribunals.
 

Users Focus :

All in the interpretation

"The cultural issue is probably more important than the linguistic barrier"

Mr Mansour Dhifallah, an Arabic, Algerian and French translator talks to Adjust about his challenging role as an interpreter for (among other organisations) the Asylum and Immigration Tribunal.

 

Getting Benefit Decisions Right First Time

"...Doctors rejected the suggestion that they are competent to give advice about a patient's functional needs"

Bernard Pidcock, manager of Blyth Valley Citizens Advice Bureau, and Professor Hugh Brayne, a legally qualified panel member in the Appeals Service were members of the now-abolished North East Regional Legal Services Committee (NERLSC). It set up a project to see if it could help decision-makers at the Department for Work and Pensions (DWP) to make the right decision first time. Views expressed in this article are personal to the authors.

This article first appeared in the June 2006 Journal of the Legal Action Group, and we have reproduced the article by kind permission of the authors Bernard Pidcock, Professor Hugh Brayne and the Legal Action Group.

 

Comment :

Schools Admission and Exclusion Appeals –
the need for a panel members forum

"There is a widespread and prevailing view that the present system ... requires fundamental reform"

Michael Brown, former member of the Council on Tribunals and now lay member of the independent admission and exclusion appeal panels for Oxfordshire, talks to Adjust about the need for a review of the appeals system for schools admissions and exclusions.

 

Some Lessons from Australia

Paul Stockton, Director of Reviews and Legislation at the DCA writes about the Australian administrative justice scene from a British perspective.

 

Human Rights "An abuse of common sense"

"It is the flexibility of human rights that makes it so potent as it does not respect legal boundaries or ultimately the sanctity of statute"

Nicholas Holden, a chairman of the Adjudication Panel for England, and lecturer at the University of the West of England offers some thoughts and friendly guidance on how tribunals should address human rights issues.

 

Role of the Financial Ombudsman

Financial Ombudsman Service

In an article which originally appeared in the Financial Ombudsman's Annual Review 2005-2006, published in June 2006, Walter Merricks, the Chief Ombudsman describes the role of the Financial Ombudsman

Advancing Administrative Justice