Judicial Work Shadowing Scheme – Extension to Tribunals
(April 2006)
The DCA set up the Judicial Work Shadowing Scheme in 1999. Its primary purpose is to encourage lawyers to consider applying for judicial appointment by giving them the opportunity to see what a judicial office holder does and how the court works from a judge's perspective. Now, ten tribunals have signed up to be a part of the scheme, including the Asylum & Immigration Tribunal, the Care Standards Tribunal, the Office of Social Security & Child Support Commissioners, The Appeal Service, the Combined Finance and Tax Tribunals, the Mental Health Review Tribunal, the Employment Tribunals (England & Wales), the Pension Appeal Tribunal, the Residential Property Tribunal Service and the Immigration Services Tribunal. Caz Thomas, from the JSB Diversity Team explains how the scheme has been extended to allow lawyers to see the work of tribunals.
In October 2005, the Law Society agreed to award up to 12 Continuous Professional Development (CPD) hours to solicitors participating in the Scheme. The Bar Council has also agreed to award two CPD hours to barristers participating in the Scheme. The Scheme has been widely advertised on the DCA website, at 'Step up to a Judicial Career' events and in the national press. Responsibility for administration of the scheme passed to the Judicial Office in April 2006.
Nature of the scheme
The Scheme is a formal, centrally-managed initiative that is primarily designed to give lawyers an insight into life as a judge, to help them to decide if being a judge is for them. Participants shadow a judge for 1-3 days. They sit with the judicial office holder at the beginning of the day and discuss the case(s) to be dealt with that day. They sit with the judicial office holder throughout the case(s) and discuss the issues at the end of the day. Judicial office holders also discuss generally with participants any aspect of a judicial career.
Participating judicial office holders follow best practice guidelines designed to ensure a worthwhile shadowing experience. The guidelines recommend that participants see as many of the judicial office holder's main duties as possible including:
- preparing for trial/hearing
- case management
- overseeing court/hearing proceedings
- hearing applications
- determining applications
- giving decisions.
Safeguards are in place to ensure that no conflict of interest arises (for example, a shadower cannot observe a case in which his or her chambers/firm is representing one of the parties).
Contribution to increasing judicial diversity
By providing practical experience of the day-to-day work of a judicial office holder, the Scheme demystifies the judiciary and helps individuals to make a better-informed decision about applying for judicial office. Judicial work shadowing is particularly valued by lawyers from those groups currently under-represented in the judiciary – women and people from minority ethnic communities – who may perceive judicial office as not being open to them. A high proportion of participants in the Scheme are solicitors, who have not traditionally been seen as the main source of the judiciary.
The Scheme may be particularly useful to practitioners who do little or no advocacy in the course of their work and so are less familiar with the court/tribunal environment, such as many employed lawyers.
Feedback from those that have already participated
Feedback received from participants confirms the benefits the Scheme offers to encourage applications from groups under-represented on the bench:
- 'It gave me real confidence that I could do the job myself and that I would enjoy it too.'
- 'I have been encouraged by those that I have met, that a varied career path will be an asset rather than a bar.'
- 'It will make a decision whether or not to apply more informed...'
- 'I now believe that my skills and knowledge would be used to good effect in a judicial role.'
- 'Without participation in the scheme I would not have been able to experience court work from the judges side of the counter ... it offered a most beneficial overview of what's expected and required from the judiciary...'
Participation in the Scheme also offers lawyers the opportunity to learn about different approaches to managing and presenting cases, and to gain a better understanding of a judicial office holder requirements in court; this can lead to improvements in their skills and service to clients. The Scheme also offers the opportunity to experience the work of jurisdictions with which participants may be less familiar, thereby broadening knowledge of law and practice.
Administration of the Scheme
From April 2006 the Judicial Office took on responsibility for administering the scheme. The applications are checked to ensure the applicant is eligible, by carrying out checks with the Law Society or Bar Council. Once these are completed the applications are sent to a nominated officer within the Tribunals or HMCS who organises a suitable date between the applicant and the judicial office holder.
Benefits of extending to Tribunals
Extending the Scheme to tribunals will help to raise the profile of tribunals amongst lawyers considering a judicial appointment as a part of their career path, dispelling some misconceptions that tribunal appointments are less interesting and attractive than court-based judicial roles. This will in turn increase the number and diversity of applications for legal tribunal Appointments.