Home >> Scottish Committee >> Scottish publications >> Tribunal Premises in Scotland

Tribunal Premises in Scotland

view as a pdf (0.09mb)

Part 1: The Purpose of this Report

We aim to provide information and comment on a wide variety of tribunal premises currently in use in Scotland. We draw attention to good and less good premises. We make proposals for improvement.

1. In November 2002 the Council on Tribunals and its Scottish Committee produced a Framework of Standards in order to provide their members with an appropriate reference for their observations and as a basis for providing feedback to tribunals and their governing departments.

2. This report has been based on the Committee's visits programme since the introduction of the Framework and reflects members' findings when comparing the premises used for hearings against these Standards.

3. During the course of each reporting year Scottish Committee members aim to undertake approximately fifty visits taking in a wide variety of tribunal systems. The visits programme does not adhere rigidly to observing a tribunal in operation. Members also attend training sessions provided by the systems to their membership, sometimes only to observe the training and sometimes to take an active part by explaining what the role and functions of the Scottish Committee are. Members also attend user group meetings, which are organised by tribunals as a medium for obtaining and sharing information with stakeholders.

4. During the period November 2002 to December 2004, covered by this report, the Committee attended seventy-three tribunal hearings sitting at locations spread throughout the length and breadth of Scotland. This foothold in the tribunal world provides the Committee with a unique insight into not only how tribunals operate but also the standard of accommodation in which the tribunal systems have to function.

5. We believe that it is important to the whole ethos of administrative justice that the venues used for tribunal hearings match the needs of the system and take full account of the needs of its client group. The venue should be independent from the department that has been involved in the initial decision making process and, in line with the Disability Discrimination Act, it should be accessible for all. Many of the larger tribunal systems have dedicated hearing venues operating mainly in Edinburgh or Glasgow whilst other systems are required to operate on the coat tails of the local authority responsible for their operation. We thoroughly agree with the use of local premises to improve accessibility unless that compromises independence.

6. Through the production of this report we record our findings and experiences which we have obtained from the many visits undertaken to tribunal hearings in Scotland.

^ contents

Part 2: Location of hearing venues in Scotland

7. In this section we provide an overview of the tribunal systems which sit in Scotland and report if the system has a dedicated hearing venue in which to operate. This is not a comprehensive list of tribunals sitting in Scotland. There are other systems which have never or have hardly ever sat in Scotland: as this report is based on our members' findings it would be impossible to include such systems. A full list of the tribunals operating in Scotland is given in the Committee's Annual Report. This report covers visits to 19 of the tribunal systems operating in Scotland.

Tribunal	Dedicated tribunal venue
The Appeals Service	Yes - throughout Scotland
Children's Hearings	Yes - throughout Scotland
Criminal Injuries Compensation Appeals Panel	Yes - in Glasgow. Other accommodation is hired elsewhere in Scotland on a rolling programme
Crofters Commission	No - hearings are usually held locally
Education Appeal Committees	No - hearings held in various local authority premises
The Employment Tribunal	Yes - in Aberdeen, Dundee, Edinburgh and Glasgow
General Commissioners of Income Tax	No - hearings usually held in the local Clerk's office
Asylum and Immigration Tribunal	Yes - in Glasgow
Lands Tribunal for Scotland	Yes - in Edinburgh although tribunal sits in other parts of the country as demands justify
NHS Discipline Committees	No - hearings usually held in NHS premises throughout Scotland
NHS National Appeal Panel	No - hearings held locally usually in NHS premises or sometimes utilising facilities of a local hotel
Pensions Appeal Tribunals for Scotland	Yes - in Edinburgh
Police Appeal Tribunal	No - hearings held locally, usually in council buildings
Rent Assessment Committees	Secretariat based in Glasgow which sometimes houses a Committee hearing. On most occasions hearings held locally sometimes in an hotel or in the applicant's home.
Scottish Parking Appeals Service	Yes - secretariat based in Edinburgh where hearings for that city are held. As more cities sign up for this regime, the Service hires a network of independent venues to accommodate local hearings
Traffic Commissioners	Yes - in Edinburgh
Valuation Appeal Committees	No - hearings usually held in a variety of local premises
Value Added Tax & Duties Tribunal	Yes - in Edinburgh although the tribunal sits in other areas of Scotland as the need arises

^ contents

Part 3: Accommodation used for hearings: meeting the Standards

Framework of Standards

8. We mentioned earlier in this report that the Council on Tribunals and its Scottish Committee had produced a Framework of Standards in November 2002. This Framework is used by our members when visiting tribunal hearings and provides a mechanism for giving feedback to the tribunal systems. Standard 2, which records that tribunals should be accessible to users and focus on their needs, is effectively the one which our member will use to gauge the suitability of premises.

9. In judging compliance with Standard 2 we have regard for the following areas:-

independence of the hearing venue and separation from the relevant department
convenience and accessibility
access and provisions for those with special needs
car parking
reception area and signposting of the hearing venue
the provision of waiting rooms for all parties
comfort and cleanliness
toilets and refreshments
room layout and parity in seating arrangements for both parties
introductions and use of nameplates
audibility of proceedings
availability of a payphone

10. As can be seen from the above list, all of the categories which our visiting member considers are fairly straightforward and should be provided by tribunal systems. In the main our findings report favourably on this standard and reflect that many of the categories are being met. However our visits have also shown that there are significant lapses such as poor introductions, lack of signposting and refreshments, inaccessible toilets, all of which could be solved without incurring major costs to the tribunals. A more detailed analysis taken from the Committee's visits is recorded in the next section of this report.

Independent venue

11. We are told that not all systems have the required resources to use hearing centres which are independent of the organisation under which they operate, particularly in appeal systems under local authority control. However, we consider it reasonable for a hearing to take place in a setting which truly reflects that the tribunal is an independent decision making body. For example, the hearing could be held in another building which has no obvious connection with the department involved in the appeal. It can be done: our experiences show that some local authorities have introduced such measures quite satisfactorily, for example holding hearings in their Registrar's facilities. Although council run, these offer a clearly independent setting in which the hearing can take place. We have also noted that appeal systems attached to the NHS are able to use other NHS facilities to hold a hearing in premises which offer an independent setting.

The venue

12. Ideally the tribunal venue should be clearly signposted with someone in the reception area with responsibility for showing people attending where to go and where to find things such as the hearing room and the toilet facilities. In the absence of personnel, clear signposting would help. It takes very little effort to ensure that the waiting area, the hearing room and toilet facilities are clean and tidy. Whilst we recognise that many people now have mobile phones, we think it is still important for a payphone to be in place or at least the use of a phone to be readily available when required. It is also desirable that some provision for refreshments is made even if it is just a water cooler.

Access for those with special needs
13. On the whole much has been done to improve access but we found some premises being used which do not comply with the Disability Discrimination Act. There are still doors which are not wide enough for the passage of a wheelchair and still premises where steps to the hearing accommodation have to be negotiated. Although many systems now routinely ask at the time an appeal is lodged whether special facilities are necessary, and react accordingly, more work needs to be done in this area.

Formality

14. Tribunals are a judicial process and must be conducted in a manner befitting that. Although we accept that the gravity of some matters calls for a more formally structured setting, many systems do not require such an approach. There is much which can be done to make the process less intimidating for users, especially appellants who are unrepresented, and the layout of the hearing rooms, as well as the actions and attitude of the Chair and any panel members, can make a tremendous difference. We found the majority of tribunals to be run with a satisfactory degree of flexibility in an informal, but still suitable, setting which made the process as relaxed as possible but still allowed the procedures to be followed properly.

Parity of treatment

15. It is essential that all parties to any hearing are shown parity. It should be obvious in the matter of seating arrangements that suitable arrangements have to be made to ensure equality of treatment. On occasion it has been less obvious to those organising and chairing hearings that parity must apply also to presenting officers and other officials so that these persons are not alone with the hearing panel when the appellant or one party is not present and waiting facilities need to be in place for this.

Shared Accommodation

16. In 1996 the Council on Tribunals and its Scottish Committee, in conjunction with the Property Advisers to the Civil Estate, produced the last edition of a Tribunal Hearing Accommodation Register. This Register was an attempt to provide tribunal systems operating throughout the UK with a list of available accommodation which could be shared by other tribunals. Unfortunately it became apparent that there was a general apathy towards this whole enterprise and the Register is no longer produced. The Scottish Committee regards this as a missed opportunity.

17. We think that many tribunals would benefit from sharing accommodation particularly when it involves a tribunal needing to sit in a location on a one-off basis. This could certainly be the case when a rural hearing has to be organised but it could be considered also in almost any setting. It would make sense to contact another system to see if it has accommodation available before making alternative arrangements.

Information to appellants

18. When a visit to a tribunal is organised, one of the first things our member considers is the actual physical condition of the venue that is being used for the hearing. He or she will look at this from the viewpoint of an appellant attending a tribunal.

19. The member will consider how easy the building was to find and whether it was easily accessible by public and private transport. In most cases, as part of the visit arrangements, our member will have been provided with the same information as the appellant. The journey may seem fairly straightforward to someone who frequently uses a particular tribunal or to individuals familiar with the cities that house the tribunals, but to someone who has never visited that place or someone attending from a rural community it can be daunting.

20. Individuals are appearing before tribunals in cases which may affect their life or livelihood. We think it is imperative that the information given to appellants is clear and easily understood and a contact name and telephone number should be included as standard practice. Details relating to public transport and car parking facilities should also be included along with what payments appellants or their witnesses are entitled to claim towards meeting the costs of their travel to attend the hearing.

The Tribunals Service

21. The White paper 'Transforming Public Services: Complaints, Redress and Tribunals' set out detailed plans for the creation of a new service which will be entitled the Tribunals Service. Whilst the Tribunal Service will effectively concentrate on matters in England and Wales since it is concerned only with tribunals operating under GB-wide legislation, it will undoubtedly impact on those GB tribunals which hold many - often daily - hearings in Scotland. The Tribunal Service will see the coming together of some major tribunals on a rolling programme from 1 April 2006. Within its remit we expect the Service will look at the benefits of sharing resources which will include tribunal hearing rooms.

22. A model for the future may be the Newport Tribunal Hearing Centre which opened in January 2005. In addition to being Wales' only dedicated immigration and asylum centre, it is a venue for Pensions Appeal Tribunals, the Criminal Injuries Compensation Appeals Panel and in the future will look to host other tribunal hearings. The Centre houses nine hearing rooms and ancillary accommodation including an IT training suite, library, conference and prayer rooms. There are facilities for the Home Office, Immigration Advisory Service, Refugee Legal Council and interpreters, as well as a self-contained unit for Pensions Appeal Tribunals complete with a hearing and medical room.

23. The Committee commends of this form of development and we would encourage communication between the various jurisdictions which would enable such facilities to be established in the main centres of population.

Conclusion

24. There is nothing in this report which should come as a surprise to any of the tribunals under our statutory supervision. Since the introduction of our feedback policy we highlight to each system both the positive and negative aspects from our visits and this includes accommodation issues. The suggestions we make are all easily achievable and do not require vast sums of money to be invested. Whilst appreciating that the needs of the system must be met we would urge the administrators of the tribunal systems to consider the needs of the appellant.

25. From the evidence of its findings the Scottish Committee believes that most tribunal systems are meeting the standard. Hearings are normally in premises which are independent, they are quite easy to get to and provide the foundations for a fair hearing to be achieved. We are also impressed by the efforts of many tribunals to take the hearing to a local setting and on some rare occasions we have visited a hearing taking place in an appellant's home.

26. Where we have concerns we make them known. We expect that any serious failings will be addressed by the system concerned or by the relevant department and we would normally revisit the premises in question or maintain contact with those responsible for the tribunal's premises until we are satisfied that any possible remedial action is being taken.

27. The Scottish Committee would like to take this opportunity to convey its thanks to tribunals for their co-operation with the visit arrangements to the hearings observed.

^ contents

Part 4: Record of visits to tribunals

During the period November 2002 to December 2004 visits were made to 73 tribunals

Tribunal	Location
The Appeals Service	Aberdeen, Dundee, Edinburgh, Galashiels, Glasgow, Inverness, Irvine, Kirkcaldy and Stirling
Children's Hearings	Ayr, Bathgate, Dunfermline, Elgin, Falkirk, Girvan, Inverness and Oban
Criminal Injuries Compensation Appeals Panel	Glasgow
Crofters Commission	Inverness and Lochcarron
Education Appeal Committees	Aberdeen, Ayr, Bellshill, Cumnock, Dundee, Edinburgh, Forfar, Glasgow, Greenock, Inverness, Irvine, Keith and Peterhead
The Employment Tribunal	Aberdeen, Dundee, Edinburgh and Glasgow
General Commissioners of Income Tax	Aberdeen
Asylum and Immigration Tribunal	Glasgow
Lands Tribunal for Scotland	Edinburgh and Perth
NHS Discipline Committees	Dumfries, Dundee, Edinburgh and Glasgow
NHS National Appeal Panel	Duntocher and Port Glasgow
Pensions Appeal Tribunals	Edinburgh
Planning Inquiries	Edinburgh and Stirling
Police Appeal Tribunal	Dumfries, Edinburgh and Inverness
Rent Assessment Committee	Dundee
Scottish Parking Appeals Service	Edinburgh, Glasgow and Perth
Traffic Commissioners	Edinburgh and Skye
Valuation Appeal Committees	Ayr, Edinburgh, Jedburgh, Perth and Stranraer
VAT and Duties Tribunal	Edinburgh

^ contents

Part 5: Findings from visits undertaken to tribunal hearings during the period November 2002 to December 2004

Separation from the relevant Department

28. In this category the Committee concluded that 76% of the venues visited could be viewed as being independent from the decision making organisation with no perceived links to the department/authority. The downside was that 24% did not offer an independent setting and of those, 18% were totally unacceptable.

29. Members' reports indicate that the tribunal systems which have no dedicated premises for holding hearings are the systems that have a problem in providing an independent venue. Whilst the Committee appreciates that sometimes hearings are held wherever accommodation is offered - usually free of charge or at a reduced cost - this concept needs to be carefully examined. Holding an Education Appeal Committee hearing in the headquarters of the Education Authority or a NHS hearing in NHS premises throws into question the perception of the independence of the tribunal.

30. We have welcomed the initiative of some local authorities in utilising a Registrar's premises to get round this problem. Whilst the venue is still under the remit of the local authority it can be seen to have no connection with the department being appealed against.

Positive comments	Negative comments
Premises totally separate	This is the headquarters of the Education Department whose decision is being appealed
Premises totally separate	While the premises are ideal and a big improvement on what they had in the past, they house the organisation being appealed against

31. 94% of the hearings were considered to be held in venues that were central and easy to access.

Positive comments	Negative comments
Two minutes from the station with frequent trains to Glasgow	Accommodation not in the city centre so appellants from a wide area who may not be in good health may have a long journey
Good internal bus service

Access and provision for those with special needs

32. When the Disability Discrimination Act 1995 came fully into force in October 2004 it required providers of goods and services to make reasonable adjustments to the physical features of the buildings to make their services more accessible to disabled people. The Scottish Committee has always taken an interest in this aspect when visiting tribunal premises and the Act reinforced the need for tribunals to address this important issue. Our visits have shown that 75% of the premises visited have indeed achieved a satisfactory marking but sadly there is still 25% of premises requiring some form of action to be taken to make the venue more accessible or to improve the provision for those who have special needs.

Positive comments	Negative comments
Disabled car parking and ramp available	There are no provisions for the disabled
	It is possible to use a room downstairs if wheelchair access is required. This is entirely dependent on the goodwill of the Registrar
	A ramp for disabled access has been created at the rear of the building but it was totally blocked by wheelie bins and rubbish

Car Parking

33. 80% of the hearings were held in areas with nearby car parking available although this could be quite expensive.

Reception/Signposting

34. 73% of the venues had suitable signposting in place with a dedicated reception area to welcome attendees.

Positive comments	Negative comments
The building is signposted and the clerk was waiting in the hallway	None, no central information point. The building housed a number of GPs' surgeries each in its own section. If you stood around long enough someone eventually asked if she could help
A receptionist/doorkeeper is seated at a table very close to the entrance of the building and directs people to the various agencies	No reception or signposting specifically for the hearing

Waiting Rooms

35. We found that 76% of the venues offered suitable waiting rooms and of the 24% which did not, only 4% of these offered totally unsatisfactory facilities. We are told that it is not always possible to provide a waiting room for those attending a hearing, particularly when it is held in local premises hired on an ad hoc basis. We consider that this should be accepted by the tribunal only in an exceptional case.

Positive comments	Negative comments
One of the best facilities I have visited	This consisted of chairs outside the Committee room
Open plan waiting room plus several additional offices used by legal representatives	This consisted of chairs outside the Committee room

Comfort/cleanliness

36. The Committee had no real concerns in this area with 96% of the venues visited meeting the required standard.

Toilets and refreshments

37. The Committee found that the toilet facilities at most hearings are of an acceptable standard and that refreshments of some kind were often provided to those attending.

Positive comments	Negative comments
Commensurate with a modern council office, tea and biscuits for everyone	Refreshments on view for the panel but none for the parties
	The hearing room had a key pad lock so any visitor using the toilet facilities could not re-enter the hearing without finding a tribunal official and explaining where they had been

Room layout and parity with seating arrangements

38. Our members have reported that, in the main, tribunals address both of these issues well with 76% of the hearing rooms visited being laid out in a manner that was conducive to the right atmosphere being achieved. We found that 87% achieved parity between all parties attending the hearing.

Recommendation 7 we encourage those responsible for physically arranging the hearing room to strive for a degree of informality. We appreciate that certain hearings will require a formal setting and we accept this need. From the perception of the appellant the tribunal should encourage parity between all parties, including as they enter and leave the hearing.

Introductions and nameplates

39. Members reported favourably on both of these aspects with 84% of the hearings being introduced in a manner which benefited all in attendance. The use of nameplates is on the increase.

Recommendation 8 introductions should be used to set the scene and explain the roles of all involved. At the start of the hearing the Chair should introduce everyone present and indicate in what capacity they are there. We would also like to see nameplates in use at all hearings.

^ contents

Part 6: Summary of Recommendations

We expect that all tribunals, whether large or small, sitting daily or infrequently, will familiarise themselves with the Framework of Standards

We recommend that:-

independent venues are used
tribunal systems examine carefully the difficulties faced by appellants in reaching the hearing venue
access and provisions for those with special needs are in place
signs to hearing venues are in place and someone is on hand to direct or meet those attending
waiting rooms and private discussion areas are provided for all parties
refreshments and easily accessible toilet facilities are available
the room layout reflects parity of treatment as well as the formality/informality of the proceedings
introductions are made, roles explained and nameplates used
the benefits of sharing tribunal hearing rooms/services are considered

We think that there are real opportunities for making better use of resources within the existing tribunal framework and the recommendations made in this report are realistic and achievable.

^ top

Tribunal Premises in Scotland

Contents:

Part 1: The Purpose of this Report

We aim to provide information and comment on a wide variety of tribunal premises currently in use in Scotland. We draw attention to good and less good premises. We make proposals for improvement.

Part 2: Location of hearing venues in Scotland

Part 3: Accommodation used for hearings: meeting the Standards

Framework of Standards

Independent venue

The venue

Formality

Parity of treatment

Shared Accommodation

Information to appellants

The Tribunals Service

Conclusion

Part 4: Record of visits to tribunals

During the period November 2002 to December 2004 visits were made to 73 tribunals

Part 5: Findings from visits undertaken to tribunal hearings during the period November 2002 to December 2004

Separation from the relevant Department

Access and provision for those with special needs

Car Parking

Reception/Signposting

Waiting Rooms

Comfort/cleanliness

Toilets and refreshments

Room layout and parity with seating arrangements

Introductions and nameplates

Part 6: Summary of Recommendations

We think that there are real opportunities for making better use of resources within the existing tribunal framework and the recommendations made in this report are realistic and achievable.