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March 2001

 



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Consultation


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Contents

Foreword

An Overview

Chapter One   Introduction

Scope
Tribunals or courts
Participation
The need for special expertise
Expertise in administrative law
Distinctiveness
Coherence
The tribunal world today
The relationship with departments
The relationship with users
Procedures

Part I   The Tribunals System

Chapter Two   A more independent system

Other approaches
Franks
European Convention on Human Rights
The scope of the Convention
Previous cases
Double standards
As independent as the courts
Relations with Government
Ministerial responsibility
Procedural reform
The Parliamentary Commissioner for Administration
Modernising services
Appointments

Chapter Three   A more coherent system

The current position
A single system
Disputes between the citizen and the state
Investigatory Powers Tribunal
THE CITIZEN AND LOCAL GOVERNMENT
PARTY AND PARTY TRIBUNALS
Separate administration
Employment Tribunals (ETs)
Courts
Administrative responsibility
Improving policy and procedure
Jurisdiction and costs
Land, property and housing
Intellectual property

Chapter Four   A more user-friendly system

Information for the user
The approach
Information from decision-makers
Information from tribunals
Independent help and advice
Preparation
Representation
User groups
Employment advisers
Costs and conditional fees
Clerks

Chapter Five   The Tribunals Service

A Tribunals Service
Features of an executive agency
User-focussed
Creating the Tribunals Service
Appeals Service example
Initial size and scope of the Tribunals Service
Features of the Tribunals Service
Size and scope
Service to users
A Charter
Business processes
Administrative performance measures
Funding arrangements
Best value services
Savings for departments and authorities

Building afresh

Chapter Six   The Tribunals System

THE STRUCTURE OF THE SYSTEM
Divisions
Constituting the Divisions
First-tier tribunals
Appeals: current position
Appellate tribunals: our proposals
Grounds for appeals: the general rule
Exceptions
Developing the law
Precedent
The place of judicial review
Bowman
Appeal and judicial review
The appellate Division and judicial review
First-tier tribunals and judicial review
Presidents
Regional and District Chairmen
A Tribunals Board
Structure of the Tribunals System
PAY AND CONDITIONS

Rates of pay and conditions of service
Status
Titles

Chapter Seven   The conduct of tribunals

An enabling approach
Appointments
The Presidents’ functions
Chairmen
Non-lawyers
Use of non-lawyers
Assessors
Fairness
Training
Performance appraisal
The Council on Tribunals
A new Association

Chapter Eight   Active case management

Scheduling
Registrars
Procedures: citizen and state tribunals
Procedures: party and party tribunals
Hearings
Alternative Dispute Resolution
The benefits of ADR
Employment Tribunals
Land and property
The way forward

Chapter Nine   Relationship with Departments

Internal review
Responding to the requirements of tribunals
Learning from tribunal decisions
Departments
Tribunals

Chapter Ten   Information Technology

The approach
Administrative efficiency
Improved quality
Public understanding
Greater accessibility
Management information
Public confidence
The future
Practicalities
A legal information database

Chapter Eleven   Devolution

General issues
Wales
Scotland
Northern Ireland

Chapter Twelve   Related bodies

The Council on Tribunals
Professional disciplinary bodies
Market and service regulators
Licensing authorities and other regulators
The Human Fertilisation and Embryology Authority
Ombudsman schemes

Part II   Individual Tribunals

A note on this Part
The Appeals Service
The Criminal Injuries Compensation Appeals Panel
Employment Tribunals and the Employment Appeal Tribunal
The Immigration Appellate Authorities
The Lands Tribunal
Mental Health Review Tribunals in England
The Parking Appeals Service, the National Parking Adjudication Service

PART II Individual Tribunals - continued

The Pensions Appeal Tribunals
Rent Assessment Panels
School Admission Appeal Panels
The Social Security and Child Support Commissioners
The Special Educational Needs Tribunal
Tax tribunals: the General Commissioners of Income Tax
Tax tribunals: the Special Commissioners, the VAT and Duties Tribunal, the Section 703 Tribunal
Tax tribunals: reform of the tax appeals system
Valuation Tribunals
The Australian Example

Part III   Summary of Recommendations

Summary of recommendations

Annex A - List of those who responded to our Consultation Paper

Annex B - Useful websites

Annex C - List of abbreviations used in the report


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