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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 Back to the Contents Page
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
Back to the Contents Page
Back
to the Contents Page