Tribunals, Courts and Enforcement Act Implementation
Putting users first
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Bob Chapman is a part-time management consultant working mainly in the legal sector, a member of the Trustee Board of Shelter Cymru (Welsh Housing Aid Ltd.) and a Member of the Welsh Consumer Council. Following 25 years as an advice worker at Citizens Advice Bureaux and local authority Welfare Rights Units, he joined the Legal Services Commission where he became the Acting Wales Director before taking early retirement in 2007. |
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Gareth Lewis is a member of the Employment Appeal Tribunal; a member of Council of the University of Wales and a part-time Director of the Office of the Independent Adjudicator for Higher Education. He was previously Secretary of University College, Cardiff and Deputy Principal and Clerk to the Board of the Royal Welsh College of Music and Drama.
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Rhian Williams-Flew is a qualified mental health nurse and registered social worker. She is a member of the Mental Health Act Commission and is also a lay member of the Mental Health Review Tribunal (England). She was previously a freelance investigator of complaints made by social service users and carers and a Regulatory Inspector for the Commission for Social Care Inspection. |
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Peter Tyndall, Public Services Ombudsman for Wales and Ann Abraham, the Parliamentary and Health Service Ombudsman, are also ex-officio members of the Committee, which is chaired by Professor Sir Adrian Webb.
Wales: Other News
Appointments to new Welsh Consumer Council
Welsh Consumer Minister Gareth Thomas has announced the appointment of Members to the new Welsh Consumer Council (WCC). The following Members have been appointed: Bob Chapman, Hywel Davies, Kevin Fitzpatrick, Marcus Longley, Eifion Pritchard, Malcolm Smith, and John Williams.
A proposed right for children to appeal to the Special Educational Needs Tribunal for Wales
The Welsh Assembly Government is proposing that children with Special Educational Needs should have a right of appeal to the Special Educational Needs Tribunal in Wales. The Welsh Assembly Government is currently consulting on how such a proposal may work. Consultation responses are due by 3 October 2008.
Upper Tribunal to sit in Wales (pdf,0.5MB)
In its response to its consultation on Implementing Part 1 of the Tribunals, Courts and Enforcement Act 2007, the government stated that decisions of devolved Welsh tribunals should be challengeable in Wales, and that this facility should be extended to all First-tier Tribunal decisions generated in Wales. The government is committed to establishing an Upper Tribunal Office in Wales and will explore the suggestion made by several respondents of the possibility of co-ordinating this office with the proposed Administrative Court office in Cardiff.
Public Services Ombudsman Annual Report (pdf,1.2MB)
On 5 June 2008, the Public Services Ombudsman for Wales laid before the National Assembly for Wales the Annual Report for 2007/08.
Scotland
Review of Scotland's Civil Courts
The Lord Justice Clerk Lord Gill is heading a wide-ranging review of Scotland's civil courts and the way they work.
The review, begun in February 2007, is aimed at ensuring that the civil justice system continues to provide an effective and efficient service for any individuals, families, communities and businesses that have cause to use it. Its remit includes the timeline of reporting within 2 years and of making recommendations for changes with a view to improving access to civil justice in Scotland; promoting early resolution of disputes; making the best use of resources and ensuring that cases are dealt with in ways which are proportionate to the value, importance and complexity of the issues raised.
A public consultation exercise begun in March 2008 has now closed and the formal responses can be viewed on the Review website from early July.
Additional Support Needs Tribunals for Scotland – Annual Report 2007-08 (pdf,0.2MB)
The third Annual Report of the President of the Additional Needs Tribunals for Scotland 2007/2008 was published in May 2008.
The report covers a wide range of issues that the ASNTS deals with. The Scottish Committee of the AJTC was particularly interested in the production of a DVD on the Tribunal, which is a welcome aid to users of this tribunal system. The DVD can be accessed through the ASNTS website.
People
Queen's Birthday Honours 2008
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Congratulations to:
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- Colin Milne, President of the Employment Tribunal Scotland, who was awarded a CBE.
- Dr Susan Rowlands, former General Secretary Immigration Law Practitioner's Association, who was awarded an OBE.
- Roger Smith, Director of JUSTICE, who was awarded an OBE.
- Frances Targett, Director of Citizens Advice Cymru, who was awarded an OBE.
- Rhiannon Ellis Walker, President of the Special Educational Needs Tribunal Wales, who was awarded an OBE.
- Sally Lloyd, Tribunals Service Customer Care Manager, who was awarded an MBE.
Asylum and Immigration
Saving Sanctuary: The Independent Asylum Commission's first report
The Independent Asylum Commission has published the first of three reports outlining its conclusions and recommendations resulting from a nation-wide citizens' review of the UK Asylum system.
Work in Progress: Management of Asylum
The National Audit Office are currently examining the management of asylum, focusing on:
- whether the New Asylum Model is efficient and effective;
- whether the Agency has a realistic plan for managing and concluding the 400,000-450,000 legacy cases;
- whether the Agency's Asylum processes are able to cope with demand; and
- where asylum or leave to remain is refused, whether removal is implemented effectively.
It is expected that their report will be published in late 2008.
Education
Schools Admissions Statistics
The Department for Children, Schools and Families published schools admissions appeals statistics on 22 May 2008, showing that just over a third of appeals overall are successful.
Consultation on New Schools Admissions Proposals
On 12 June the Department for Children, Schools and Families released a revised School Admissions Code, School Admission Appeals Code and regulations for consultation. Consultation responses are due by 2 October 2008.
Ombudsmen
Recent developments in the Local Government Ombudsman service
Peter Whiteley, an Investigator at the Local Government Ombudsman (LGO), outlines recent changes in the law that have widened the LGO's powers, and the possible impact of these changes.
British and Irish Ombudsman Association 2008 Annual Meeting
The 2008 Annual Meeting of the British and Irish Ombudsman Association (BIOA) took place in Edinburgh on 9 May at the Royal College of Physicians of Edinburgh. On the previous evening an Association Dinner was held at The George Hotel, following a 'fringe' event for managers and case workers of members schemes held during the afternoon at the office of the Scottish Public Services Ombudsman.
At the Annual Meeting, in addition to the formal business of the Association, external speakers presented on the theme of 'Ombudsmen and the changing world in which we operate'.
New BIOA Chair
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Emily O'Reilly took over the Chair of BIOA at the 2008 Annual Meeting. She is the Association's first Chair from the Republic of Ireland. |
Parliamentary and Health Services Ombudsman
The power of complaints
Ann Abraham, the Parliamentary and Health Service Ombudsman has published a new report - Remedy in the NHS. The report summarises 12 NHS cases previously investigated by the Ombudsman, highlighting examples of both good and bad practice in dealing with complaints.
Principles of Good Complaint Handling – consultation
The Parliamentary and Health Services Ombudsman's Office is working on a project to develop Principles of Good Complaint Handling. They are currently consulting on draft principles, and welcome comments by 12 August 2008.
Good Administration: Why we need it more than ever
On 17 June Ann Abraham, Parliamentary and Health Service Ombudsman, gave a speech on good administration for the Constitution Unit Public Seminars Series 2008. She highlighted the need to strive for improved public administration at a time when the publication of The Governance of Britain Green Paper, the Law Commission's consultation on public law remedies, and the creation of the Administrative Justice and Tribunals Council make administrative justice especially topical.
Independent review of the Financial Ombudsman Service (pdf,0.7MB)
On 9 April, Lord Hunt of Wirral published the report of his independent review of the Financial Ombudsman Service – 'Opening Up, Reaching Out and Aiming High – An Agenda for Accessibility and Excellence in the Financial Ombudsman Service'.
Australian Ombudsman
The expanding Ombudsman role:
What fits? What doesn't?
On 27 March 2008 the Australian Ombudsman Prof. John McMillan gave a presentation to Australia Pacific Ombudsman Regional meeting in Melbourne on the changing and expanding role of Ombudsmen.
Legal Advice and Representation
Working Together for a More Efficient Future
Oliver Toop, Mental Health Policy Developer at the Legal Services Commission (LSC) outlines the mental health whole systems initiative currently being undertaken by the LSC.
LSC sets out its strategic direction for next three years (pdf,0.8MB)
On 12 June 2008, Carolyn Regan, Chief Executive of the Legal Services Commission (LSC), announced the publication of the LSC Strategic Plan for 2008-11.
Citizens Advice Bureaux receive new EHRC funding to tackle discrimination
Twenty Citizens Advice Bureaux across England and Wales have been awarded grants by the Equality and Human Rights Commission to provide advice on discrimination problems and to build people's awareness of human rights and access to justice.
Law Reform
Housing: Proportionate Dispute Resolution
As part of their programme of housing law reform, on 13 May 2008 the Law Commission have published final proposals on housing dispute resolution.
Law Commission's 10th Programme of Law Reform (pdf,0.3MB)
On 11 June the Law Commission published its 10th Programme of Law Reform.
New Law Commissioner
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Lord Chancellor and Secretary of State for Justice Jack Straw has announced the appointment of Elizabeth Cooke as a Law Commissioner. Professor Cooke has been appointed for five years from 3 July 2008. She will be responsible for property, family and trust law projects. |
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Research
Nuffield Grant:
Design and choice of redress mechanism
Ms Varda Bondy of the Public Law Project has been granted £121,192 by the Nuffield Foundation Research Initiative on Administrative Justice, for a conceptual and empirical study of 'Design and choice of redress mechanism'.
Guidance for Researchers: accessing court, tribunal and prison service records
The Ministry of Justice has published updated guidance for researchers on accessing court, tribunal and prison service records.
International
New Human Rights and Legal Affairs Portal launched
The Council of Europe has launched its new Human Rights and Legal Affairs Portal, which has information about standard setting, monitoring and co-operation activities among member states.
Alternative Dispute Resolution – An Effective Means For Tribunals to Achieve Earlier Solutions, Faster Justice (pdf,0.1MB)
The Executive Director of the British Columbian Administrative Justice Office gave a presentation on 'Alternative Dispute Resolution – An Effective Means For Tribunals to Achieve Earlier Solutions, Faster Justice' at the Canadian Institute's Advanced Administrative Law and Practice Conference in May.
COAT Fifth Annual Conference Friday 23 May 2008
The Annual Conference of the Council of Australasian Tribunals (New South Wales) was held on Friday 23 May 2008.
Administrative Justice Research
Are you an academic working in the field of administrative justice?
The AJTC's website has a new section exclusively for promoting research related to the administrative justice field. If you are working in an academic field and wish to publicise your research, please contact us and we would be delighted to consider posting this on our website.
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Advancing Administrative Justice | ADJUST JULY 2008 |  |