Features

Tribunal User Groups Survey Report (pdf,0.1MB)

In 2007 the Council on Tribunals, now the Administrative Justice and Tribunals Council, undertook a short survey focussing on the operation of tribunal user groups (sometimes known as 'stakeholder' groups). The purpose of the survey was to obtain some basic information about how tribunal user groups operate and, by seeking views from external attendees of user groups to establish whether it was possible to identify examples of best practice in their operation.

Professionalism in Decision Making and Appeals (PIDMA)

Pauline Thompson, Head of the PIDMA programme, talks to Adjust about the introduction of an innovative work based learning programme in the Disability and Carers Service (DCS). The programme leads to accreditation and higher education awards for decision-makers and their Managers.

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Wales

Appointment of Chairman of the Welsh Committee of the AJTC

On 13 February 2008 the First Minister for Wales, Rhodri Morgan, named Professor Sir Adrian Webb as the first Chair of the Welsh Committee of the Administrative Justice and Tribunals Council (AJTC). Sir Adrian will commence his appointment as Chair on 1 June 2008 but will become a member of the AJTC itself on 1 May 2008.

Appointment of Public Services Ombudsman for Wales

Peter Tyndall has been appointed Public Services Ombudsman for Wales. Mr Tyndall takes on his new duties on 21 April. His appointment follows the retirement of his predecessor as Ombudsman, Adam Peat.

Legislative Competence Order on Additional Learning Needs

On 9 April the first Order in Council under the Government of Wales Act 2006 to give new legislative powers to the National Assembly for Wales was approved by Her Majesty in Council.

The National Assembly for Wales (Legislative Competence)(Education and Training) Order 2008 empowers the National Assembly to pass primary legislation on additional learning needs in Wales, including provision relating to the Special Educational Needs Tribunal for Wales.

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Scotland

Conference Report: AJTC Scottish Committee

On 12 February 2008, the Scottish Committee of the AJTC held its conference "Advancing Administrative Justice and Tribunals - looking at where we are now and where we go from here". It was attended by about 80 delegates from the tribunals world, the wider administrative justice field and academia.

Effective Government: Simplifying the Public Sector

On January 30, 2008, the Scottish First Minister Alex Salmond made a statement in Parliament about the Scottish Government's plans to simplify public services, including an intention to reduce the 199 national public service organisations by at least 25 per cent, with the aim of achieving less duplication and bureaucracy.

The plans include review of some tribunals, taking account of Lord Gill's review of the civil courts and Lord Philip's review of administrative justice, to streamline and improve their operation and administration.

Consultation Paper: Modernising Planning Appeals

The Scottish Directorate of the Built Environment is inviting responses to its consultation paper on proposed changes to the planning appeal system by 9 May 2008.

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People

Appointment of President of Charity Tribunal

The Lord Chancellor, the Right Honourable Jack Straw MP, has appointed Alison McKenna to be President of the Charity Tribunal. Alison was called to the Bar (M) in 1988 and admitted as a solicitor in 2003. She was appointed as a Legal Member of the Mental Health Review Tribunal in 2002 and is an experienced specialist practitioner in charity law, heading the charities team at Wilsons Solicitors LLP since 2002.

Alison will be supported by five legal members and seven non-legal members. They are currently being recruited by the Judicial Appointments Commission for appointment by the Lord Chancellor. The Tribunals Service expects legal members to be in place in the spring and the non-legal members in the summer.

Appointment of President of the Consumer Credit Appeals Tribunal

The Lord Chancellor, the Right Honourable Jack Straw MP, has appointed His Honour Judge Wulwik to be President of the Consumer Credit Appeals Tribunal for a period of one year with effect from 6 April.

Judge Peter David Wulwik (57) was called to the Bar (G) in 1972. He was appointed as an Assistant Recorder in 1995, a Lawyer Chairman of the Rent Assessment Panel in 1999, a Recorder in 2000, and a Circuit Judge on the South Eastern Circuit in 2004. Judge Wulwik has also been a member of the panel of Chairmen who hear appeals to the Secretary of State under the Consumer Credit Act 1974 since 2003.

Honorary Queen's Counsel 2008

Her Majesty The Queen has approved the appointment of five Queen's Counsel honoris causa.

Former Council on Tribunals member, Professor Martin Partington CBE has recently retired from the Law Commission and was recommended for his work in a number of fields, such as housing and tribunal law, including service as a Law Commissioner.

• Janet Gaymer CBE is the Commissioner for Public Appointments and was recommended for her work on the development of employment law.
• Professor Richard Macrory CBE is a professor at the Faculty of Laws, University College London and was recommended for his work on the development of environmental law.
• Professor Margaret Brazier OBE is a professor of law and co-director of the Centre for Social Ethics and Policy at the University of Manchester and was recommended for her work on medical law.
• Professor David Feldman is the Rouse Ball Professor of English Law at Cambridge and was recommended for his work in public law fields, particularly civil liberties and human rights.

The Secretary to the Scottish Committee

Marjorie MacRae, the Secretary to the AJTC's Scottish Committee, retired at the end of March after 13 years service. At the AJTC's March meeting the Chairman, Lord Newton, paid tribute to her outstanding contribution to the work of the Scottish Committee and the AJTC (and the Council on Tribunals before that). Her successor as Secretary, Debbie Davidson, takes up her appointment on 1 May 2008.

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Tribunals

Citizens Advice Response to Transforming Tribunals Consultation

Citizens Advice has published its response to the Transforming Tribunals consultation. The response includes feedback to the Ministry of Justice on how users perceive the tribunals system and the quality of decision-making, and how this should bear on the structure of the new tribunals system.

Parliamentary Debate: Pensions Appeal Tribunals

On 25 February, Lord Morris of Manchester raised the Transforming Tribunals consultation in the House of Lords, questioning whether the Social Entitlement chamber is the appropriate place for the Pensions Appeal Tribunals.

The Work and Operation of the Copyright Tribunal (pdf,0.8MB)

The Innovation, Universities & Skills Parliamentary Committee has conducted an inquiry into the operation of the Copyright Tribunal.

Tribunals Service Business Plan 2008/09 (pdf,0.5MB)

The Tribunals Service has published its Business Plan for 2008/09.

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Education

Admission Appeals: Review by the Office of the Schools Adjudicator

The Office of the Schools Adjudicator (OSA) has been asked by the Department for Children, Schools and Families to conduct a review to establish whether, in addition to the reviews conducted by the AJTC, the OSA should make routine checks on the conduct of admission appeals processes.

Holly Turner, Secretary to the Office of the Schools Adjudicator, provides some background to the review, and explains the process by which it was undertaken.

School Admissions and Parental Preferences for 2008

On 11 March the Department for Children, Schools and Families published a Written Ministerial statement on schools admissions, including detailed school admissions data.

Internal Review of Compliance with the School Admissions Code

On 2 April the Secretary of State for Children, Schools and Families, Ed Balls, wrote to the Schools Adjudicator outlining the results of an internal review of compliance with the School Admissions Code and admissions legislation.

Primary and Secondary School Admissions and Appeals: A Guide for Parents

The Department for Children, Schools and Families has published a new guide for parents outlining the school admissions and appeals process: what parents can expect from the admissions system, how to object to unlawful arrangements, and how to find further information and support.

Consultation on Draft School Admissions (Alteration and Variation of, and Objections to, Arrangements) (England) (Amendment) Regulations 2008

The Department for Children, Schools and Families is running a consultation on draft Regulations which extend the period in which objections can be made to the Schools Adjudicator, by local authorities, schools, parents and others, about school admission arrangements each year.

Westminster Briefing: Schools Admissions Policy

A Westminster Briefing titled 'Schools Admissions Policy: Restoring faith in the System' will take place on Thursday 8 May 2008. Participants will discuss the latest changes to the system and how this will impact on parents, schools and local authorities.

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Ombudsmen

Lessons from Ombudsmania (pdf,0.1MB)

The National Consumer Council have published a 'fresh thinking' pamphlet, titled 'Lessons from Ombudsmania', examining the private sector ombudsmen landscape and offering suggestions for improvement.

Steve Brooker of the National Consumer Council wrote about the background to the pamphlet's production in the last edition of Adjust.

Injustice in residential care: A joint report by the Local Government Ombudsman and the Health Service Ombudsman for England

The Local Government Ombudsman and the Health Service Ombudsman have issued a joint report on injustice in residential care. This is the first joint report using powers under the Regulatory Reform (Collaboration etc. between Ombudsmen) Order 2007, which has enabled them to work together more effectively in investigating and reporting on complaints which cross their jurisdictions.

When Citizens Complain (pdf,1.9MB)

On 12 March 2008 the Public Administration Select Committee published the first of several reports on its inquiry into Public Services: Putting People First. One of the key themes of this inquiry has been how government and the public services handle and learn from complaints.

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Immigration and Asylum

Fit for Purpose Yet? The Independent Asylum Commission's Interim Findings

The Independent Asylum Commission has released a report of its interim findings of its nation-wide review of the UK asylum system. The Independent Asylum Commission is an unofficial body and has not been funded or otherwise supported by the government.

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Parking

Traffic Management Act: Reform to Parking Laws

The Secretary of State for Transport has published new Statutory Guidance to Local Authorities on the Civil Enforcement of Parking Contraventions.

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International

Report on the desirability of preparing a recommendation on administrative appeals (pdf,0.1MB)

In 2007 the Council of Europe Project Group on Administrative Law carried out a study on member states' law and practice on administrative appeals. On the basis of this study, the Project Group has published a report examining the desirability of preparing a recommendation on administrative appeals as a means of protecting human rights and on access to justice.

Canada

Judicial Dispute Resolution Workshop

The Council of Canadian Administrative Tribunals is holding a one-day workshop on Judicial Dispute Resolution in Ottawa on 25 June 2008.

Alternative Dispute Resolution in Entitlement Tribunals: A Policy Choice (pdf,0.7MB)

In December 2007 the British Colombian Tribunal Dispute Resolution Needs Assessment Project produced its final report on Alternative Dispute Resolution in Entitlement Tribunals.

Hearing Back: Piecing Together Timeliness in Saskatchewan's Administrative Tribunals (pdf,0.4MB)

The Saskatchewan Ombudsman has released his report of a system-wide review into the timeliness of decision-making in administrative tribunals. The Ombudsman identified best practice principles relating to timeliness, drawing on experience and research in the common law jurisdictions of Canada, the UK, Australia and New Zealand. Six Tribunals were evaluated against these best practice principles, resulting in 27 recommendations.

Introduction to Administrative Justice and to Plain English (pdf,0.7MB)

The Council of Canadian Administrative Tribunals has produced a guide on the administrative justice system for tribunal staff and members and for others who need to know how the system functions. The publication describes the administrative justice system, introduces readers to plain language principles and techniques, and contains a plain-language glossary of administrative law terms.

Australia

Best Practice Guides on Decision Making

Pat Thomas, member of the AJTC, provides a summary overview of the 'Best Practice Guides on Decision Making', produced by the Australian Administrative Review Council.

New civil and administrative tribunal for Queensland

Following the recent review conducted by the Queensland Department of Justice and Attorney-General, the Queensland Premier has announced that a civil and administrative tribunal is to be established. The newly amalgamated tribunal aims provide a single gateway to increase the community's access to justice.

The Queensland Premier has also established an independent panel of experts to provide advice on how best to implement the amalgamated tribunal.

Tips and Traps for Regulators

In late 2007 the Queensland Ombudsman released a report discussing the principles of good regulatory practice from a public sector perspective, illustrating those principles by using case studies drawn from investigations conducted by the Ombudsman's Office. It contains suggestions about ways public sector agencies can improve their regulatory practices.

The Unreasonable Complainant Conduct Project

The New South Wales Ombudsman office, in conjunction with all other Australian Parliamentary Ombudsman offices, is in the process of trialling a new approach to unreasonable complaint conduct. A central feature of the project is the shift in focus away from the difficult person to the person's conduct. Read more about the project, along with the 'Unreasonable complainant conduct interim practice manual' and 'Dealing with difficult complaints training workshop' here.-->

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Research

Just satisfaction? What drives public and participant satisfaction with courts and tribunals (pdf,0.5MB)

Richard Moorhead, Mark Sefton and Lesley Scanlan
Cardiff Law School, Cardiff University

This document reports a review of recent evidence (published from 2000 onwards) on what factors may be related to public and participant (non-professional users, witnesses and jurors) satisfaction with courts and tribunals.

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