Tribunals Unification – the next phaseOn 1 April 2009, a new Tax Chamber will be added to the First-tier Tribunal with a right of appeal to the new Finance and Tax Chamber of the Upper Tribunal as part of the next phase in this unification process. The Tax Chamber will replace the following four existing Tax tribunals which hear direct and indirect taxation appeals, namely:
The administration for the Family Health Services Appeal Authority (Family Health Services Appeal Authority) for England and Wales will also transfer to the Tribunals Service on 1 April 2009. More information about ongoing reform is available on the Tribunals Service website Featured ItemsFeature: Professor Michael Adler
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Professor Michael Adler provides an illuminating view into the motivation behind, and findings of, his recent research into the impact of advice and representation on success rates in tribunals. |
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Opinion: Paul Newell
LSC response to article by Sheila Carrick (pdf, 0.1MB)
Paul Newell, the Head of Civil Policy in the Legal Services Commission, responds to Sheila Carrick's article in the last edition of Adjust concerning the impact of fixed fees for mental health review legally-aided representation in the South West.
Editor's Note: Sheila Carrick's article is reproduced here (pdf, 0.1MB). This version differs slightly from that published in the last edition of Adjust, with unnecessary qualifying text removed from the second paragraph to ensure accuracy of information.
Opinion: Celia Biduk
BID's Perpective on Immigration Detention (pdf, 0.1MB)
Celia Biduk, on behalf of Bail for Immigration Detainees (BID), highlights the issue of immigration detention and outlines the work of BID in disseminating legal advice and information to immigration detainees on bail.
Scotland
Tribunal reform – Exploring the Options
On 12 January 2009, the AJTC's Scottish Committee hosted a seminar to provide stakeholders with an opportunity to express their views about the Administrative Justice Steering Group's interim report, "Options for the Future Administration and Supervision of Tribunals in Scotland".
Workshop for Education Appeal Committee Clerks in Scotland
The Scottish Committee is holding a workshop in Edinburgh on Friday, 3 April 2009 which will provide an opportunity for EAC Clerks to meet and discuss the sharing of best practice. Further information can be obtained by contacting the SCAJTC Secretariat.
Tribunal Training in Scotland
On the 30 January 2009, the University of Aberdeen Law School published a report evaluating training provided to chairs and members of tribunals that sit in Scotland.
Lord Justice Carnwath's speech in Edinburgh (pdf, 0.1MB)
The Senior President of Tribunals, Lord Justice Carnwath, spoke on 'Tribunal Reform – The Scottish Dimension' on 11 February 2009.
Wales
Feature: Sian Mills
Special Educational Needs Tribunal for Wales (SENTW) User Group (pdf, 0.1MB)
Sian Mills, acting Secretary of SENTW, outlines the role and utility of SENTW User Group in improving the tribunal's performance and responsiveness.
Welsh Affairs Committee: Inquiry into Legal Services Commission Cardiff Office
On 4 November 2008, the Legal Services Commission announced that as part of a refocus of financial resources and reorganisation, it was transferring business support from its Cardiff office to other centres in England. The Welsh Affairs Committee (UK Parliament) will undertake an inquiry examining the LSC's decision to reduce its operations in Cardiff. The inquiry will take evidence from the Ministry of Justice, which sponsors the non-departmental public body, in a session to be held on 24 March 2009.
Acas Wales:
Dispute Resolution Conference
Acas Wales is holding a Dispute Resolution Conference on 27 March 2009 at the Vale Hotel and Spa, Hensol, Cardiff.
People
New AJTC member
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Professor Andrew Coyle has been appointed as a member to the AJTC and its Scottish Committee from 2 September 2009. Professor Coyle is Professor of Prison Studies and the former Director of International Centre for Prison Studies between 1997-2005 at Kings College, University of London. |
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New Scottish Committee Members
Two new members, Mr Richard Henderson and Mr Michael Scanlan have been appointed to the Scottish Committee of the AJTC. Their appointments commenced on 5 January 2009.
Richard Henderson is the current president of the Law Society of Scotland and a former solicitor to the Scottish Executive and Head of the Government Legal Service for Scotland. Michael Scanlan is a senior partner at Russells Gibson McCaffrey and a former President of the Law Society of Scotland (1999-2000).
New Chamber Presidents appointed to the Upper Tribunal
On 9 March 2009, The Honourable Mr Justice Hickinbottom was appointed a President of the Upper Tribunal (to preside over the Administrative Appeals Chamber) until 20 April 2009, The Honourable Mr Justice Walker was appointed President of the Upper Tribunal (to preside over the Administrative Appeals Chamber) with effect from 21 April 2009 and The Honourable Mr Justice Warren was appointed President of the Upper Tribunal (to preside over the Finance and Tax Chamber) with effect from 1 April 2009.
Chief Ombudsman for Office for Legal Complaints
Adam Sampson, the current Chief Executive for the housing and homelessness charity, Shelter, has been appointed Chief Ombudsman for the Office for Legal Complaints (OLC) from 1 July 2009. Six members were also appointed to the OLC, following the Justice Select Committee's confirmation of Elizabeth France's appointment as OLC Chair. The OLC has been established to develop and administer an independent ombudsman scheme to handle consumer complaints about legal services.
Appointment of President of the Valuation Tribunal for England
Professor Graham Zellick has been appointed the President of the Valuation Tribunal for England, with effect from 5 January 2009.
Information Commissioner
Christopher Graham, the current Director General of the Advertising Standards Authority, has been selected as the preferred candidate to take over as Information Commissioner when Richard Thomas retires in June 2009.
Employment
New Procedures for Resolving Workplace Disputes
From 6 April 2009, there will be a new way of dealing with workplace disputes. The three-stage statutory procedures for discipline and grievance have been simplified, and these procedures will be supported by a statutory Acas code of practice.
Acas training events
Acas is launching a series of training events for employers, managers and human resource professionals across the country on the new revised Code of Practice on discipline and grievance and other non-statutory guidance. Further details are available on the Acas website.
Immigration and Asylum
Monitoring the UK Border Agency –
House of Commons report
The Home Affairs Committee in the House of Commons has produced a report, 'Monitoring the UK Border Agency – First Report of Session 2008-09' which was published on 12 January 2009. This report was compiled from oral evidence provided by the Chief Inspector of the UK Border Agency and the Independent Monitor of Entry Clearance Refusals without the Right of Appeal.
UK Borders Agency's Response to National Audit Office report on management of asylum applications
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The Chief Executive of the UK Borders Agency, Lin Homer, has responded to the National Audit Office's report, 'Management of asylum applications by the UK Border Agency'. |
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Borders, Citizenship and Immigration Bill
The Borders, Citizenship and Immigration Bill was introduced in Parliament on 15 January 2009. The Bill lays down a new approach to British citizenship, requiring all migrants to speak English and obey the law if they want to stay permanently in Britain.
Consultation responses to 'Immigration appeals: Fair decisions, faster justice'
The above consultation about proposed reforms to the immigration appeals process has closed and the responses received can be viewed. The AJTC's response is also available on its website.
Education
Fiona Jones – Jack's Story
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This piece, which appears in 'the Journal online' reflects concerns about education appeals previously raised by the Scottish Committee of the former Council on Tribunals. |
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"Ear to Listen" education advocacy project: parliamentary question
On 4 March 2009, the Secretary of State for Children, Schools and Families was asked a parliamentary question about the AJTC's recommendation to consider seriously the findings from the "Ear to Listen" project run by Save the Children UK.
Health
First NHS Constitution Launched
The first NHS Constitution was launched on 21 January 2009. The Constitution outlines patients' rights, legal entitlements and responsibilities and how they can exercise their rights. It also contains a range NHS commitments in the form of pledges to patients, public and staff.
Reform of Health Professions' Regulators
The new General Chiropractic Council became effective from 9 February 2009, the third new council established following recommendations in the 2007 White Paper, "Trust, Assurance and Safety". Other councils established include the Nursing & Midwifery Council and the General Medical Council.
Administrative Justice
Regionalisation of the Administrative Court
The Administrative Court has been established in four regional centres, Cardiff, Birmingham, Manchester and Leeds pursuant to the 'Justice Outside London' report published in January 2007. The Administrative Court will also be established in Bristol once construction of their new court building is complete.
Tribunal Procedure Rules and Reports
The Tribunal Procedure Committee (TPC) is consulting on draft procedure rules for the proposed General Regulatory Chamber of the First-tier Tribunal. The deadline for submissions is Friday 8 May 2009.
The Upper Tribunal's first reports may be viewed here.
Ombudsmen
Improving public service: a matter of principle
The Parliamentary and Health Service Ombudsman, Ann Abraham, has published her second report about how government bodies and the NHS handle complaints. This report forms part of an ongoing series of complaint digests published by the Parliamentary Health Service Ombudsman.
Local Government Ombudsman
The Local Government Ombudsman found that maladministration leading to injustice occurred in three complaints made about Transport for London, where Bailiff action was taken in relation to fines which motorists had already paid via payment cheques. more
The Local Government Ombudsman has produced a follow up report about Castle Morpeth Council's failure to consider her earlier report. The follow up report said failure to consider her report, which found that the Council had unreasonably sought to enforce conditions for the construction of a self-built timber/log kit home, amounted to non-compliance with the law. more
Research
Review of Regulation of Law Firms: Call for Evidence (pdf, 0.1MB)
The Rt Hon Lord Hunt of Wirral MBE released a consultation paper on 15 January 2009, calling for evidence to inform his review of regulation of law firms. The consultation period runs for twelve weeks until 9 April 2009.
Civil and Social Justice Survey (pdf, 0.3MB)
The Legal Services Research Centre has published a report outlining the results from its 2007 English and Welsh Civil and Social Justice Survey.
Housing Law – Southwark Pilot Report
Advice Services Alliance has published a report of its pilot work with Southwark Law Centre to collect information about the outcome of its housing law work.
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 MARCH 2009 |  |