A Right to Administrative Justice?Earlier in the year the AJTC took the opportunity of making an early contribution to what has been described by Ministers as a 'national conversation' on a British Bill of Rights and Responsibilities. In its submission to the Ministry of Justice the AJTC argued that a right to administrative justice is a strong candidate for inclusion in any such document. Government proposals are expected to be brought forward shortly for consultation. The Joint Parliamentary Committee on Human Rights have released a report (pdf,0.9MB) titled 'Human Rights Committee Report: A Bill of Rights for the UK?' also supporting a right to administrative justice. AJTC Publishes Work ProgrammeThe AJTC and its Scottish and Welsh Committees have submitted to Ministers the AJTC's first programme of work. AJTC Chair's Speech:
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Les Allamby, director of Law Centre (NI) and a member of the Social Security Advisory Committee provides an update on administrative justice and tribunals reform in Northern Ireland. |
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Feature: Linda Pearson on an amalgamated Civil and Administrative Tribunal for Queensland
Linda Pearson, of the Faculty of Law at the University of New South Wales, outlines the Queensland government plan to create an amalgamated civil and administrative tribunal.
Scotland
Future Administration and Supervision of Tribunals in Scotland (pdf,0.4MB)
The Administrative Justice Steering Group, under the Chairmanship of Lord Philip, has published its report on the Future Administration and Supervision of Tribunals in Scotland.
The Administrative Justice Steering Group was established in 2006. Its purpose was to commission research and act in an advisory capacity in the preparation of a final report to the Scottish Government on the administrative justice framework in Scotland taking account, among other things, of the likely impact of the Tribunals, Courts and Enforcement Act 2007.
Moving Scotland Forward
On 3rd September 2008 the First Minister, Alex Salmond, announced the Scottish Government's Legislative Programme for Scotland for 2008/09.
Included in this statement was a pledge to identify ways to streamline and improve the operation of tribunals in Scotland in light of the review being led by Lord Philip.
The speech also referred to the Scottish Government's aim to improve public services by tackling blockages, duplication and over-complicated bureaucracy to achieve a more outcome-focused public service and more efficient and streamlined public services. It was announced that the streamlining would see a 25% reduction of the 29 scrutiny bodies currently operating in Scotland. The 29 scrutiny bodies under review include the Scottish Public Sector Ombudsman; Scottish Police Complaints Commissioner; Additional Support Needs Tribunal; Scottish Charities Appeals Panel; Mental Welfare Commission for Scotland; and Office of the Scottish Charities Regulator.
Fit for Purpose Complaints System Action Group: Report to Ministers
Debbie Davidson, Secretary to the Scottish Committee of the AJTC, explains the background to the establishment of the 'Fit for Purpose Complaints System Action Group.'
The Group were set the task of examining the public service complaints handling system, and presented their findings in a report, featuring a number of recommendations, to Ministers on 21 July 2008.
Consultation on reform of the Children's Hearings system (pdf,0.9MB)
The Children's Hearings system is part of the legal and welfare systems in Scotland. A children's hearing is conducted by a lay tribunal. The tribunal is charged with making a decision on whether compulsory measures of supervision are required in the best interests of the child.
The Scottish Government has published a consultation paper seeking views on its proposals to modernise and strengthen the Children's Hearings System. Consultation responses are due by 24 October 2008.
Mental Health Act Review
The Scottish Government has set up an independent group to carry out a review of the Mental Health Scotland Act 2003. The group have published a consultation document setting out key areas for review. The consultation ends on 31 October 2008.
Scottish Legal Complaints Commission
The newly established Scottish Legal Complaints Commission was launched on 1 October 2008. Jane Irvine has been appointed as Chair of the Commission, which will be based at 10-14 Waterloo Place, Edinburgh.
Arbitration (Scotland) Bill
The Scottish Government has published a draft Arbitration (Scotland) Bill, which sets out the legal framework within which an arbitration takes place in cases where parties to a dispute agree to go to arbitration instead of to the courts. The consultation on the bill ended on the 19 September 2008.
Wales
Valuation Tribunal in Wales Reorganisation Consultation (pdf,0.1MB)
The Welsh Assembly Government is seeking views on proposals for the restructuring of Valuation Tribunals in Wales. The consultation includes proposals to establish a single Valuation Tribunal for Wales with a President and Vice Presidents. Consultation responses are due by 24 November 2008.
National Behaviour and Attendance Review (pdf,0.9MB)
The Ministerial Steering Group for the National Review of Behaviour and Attendance has produced a report of its findings. Among other things, it recommends that the Welsh Assembly Government should consider:
- giving parents and pupils the opportunity to access an advocacy support service; and
- putting into place an additional national point of appeal following the independent appeal panel.
New Mental Health Review Tribunal for Wales Rules 2008 (pdf,0.2MB)
New rules for the MHRT for Wales are expected to come into force on 3 November 2008, following a consultation (pdf,0.1MB)consultation by the Tribunals Service which ended on 29 September 2008.
People
Gary Hickinbottom appointed to the High Court
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His Honour Judge Gary Hickinbottom has been appointed to the High Court, with effect from January 2009. He will continue for the time being in his current roles as the first Acting President of the Administrative Appeals Chamber and as Deputy Senior President. |
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New President of Employment Appeal Tribunal
Mr Justice Underhill has been announced as the next President of the EAT. He takes over from Justice Elias P. with effect from January 2009.
Sir Bill Callaghan to Chair the Legal Services Commission
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On 22 July 2008 the Lord Chancellor announced the appointment of Sir Bill Callaghan as the new Chair of the Legal Services Commission |
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Chamber Presidents of the First-tier Tribunal
The Lord Chancellor has appointed the first two Presidents of the First-tier Tribunal - His Honour Judge Robert Ian Martin and His Honour Judge Phillip Sycamore.
New Chief Executive of the Tribunals Service
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Kevin Sadler has been appointed as the Chief Executive of the Tribunals Service. Kevin takes over from Jeanne Spinks who has been covering the role since April. |
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Asylum and Immigration
Proposed reforms to the immigration appeals process
On 21 August 2008 the UK Border Agency announced its consultation on proposed reforms to the immigration appeals process. The consultation closes on 16 October 2008.
Deserving Dignity, the third report of the Independent Asylum Commission
Deserving Dignity is the last of three reports of the Independent Asylum Commission's conclusions and recommendations published in Summer 2008.
Tribunal Procedural Rules
First-tier Tax Chamber (pdf,0.1MB)
The Tribunal Procedure Committee is currently consulting on the new procedural rules for the Tax Chamber of the First-tier Tribunal. The consultation closes on 12 November 2008.
Upper Tribunal Procedural Rules for Tax (pdf,0.1MB)
The Tribunal Procedure Committee is also consultating on how the draft rules for the Administrative Appeals Chamber of the Upper Tribunal should be amended for tax. The Consultation closes on 12 November 2008.
Revised Drafts of First-tier and Upper Tribunal Rules
Revised drafts (dated 19 August 2008) of rules for the Social and Health, Education and Social Care Chambers of the First-tier Tribunal and the Upper Tribunal have been produced, following the Tribunal Procedure Committee's consideration of responses to a consultation on earlier drafts. Subject to minor drafting changes, these are the versions of the rules that the Committee intends to make and submit to the Lord Chancellor in October.
Social Security & Child Support
Report by the President of Appeals Tribunals (pdf,0.8MB)
The President of Appeal Tribunals has published his report on the standards of decision-making by the Secretary of State for 2007/2008.
No one written off: reforming welfare to reward responsibility
The Department for Work and Pensions has released a consultation paper on the future of welfare. Responses are due by 22 October 2008.
Employment
ACAS workload rises
In July 2008 ACAS released figures showing that the number of claims passed to them for conciliation rose by a quarter on the previous year.
Equal Pay Claims – New Acas Guide
ACAS has launched a new guide to help make businesses less vulnerable to equal pay claims. The guide explains how a job evaluation risk analysis should be established and implemented.
Ombudsmen
OFT approves estate agents redress scheme
The Office of Fair Trading (OFT) has approved both the Ombudsman for Estate Agents (OEA) and the Ombudsman Service Limited's application to operate an estate agents redress schemes, under the Consumers, Estate Agents and Redress Act 2007.
The AJTC Chair's concerns regarding a system which allows for regulators to approve competing ombudsmen are outlined in his contributions to the House of Lords Grand Committee and Report stage debates on the Consumers, Estate Agents and Redress Act 2007.
Equitable Life: A Decade of Regulatory Failure
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Ann Abraham, the Parliamentary Ombudsman, has published a report calling on the Government to apologise to Equitable Life policyholders and to establish and fund a compensation scheme for those policyholders. |
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Remedy in the NHS
In a new report Ann Abraham, the Health Service Ombudsman, summarises 12 NHS cases previously investigated by her Office, highlighting examples of both good and bad practice in dealing with complaints.
Handling Complaints
Complaints about the NHS and Social Care
In April 2009, a new two-stage integrated complaints system for dealing with complaints about NHS and Social Care will be introduced in England.
From April 2008 a number of health and social care organisations have been taking part in an 'Early Adopter Programme' run by the Department of Health to pilot the new system. As part of this programme, the Early Adopters will, with effect from August 2008, pilot the two-stage approach in dealing with complaints
NAO Report – Department for Work and Pensions: Handling Customer Complaints
On 23 July 2008 the National Audit Office released their report "Handling Customer Complaints" on the Department for Work and Pensions. This report examined the complaint handling of Jobcentre Plus, The Pension Service and The Disability and Carers Service.
When Citizens Complain: Government Response (pdf,0.8MB)
The Government has responded to the Public Administration Select Committees report When Citizens Complain.
Advice and Representation
Getting past reception: Access and intake systems in Not for Profit legal service providers (pdf,0.4MB)
The Advice Services Alliance has released "Getting past reception", looking at the difficulties that people encounter when seeking assistance for civil law problems.
Dramatic drop in civil legal aid eligibility (pdf,0.2MB)
Adam Griffith, policy officer at the Advice Services Alliance (ASA) has written an article, published in Legal Action and on the ASA website, outlining the drop in civil legal aid eligibility. Civil legal aid funding includes funding for asylum and immigration, education, employment, mental health and community care issues.
Parliament
Parliament Public Administration Committee Report: Entitlements to Public Services (pdf,0.3MB)
The House of Commons Public Administration Committee has released their third report in the series Public Services: Putting People First. The report looks at the "idea of empowering public service users by defining their entitlements to public services".
Public Administration Committee: User Involvement in Public Services: Government Response (pdf,1.0MB)
The government has responded to the House of Commons Public Administration Select Committee report User Involvement in Public Services.
Research
Nuffield Grant: Redress Processes and Administrative Justice
Professor Patrick Dunleavy of the Public Policy Group at the London School of Economics has been awarded £60,044 to conduct research on 'Information redress processes and administrative justice in the UK/England'.
International
New Zealand Tribunal Reform
On 14 July 2008 the New Zealand Courts Minister released a consultation document proposing reform of New Zealand tribunals to create a unified tribunal structure.
Ethics and Tribunal Members (pdf,0.1MB)
Alison Christou presented a paper titled The 'Good' Member: A Virtue-based Approach to Australian Tribunal Work at the Third International Legal Ethics Conference held on July 13-16, 2008. The article considers the special concerns that the administrative law context presents in defining legal ethics for tribunal members.
Australia – new financial ombudsman
The Australian Federal Superannuation and Corporations Law Minister has announced a new Financial Ombudsman incorporating the previous resolution schemes of the Banking and Financial Services Ombudsman, the Financial Industry Complaints Service, and the Insurance Ombudsman Service.
Extension of the European Ombudsman's Powers (pdf,0.1MB)
The European Parliament has adopted Decision 2008/587/EC extending the powers of the European Ombudsman, including the ability to seek classified documentation.
The Ombudsman Phenomenon in African States Public Service (pdf,0.2MB)
This paper, by Dr. Akpomuvire Mukoro of the Department of Local Government Studies Obafemi Awolowo University, Nigeria, examines the office of the ombudsman in the public service of African States.
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 OCTOBER 2008 |  |