Tribunals

Introduction

Tribunals are bodies with judicial functions usually set up by statute but existing outside the usual court system.

They are an alternative to the courts and aim to provide a quick and cost effective means to justice.

Collectively tribunals deal with over a million cases a year.

Tribunals are usually divided into two types:domestic tribunalsadministrative tribunals.

Introduction

Domestic Tribunals These are often used within the

professions to determine questions relating to the professional conduct of their members. This usually involves matters of discipline.

Examples of domestic tribunals include the General Medical Council (GMC), the General Dental Council (GNC), the Bar Council and the

Lee v Showmen’s Guild

Since Lee v Showmen’s Guild of Great Britain (1952) the courts will interfere in any domestic tribunal to ensure that the rules of these associations are correctly interpreted and the principles of natural justice are observed.

Administrative Tribunals These are concerned with

administrative law or matters affecting the rights of a large numbers of persons.

A large number of administrative tribunals have been set up by various statutes. However, there are some tribunals which rarely ever sit and a few that have never sat.

Some Important Administrative Tribunals

Employment Tribunals

Asylum & Immigration Tribunal

Mental Health Review Tribunal

Asylum & Immigration Tribunal

Information Tribunal

Administrative Tribunal Personnel

Most tribunals consist of a legally-qualified chair person with two lay members.

The lay members often can bring expertise to the decision of the tribunal.

For instance, the Employment Tribunal consists of a legally-qualified chairperson, a person who has worked as an employer and a person who has worked as a trade unionist.

Appeals from Administrative Tribunals

Appeal from many tribunals is to the Divisional Court of the Queen’s Bench. For some, such as the Lands Tribunal, appeal lies to the Court of Appeal

However, some tribunals have their own special appeal tribunal. For instance, an appeal from an Employment Tribunal is to the Employment Appeal Tribunal;

The Administrative Justice and Tribunals Council

The Administrative Justice and Tribunals Council (AJTC) keeps the tribunal and administrative justice system under review.

It was established by the Tribunals, Courts and Enforcement Act 2007

It replaced the Council on Tribunals.

Key Duties of the AJTC

To give advice and make recommendations on changes on the workings of the administrative justice system;

To review the relationships between the various components of the administrative justice system (such as ombudsmen, tribunals and the courts);

The Tribunal Service

It provides common administrative support to the main central government tribunals.

It currently has responsibility for 27 tribunals.

It has no responsibility for tribunals devolved to the Welsh Assembly Government or Scottish Executive.

Judicial ControlThe courts can exercise control over an administrative tribunal or inquiry by the following means:

by statutory right of appeal;

by judicial review through the application of the doctrine of ultra vires;

by judicial review because of the denial of natural justice.

Key stages in the Development of Tribunals

Much of the organisation of tribunals can be understood by looking at two important reviews and reports on tribunals.

These are the Franks Committee Report 1957 and the Leggatt Review of 2001.

Franks Committee Report (1957)

The main criticisms of this report were that tribunals did not give reasons for their decisions and there were often no routes of appeal.

Effect of Franks Committee Report

Following the report a number of important changes were introduced to the administrative tribunal system by the Tribunals and Inquiries Act 1958 (with later additions in the Tribunals and Inquiries Act 1971 and Tribunals and Inquiries Act 1992).

Key Changes

Council on Tribunals to supervise the work of most administrative tribunals was established;

tribunals would now give reasons for their decisions;

parties can be represented by a lawyer if they wish;

Effect of Franks Committee Report

all material facts would be disclosed to all parties before the hearing;

hearings would be in public unless public security was involved;

appeals would lie from most tribunals to the Divisional Court of the Queen’s Bench.

Leggatt Review of Tribunals (2001)

The Review of Tribunals chaired by Sir Andrew Leggatt was published in 2001.

This review has made a number of recommendations for the administrative tribunal system.

Leggatt Recommendations

The establishment of a ‘Tribunal Service’ to provide support for all administrative tribunals under a common administrative structure.

To transfer control of all administrative tribunals to the Lord Chancellors’ Department.

Leggatt Recommendations

To make tribunal procedures and appeals routes more user-friendly to encourage complainants to represent themselves.

To group administrative tribunals together in a common Tribunal System headed by a High Court Judge. There should also be a common appeal structure.

Leggatt Recommendations

Case-management and the use of information technology should be improved to ensure delays in hearing cases are avoided.

To improve the training of administrative tribunal chairpersons through the use of the Judicial Studies Board (JSB).

Response to Leggatt

The Government has acted on many of the suggestions of the Review.

A Tribunals Service began work in April 2006 as an executive agency of the Department for Constitutional Affairs and will cover 90% of all tribunal work.

Transforming Public Services: Complaints, Redress and

Tribunals July 2004

A number of important changes to the Tribunal system were proposed in the Government White Paper: ‘Transforming Public Services: Complaints, Redress and Tribunals July 2004’.

Transforming Public Services: Complaints, Redress and

Tribunals July 2004

The proposals included:

a statutory tribunals rule committee;

a more coherent structure of appeals;

a unified tax appeals system; and

a new and enhanced role for the Council on Tribunals.

Progress on the White Paper

The Tribunals, Courts and Enforcement Act 2007 Act is introducing many changes;

The Act introduced the Administrative Justice and Tribunals Council which will have a wider role than the Council on Tribunals;

Tribunal system will also be simplified with the establishment of first-tier tribunals and upper tribunals;

Progress on the White Paper

Many of the new changes to the tribunal system introduced by the Act will be gradually brought in following a period of consultation;

Tax appeals are not expected to transfer into the two-tiered system until April 2009, subject to consultation.

Exercise

Make a list of the advantages and disadvantages of administrative tribunals.

Essay Question

(a) Describe the work of tribunals. [12]

(b) Evaluate the extent to which the tribunal system promotes justice. [13]

Total 25 Marks