Out of the shadows to avoid costly delays: AJTC Chairman launches Strategic Plan
The AJTC's Strategic Plan 2010-13 sets out its new priorities for seeking improvements for users through its own projects, and through advising and encouraging public bodies and other stakeholders. Richard Thomas said "The AJTC has a wide remit and limited resources. We have to be selective and set our priorities. We will be highlighting examples of good practice so that different parts of the public service can learn from elsewhere. But we will not hesitate to spotlight poor practice where change is needed to make processes as easy and stress-free as possible". Publications covering the launch included the Times. Review of Tribunals operating in Wales
The report's primary recommendation is the establishment of a single focal point for administrative justice in Wales. It also argues that learning lessons from appeals, complaints and redress would make for better initial decision-making and reduce the need for appeals. Feature
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Edward Jacobs' new book "Tribunal Practice and Procedure: Tribunals under the Tribunals, Courts and Enforcement Act 2007" looks at the structure, proceedings and law governing the new integrated tribunal system created by the Tribunals, Courts and Enforcement Act 2007, as well as detailing rules of procedure and providing practical advice for tribunal members and those who use them. |
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In this article for Adjust, Edward Jacobs takes a brief look at how the new tribunals system should develop to suit the needs of users.
Feature
John Stacey - CEPEJ and evaluation of Judicial Systems (pdf, 0.1MB)
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John Stacey, vice president for the European Commission of the Efficiency of Justice, discusses the work of the Commission and its continuing evaluation of European Judicial Systems. |
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News
New appointments to the AJTC
The Lord Chancellor has appointed three new members to the AJTC. They are Mrs Kate Dunlop, Ms Sukhvinder Kaur-Stubbs and Professor Mary Seneviratne. Dr Jonathan Spencer CB has been re-appointed for a period of four years. Ms Penny Letts OBE has been appointed for a further period of two years.
Alexander Hermon retires
Alexander Hermon is to retire as legal adviser to the AJTC at the end of March after more than 20 years service to the AJTC and its predecessor organisation, the Council on Tribunals. He has been a mainstay of both organisations and his knowledge of administrative justice and tribunals is rivalled by few. He will be greatly missed by AJTC members and secretariat colleagues.
More milestones for implementation of TCE Act (pdf, 0.3MB)
January 2010 saw the transfer of 6 more jurisdictions into the two-tier tribunal system. The Information, Gambling Appeals, Claims Management Services and Immigration Services Tribunals, as well as the Adjudication Panel for England have been transferred into the General Regulatory Chamber of the First-tier Tribunal. The Family Health Services Appeal Authority has also been transferred and now sits in the Health, Education and Social Care Chamber of the First-tier Tribunal.
The remaining transfers to complete the second phase of the tribunal reform programme are due to occur in April 2010.
Jackson Review and tribunal costs
Lord Justice Jackson has published the final report of his review into civil litigation costs. The preliminary report was earlier published in May 2009. Mr Justice Warren will be considering issues affecting tribunals arising out of the review including tribunal costs, costs-making powers, and amendments to the Tribunal Procedure Rules. A report to the Senior President of Tribunals is expected in May 2010. AJTC member Bronwyn McKenna is participating in this work.
Nationally Significant Infrastructure Projects
The 'third package' of Regulations and Guidance for nationally significant infrastructure projects has now been published, following a new planning regime introduced by the Planning Act 2008. A further 'fourth package', covering changes to, and revocations of, development consent orders, will be published in draft form for consultation in due course.
The government's response to the consultation on the above regulations and guidance has now been published.
Education
School Admission Appeals: Panel members and clerks must have had prescribed training
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From 1 March 2010, all School Admission Appeal panel members and clerks must have had prescribed training in the previous 2 years to be able to sit to hear or clerk appeals. This provision was introduced in the Education (Admissions Appeals Arrangements)(England) (Amendment) Regulations 2007 (S.I 2007/3206) which came into force in 2008. |
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Clerks and panel members are required to have training in a number of areas, including the respective roles of the clerk, Chair and panel members, their duties under relevant equality legislation, and the need to observe procedural fairness and the rules of natural justice. The AJTC has invited the DCSF to consider what steps need to be taken to ensure that panel members and clerks are made aware of the impact of this requirement so as to ensure that any necessary training might take place before this year's round of admission appeals. The AJTC Chairman has also written to the Secretary of State for Children, Schools and Families to raise these issues.
LGO investigates conduct of school appeals
Local Government Ombudsman Tony Redmond has issued a further report into an investigation of complaints about the administration of school admission appeals by Slough Grammar School, following the school's refusal to follow earlier recommendations for compensation.
Social Security
DWP must comply with direction for Presenting Officer to attend
A recent decision of the Upper Tribunal has helpfully clarified the position concerning the attendance of a DWP Presenting Officer at a hearing where directed by a tribunal. In his decision, Judge Edward Jacobs concluded that, where a tribunal has directed a Presenting Officer to attend a hearing, the DWP agency is under a duty to obey such a direction under rule 2(4)(b) of the Tribunal Procedure (First-tier Tribunal)(Social Entitlement Chamber) Rules 2008.
Early Neutral Evaluation pilot report published
Research evaluating the pilot of Early Neutral Evaluation in the Social Security and Child Support Tribunal has now been published by the Ministry of Justice. A similar report, evaluating the pilot of judicial mediation in Employment Tribunals is awaited.
Report: Decision making and appeals in the benefits system
The Work and Pensions Committee has published this report following its inquiry last year on decision making and appeals in the benefits system, to which the AJTC submitted a memorandum.
Immigration and Asylum
AIT moves to the new tribunal structure (pdf, 0.3MB)
The former Asylum and Immigration Tribunal has now moved into the new two-tier Tribunals Service structure. Initial appeals against decisions made by the Home Office in relation to immigration and asylum will now be dealt with in the First-tier Tribunal. Any onward appeal will be handled by the specialist Immigration and Asylum Chamber of the Upper Tribunal.
Asylum ruling: age of children to be determined by court (pdf, 0.3MB)
The Supreme Court has unanimously upheld the right of children seeking asylum to have their age determined by the court and not by the local authority where there is a dispute about the age of a young person who claims to be a child.
Inspection Report of the visa section in Kuala Lumpur
The Independent Chief Inspector of the UK Border Agency has published a report on the UKBA visa application centres in Kuala Lumpur and Singapore. The report reviewed UKBA process and procedures including the quality of decision making and consistency of approach.
Home Affairs Committee publications
"The work of the UK Border agency" and "The detention of children in the immigration system" are two recent reports of the Home Affairs Committee. The reports, published in late 2009, are available to view and download from the Committee's website.
People
New Year's Honours List
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The AJTC congratulates AJTC Council member Alice Brown, on being awarded a CBE in the 2010 list. Henry Russell, formerly Chairman of the National Association of General Commissioners and now a member of the Tax Chamber of the First-tier Tribunal, was awarded an OBE. |
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Reappointment to Judicial Appointments Commission
Professor Dame Hazel Genn has been reappointed as a Commissioner to the Judicial Appointments Commission for a period of one year.
New Law Commissioner
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Frances Patterson QC has been appointed as a Law Commissioner to succeed Mr Justice Parker QC who was appointed a High Court judge in 2009. |
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New Local Government Ombudsman
Dr Jane Martin has been appointed a Local Government Ombudsman following the retirement of Jerry White in 2009. On taking up her post, Dr Martin also became the Vice Chair of the Commission for Local Administration in England.
Appointment of new Chief Financial Ombudsman
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Natalie Ceeney CBE has been appointed as the new Chief Ombudsman and Chief Executive of the Financial Ombudsman Service following the retirement of Walter Merricks in October 2009 after 10 years in the post. |
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Valuation Tribunal Service: New Chief Executive
Tony Masella has been appointed as the new Chief Executive of the Valuation Tribunal Service and took up his role on 1 February 2010. Tony was the acting Chief Executive of the Service for the preceding 6 months.
Ombudsmen
PHSO report on the UKBA published
The Parliamentary and Health Service Ombudsman has published her report on the UK Border Agency. The report entitled "Fast & Fair?" includes eleven case studies that reflect the large number and wide range of complaints about the UKBA that are referred to the Ombudsman by Members of Parliament.
Legal Complaints: New Ombudsman Scheme
A new ombudsman scheme is being planned by the Office of Legal Complaints, to investigate and resolve complaints by consumers of legal services. The service is expected to commence in late 2010.
PHSO reports on Rural Payments Agency
The Parliamentary and Health Service Ombudsman has published a report on her investigation into maladministration by the Rural Payments Agency. Her report entitled "Cold Comfort: the administration of the 2005 Single Payment Scheme by the Rural Payments Agency" is available from the PHSO website.
Scotland
Supreme Court and the Scottish Legal System
A review by Professor Neil Walker of Edinburgh University looking at the potential impact of the UK Supreme Court on the Scottish legal system has been published. The full report "Final Appellate jurisdiction in the Scottish Legal System" is available from the Scottish Government website.
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Promoting fairness and redress | ADJUST MARCH 2010 |  |