Promoting Fairness and Redress
The Administrative Justice and Tribunals Council keeps under review the administrative justice system as a whole with a view to making it accessible, fair and efficient. We seek to ensure that the relationships between the courts, tribunals, ombudsmen and alternative dispute resolution providers satisfactorily reflect the needs of users.
AJTC Scottish Committee - Consultation
The Scottish Committee of the AJTC has launched a consultation exercise regarding administrative decisions made by Scottish Government departments and public bodies where there is no right of appeal against the decision or where the right of appeal is inaccessible or inappropriate.
The consultation is the accumulation of work undertaken by the Scottish Committee as it considered that these decisions were of paramount importance for the future of administrative justice in Scotland. The discussion paper issued on 22 December and the Committee are seeking responses by the end of January. The paper can be read or downloaded here. There is also an introductory letter from the Scottish Committee Chairman and a Questionairre.
Proposed abolition of the AJTC - Ministry of Justice consultation response
The Public Bodies Act received Royal Assent on 14 December 2011, and the Ministry of Justice has today published its response to the consultation on reforms proposed under the Act. In the response, the Lord Chancellor and Secretary of State for Justice confirms that the government will seek to abolish the Administrative Justice and Tribunals Council (AJTC).
Commenting on today's announcement, Richard Thomas, AJTC Chairman said:
"We believe that the government is seriously misguided in its wish to close down the independent body which is the champion for the hundreds of thousands of people who challenge its mistakes each year. We promote access to justice, fairness and efficiency and hope to persuade Parliament that our disappearance should not be approved"
The government's response to the consultation can be found at http://www.justice.gov.uk/consultations/reform-public-bodies.htm
Consultation on Admissions Regulations
The AJTC has responded to the Department for Education's latest consultation on regulations for School Admission Appeal Panels.
The response recognises the Department’s laudable aim of reducing prescription but the Council has a number of serious concerns particularly about training of panel members and the scope for inconsistency
Consultation on a Scottish Civil Justice Council.
On 29 November the Scottish Committee of the AJTC responded to the Scottish Government consultation paper on the Creation of a Scottish Civil Justice Council. In addition to responding to the questions posed in the consultation paper the Committee made a number of supplementary comments expanding the detail points made in the response.
The letter from the Committee Chairman, Richard Henderson CB, and the response questionairre are here (pdf 80kb) The Scottish Government's original consulation paper is on its website
Scottish and Welsh Commitee Annual Reports 2010-11
The Scottish and Welsh Committees of the AJTC have today, 16 November, published their Annual Reports for 2010-11. They have been laid before The Scottish Parliament and the National Assembly for Wales respectively, pursuant to para. 21 Sch 7 of the Tribunals, Courts and Enforcement Act 2007.
AJTC Annual Report 2010-11
The AJTC has today, 14 November, published its Annual Report for 2010-11 (pdf 0.5MB). It has been laid before Parliament, The Scottish Parliament and the National Assembly for Wales pursuant to para. 21 Sch 7 of the Tribunals, Courts and Enforcement Act 2007.
The reports of the Scottish and Welsh Committees will be published shortly
Richard Thomas to Give Evidence to the Public Adminstration Select Commitee
AJTC Chairman Richard Thomas is to give evidence to the Commons Public Administration Select Committee. The Committee is conducting a short inquiry into the Government’s oversight of administrative justice following the announcement of plans to abolish the AJTC as part of the wider reform of public bodies.
Details of the inquiry are on the Committee’s webpage
Securing Fairness and Redress - Administrative Justice at Risk
The AJTC has today (20 October 2011) published its latest report Securing Fairness and Redress: Administrative Justice at Risk? The report expresses concern about recent developments in administrative justice that make it harder for individuals to challenge government decisions. In particular, the AJTC is concerned about plans that limit access to advice and representation and introduce fees in some jursidictions. These changes come on top of already long delays in getting appeals heard.
The report makes a plea for a more strategic approach to administrative justice, and sets out five areas where reform is needed:
• better and more stable laws and regulations, especially in the areas of welfare benefits and immigration;
• a ‘Right First Time’ culture in government decision-making;
• proper access to help, advice and representation for citizens pursuing redress against government decisions;
• further reforms to ensure coherent access to administrative justice across the whole of the UK;
• new and proportionate models for resolving disputes faster and in more user-friendly ways
These developments are essential if administrative justice is to develop into a system appropriate for an open 21st century democracy.
The full report and covering press release are avalable to view/download.
AJTC Response to DBIS Consultation on Employment Tribunal Rules
The AJTC has been consulted by the Department for Business, Innovation and Skills on draft regulations amending the procedural Rules governing Employment Tribunals. This follows on from an earlier consultation "Resolving Workplace Disputes", to which the AJTC also responded.
In his response the AJTC Chairman explained that the Council did not consider it appropriate to comment on the draft regulations at this time, ahead of the government's response to Resolving Workplace Disputes, which will touch on issues directly relevant to the draft regulations.
AJTC Response to Family Migration - A Consultation
The AJTC has responded (06 October) to the UK Border Agency's consultation on Family Migration. The Council does not consider it appropriate to remove rights of appeal in these cases. Instead it suggests alternative routes, in particular a 'Right First Time' approach, which could reduce unnecessary appeals while preserving access to independent adjudication for those cases where it is required.
The full response, in the form of a letter from the Chairman, can be viewed here.
Proposed Abolition of the AJTC - Consultation
The Ministry of Justice is presently consulting on the reforms to its public bodies as proposed in the Public Bodies Bill currently before Parliament. The Administrative Justice and Tribunals Council is one of the bodies whose abolition the Bill will permit.
The consultation paper, response questionnaire and associated documents can be found on the MoJ website at http://www.justice.gov.uk/consultations/reform-public-bodies.htm . The consultation opened on 12 July and closes on 11 October. Those with an interest in the subject are encouraged to make their own responses ahead of the close date.
The AJTC has responded to the consultation (pdf 70kb) setting out its view that the proposed abolition is misguided.
Correspondence with the Secretary of State for Work and Pensions
The AJTC Chairman, Richard Thomas, wrote recently to the Secretary of State for Work and Pensions and Lord Chancellor and Secretary of State for Justice with suggestions for improving access to justice for those challenging social security decisions whilst at the same time reducing public expenditure. This arises from the proposed abolition of the Independent Review Service for the Social Fund, the success of which, it is suggested, could be built on and adapted to a broader role. Richard Thomas's letter and the Secretary of State's response can be viewed by clicking on the relevant hyperlinks.
Judicial Appointments Process - AJTC Evidence
On 13 May 2011 the House of Lords Select Committee on the Constitution announced an inquiry into the judicial appointments process for the courts and tribunals of England and Wales and Northern Ireland (including first instance courts) and for the UK Supreme Court. The announcement included a call for evidence (pdf 57kb).
The AJTC has today (29 June 2011) submitted its evidence to the Committee. The evidence highlights the importance of tribunal appointments which substantially outnumber those made to the courts. It goes on to call for tribunals to be given greater representation amongst the Judicial Appointment Commisioners and raises particular issues around 'non legal' appointments and professional regulation.
It also discusses proposals to bring the tribunal judiciary in England and Wales under the overall leadership of the Lord Chief Justice and the constitutional dificulties that amy arise with tribunals in Scotland.
The full response can be read here (pdf 49kb)
RIght First Time
The AJTC has today (14 June) published a report – Right First Time – which addresses a core concern for all involved in the delivery of public services: how to get more decisions right first time.
Over a million appeals and other challenges to governmental decisions are now made each year to tribunals, ombudsmen and other dispute-resolution bodies. These result in surprisingly high success rates and each appeal involves significant processing cost well as strain on the individual whose rights are affected.
The report suggests that there is scope to make substantial savings through a concerted effort to improve original decision-making within government departments, agencies and other public bodies. Although a determined focus on getting things right first time may seem to be an obvious approach – a win/win for government and citizens alike – there are currently few incentives or policies directed at such an outcome. The full report can be viewed here (pdf 300kb).
A press release announcing publication is also available.
Adjust Newsletter - January 2012
The AJTC's quarterly electronic newsletter features all the latest news and articles from the Council and across the administrative justice world. View
Scottish
Cymru / Welsh
The latest edition of the AJTC's quarterly electronic newsletter.
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Devolution of Community Care Grants and Crisis Loans: Consultation on Successor Arrangements
The Scottish Committee responded to the Scottish Government consultation on the Devolution of Community Care Grants: Successor Arrangements.
(09 November 2011) More..
AJTC Conference 2011
The AJTC Annual Conference will be held on Thursday 17 November 2011 at The BIS Conference Centre, One Victoria Street, London SW1
(07 September 2011) More..