Martin Partington: Spotlight on the Justice System

Keeping the English Legal System under review

Posts Tagged ‘tribunals

Immigration appeals and delays: On the verge of a crisis?

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This links to a short blog article written by Robert Thomas, the leading academic authority on the work of Immigration Tribunals. Analysing recent (December 2016) reports from the Public Accounts Committee and the Justice Select Committee (among others), the note provides evidence that while the number of appeals are declining, the numbers of appeals already in the system awaiting a decision is actually increasing. This seems to be largely the consequence of an over-zealous reduction in the number of Tribunal Judges.

The announcement that the Human Rights Group JUSTICE is embarking on a review of immigration appeals is therefore particularly welcome.

Source: Immigration appeals and delays: On the verge of a crisis?.

Written by lwtmp

May 18, 2017 at 9:24 am

Reforming Employment Tribunals: process

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There have been two recent consultations which could affect the work of Employment tribunals and the Employment Appeal Tribunal. The first, considered here, is on procedure. The other, on fees, is the subject of a separate note.

As part of its Transforming our Justice System programme, in December 2016 the Government published a short consultation on how reform of employment tribunals might fit into the overall transformation programme. The Consultation Paper noted that because these tribunals were set up under the Employment Tribunals Act 1996, major change could not be achieved without reform of that Act. The Consultation Paper therefore noted that major change was likely to take rather longer to be delivered, given the difficulties of obtaining parliamentary time for an amending Bill.

In the interim, this consultation set out what seems to be a rather minor change, namely that the responsibility for drafting the procedural rules which apply to the work of Employment tribunals should be added into the work already being done by the Tribunals Rules Committee.

This may actually be a rather more controversial proposal than might at first appear, since many judges in both the Employment Tribunal and Employment Appeal Tribunal have long thought that they should be part of the court system, not the tribunal system. They argue that they deal with disputes between parties (which is more what courts do) rather than citizen-state disputes (which is more what tribunals do).

The problem with this argument is that courts do deal with citizen-state disputes as well as tribunals; and other tribunals do deal with party-party disputes.

In my view the essence of tribunals is that they should generally be less formal than courts, and also use specialist expertise where needed. These considerations seem to have tipped the balance in the Government’s thinking. My own view is that the Government’s proposals are sensible.

The consultation closed in mid-January 2017, so no final decision has been taken. It will be seen whether the Government’s initial view prevails.

For the consultation paper, see https://www.gov.uk/government/consultations/reforming-the-employment-tribunal-system

Written by lwtmp

February 1, 2017 at 11:04 am

Transforming the English Legal System: Administrative Justice

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The Consultation Paper, Transforming our Justice System also has important proposals to make about the tribunals system, though – because the creation of the Tribunals Service in 2007 has already led to considerable structural change – changes to tribunals will be less marked than to the the criminal and civil justice systems.
The Paper states that in line with their principles of a just, proportionate and accessible system, the Government is planning on the following:
i. Streamlining procedures and encouraging a balanced approach: We are
working to simplify our procedures and put entire services online where
possible, carefully designed to be intuitive and easy to follow. Many relatively
straightforward tribunal decisions do not require full physical hearings, so where
appropriate, judges will be making decisions based on written representations,
hearings will be held over telephone or video conference and specially trained
case officers will help cases progress through the system. All of these changes
will make the process quicker and easier to deal with for all parties involved in a
case.
ii. Digitising the Social Security and Child Support Tribunal: This will be one of the
first services to be moved entirely online, with an end-to-end digital process that
will be faster and easier to use for people that use it.
iii. Simplifying panel composition: Another factor in taking a balanced, tailored
approach to tribunal cases is making sure the panels that make decisions in
tribunals are designed to best suit the circumstances of the case. Most tribunals
currently reflect historic arrangements that may be out of date and do not tailor
the expertise of the panel according to the case. We propose to revise the
current arrangements for setting panel composition to make sure that that
appropriate expertise is focussed on those cases that need it. We would
welcome views on how best to achieve this.
iv. Reforming employment tribunals: The Employment Tribunals deal with a huge
volume of claims every year – c. 83,000 in 2015/16. They work on similar
principles to many other tribunals and the civil courts, but currently have an
entirely separate structure, including a specific appeals tribunal. We are
considering whether the new approaches being adopted elsewhere in the
justice system could be applied to the employment jurisdiction.

 

Written by lwtmp

October 5, 2016 at 5:07 pm

Senior President of Tribunals

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Sir Ernest Ryder has replaced Sir Jeremy Sullivan as Senior President of Tribunals. He took up the role in September 2015.
More information about Sir Ernest is at https://www.judiciary.gov.uk/about-the-judiciary/who-are-the-judiciary/biographies/senior-president-tribunals-biography/

Written by lwtmp

October 24, 2015 at 10:22 am

Reviewing the structure of the civil justice system

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An essential part of the HMCTS reform programme involves deciding how best to deliver civil justice in England and Wales in a modern age of information technology.

The Lord Chief Justice and the Master of the Rolls, as Head of Civil Justice, have recently asked Lord Justice Briggs to carry out an urgent review of the structure of the courts which deliver civil justice. His work is designed to ensure that the structure of the court system aligns with the reform programme and in addition to look at the overall structure of civil justice. He has also been asked to look at the relationship of those courts with the Family Court and with  tribunals.

This aim is to assist HMCTS by ensuring that the reform programme comes up with a service which makes best use of the large capital investment proposed and provides a modern, efficient and accessible civil dispute resolution service for all.

An interim report is scheduled for December 2015.

The announcement is at https://www.judiciary.gov.uk/announcements/message-from-the-lord-chief-justice-and-the-master-of-the-rolls-civil-courts-structure-review/

Written by lwtmp

July 31, 2015 at 2:47 pm

Impact of fees on the work of Employment Tribunals – post implementation review

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When fees were introduced in the Employment Tribunals, in July 2013, the government made a commitment to review their impact. On 11 June 2015, the Government announced the start of that review.

The original objectives of the policy were:

  • to transfer some of the cost from the taxpayer to those who use the service, where they can afford to do so
  • to encourage the use of alternative dispute resolution services, for example, ACAS conciliation
  • to improve the efficiency and effectiveness of the tribunal

The review will consider how effective the introduction of fees has been at meeting the original objectives, while maintaining access to justice.

The review will also consider the effectiveness of the new fee remissions scheme, which was introduced in October 2013.

The review will take into account a wide range of evidence including:

  • tribunal data on case volumes, case progression and case outcomes]
  • qualitative research on the views of court and tribunal users
  • the general trend of the number of cases appearing at tribunals before the fees were introduced
  • any consequences arising as a result of an improved economy on the number of people being dismissed
  • to what extent there has been discouragement of weak or unmeritorious claims
  • whether there has been any impact because of changes in employment law; and other reasons for changes in user behaviour

The terms of reference for the review can be seen at https://www.gov.uk/government/publications/employment-tribunal-fees-post-implementation-review

The review is expected to be completed later in the year. The Government states that it will consult on any proposals for reforms to the fees and remissions scheme.

This exercise is likely to generate some controversy given the significant decline in the numbers of cases now being taken to the Employment Tribunal.

Written by lwtmp

June 16, 2015 at 2:39 pm