Martin Partington: Spotlight on the Justice System

Keeping the English Legal System under review

Posts Tagged ‘tribunals

Dealing with housing disputes: proposals from the Civil Justice Council

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Housing Law is complex – a large number of statutes attempt to regulate the housing market, in particulat the relationship between landlords and tenants. Housing Law potentially affects both renters (who rent their accommodation on a monthly basis) and leaseholders (who have a long-term interest in the property they live in).

The law has created a vast number of legal rights and responsbilities. It has also created different pathways for the resolution of disputes. In particular, some cases need to be dealt with in the county court, others go to the Property Chamber in the First Tier Tribunal.

One problem with this is that there are circumstances which arise in practice where – in order to fully resolve the dispute – the claimant may need to start proceedings in both the county court and the first tier tribunal. This is obviously wasteful of time and resources – very frustrating for those caught up in an almost Dickensian-like jurisdictional battle.

This is not new; the issue has been acknowledged for some time. The Civil Justice Council has, however, been trying to do something practical to solve the problem. In 2015 it established a working group on property disputes to consider whether access to justice in property disputes could be improved by the deployment of judges to sit concurrently in courts and tribunals. In other words, those appointed as tribunal judges could in relevant circumstances be authorised to sit as county court judges and vice versa.

Following a pilot, Judge Siobhan McGrath, Property Chamber President, in November 2018 published a proposal and recommendations to amend the Civil Procedure Rules and the First-tier Tribunal Procedure (Property Chamber) to reflect this. In her report she stated that her preferred solution was to deploy judges to sit concurrently in the court and the tribunal. The deployment of judges to sit in both the court and the tribunal concurrently would, in Judge McGrath’s view, provide a practical solution to a difficult challenge.

She stated that ‘The concept is supported by the MoJ who have agreed to provide resource to explore rule changes in more detail; to engage with judiciary and the Civil Procedure Rules committee and the Tribunal Procedure Committee and to provide analytics about the practical impact of deployment.’

What the status of this recommendation is is currently no clear; it is likely to have got wrapped up in the consultation on the creation of a Housing Court – which is the subject of a separate blog item.

To see Judge McGrath’s report, visit: https://www.judiciary.uk/wp-content/uploads/2018/11/property-chamber-deployment-project-report-oct2018.pdf

 

 

 

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Tribunal case workers – who they are and what they do

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One aspect of the Tribunals Reform programme that has not had that much attention is the role of Tribunals Caseworkers (TCWs). The idea of tribunals employing caseworkers who could undertake some of the more routine work of the tribunals judiciary is one that has been around for some time. (Indeed it builds on the use of Registrars in other court contexts, who have long been part of the legal system.) But their use in tribunals  is now becoming more widespread as HMCTS seeks to ensure that the tribunals work as cost effectively and as efficiently as possible – key objectives for the reform programme.

The first edition of Tribunals Journal 2018, that was published earlier this year, carries an interesting collection of short articles from a number of Caseworkers, working in different tribunals contexts – including, social security, employment, and special educational needs.

One feature of their descriptions of their work is the variety of things that they are asked to do. They also provide those undertaking the role with the opportunity to acquire new skils and to enhance their career opportunities within the Tribunals service.

See further https://www.judiciary.uk/wp-content/uploads/2013/07/tribunals-journal-edition1-2018-v2.pdf

 

 

 

 

 

Written by lwtmp

November 27, 2018 at 4:39 pm

Transforming administrative justice – current projects: progress reports

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Information about the progress of the Transformation: Courts and Tribunals 2022 programme has been emerging from HMTCS. (See this blog October 2 October 2018).

In this note I look in a little more detail at projects in the administrative justice area.

In their recent progress update, HMCTS listed 5 projects that were either started or in prospect relating to administrative justice. These were:

  1. Upper Tribunal: Building the IT infrastucture to enable new digital ways of working across Upper Tribunal.
  2. Social Security and Child Support (SSCS): Establishing a new, digital process to improve the experience of appellants, allowing them to submit, track and manage their appeal online.  Pilot projects are already been trialled in a number of venues.
  3. Immigration and Asylum Chamber  (IAC): Developing the administration of the Immigration and Asylum Chamber’s service so that it can adapt according to different needs of users. It will enable case resolution both online and by video.
  4. Employment Tribunals (ET): This project will use a combination of the tribunals authorisation and the civil money claims models to develop an ET service that can change the way it works according to what the user needs. This will include the ability to resolve cases online and by video.
  5. Specialist Tribunals: The project will establish new ways of working across the tribunals, developed on a tribunal-by-tribunal basis. This includes the Pilot project enable appeals to be made to the Tax Tribunal on-line, which are being tested and evaluated.
This information has been derived and adapted from Reform Update Autumn 2018, published by HMCTS, and available at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/744235/Reform_Update_issue_2_September_2018.pdf

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