Administrative Justice and Tribunals Council History and Constitution

Presentation by the SCAJTC

• Administrative Justice and Tribunals Council

• History and Constitution

• How We Are Organised

• What we do

• How we do it

History and Constitution

• The Council on Tribunals and its Scottish Committee were established in 1958 following the Franks Report.

• The Administrative Justice and Tribunals Council and its statutory Scottish Committee were commenced on 1 November 2007 under the provisions of the Tribunals, Courts and Enforcement Act 2007. The AJTC is the successor body to the Council on Tribunals.

The Council’s Statutory Constitution

• Consists of 16 members, including the Chairman and the Parliamentary Commissioner for Administration.

• There is a separate Scottish Committee of up to 7 members, whose Chair and 2 of its members are also Council members. The Parliamentary Commissioner for Administration and the Scottish Public Services Ombudsman are also members.

• There is soon to a Welsh committee of up to 5 with representation on the Council.

What We Do – Administrative Justice.

• keep administrative justice under review,

• consider ways to make the system accessible, fair and efficient,

• advise Scottish Ministers, the Lord Chancellor, Welsh Ministers, and the Senior President of Tribunals, on the development of the system,

• Refer proposals for change to the above persons,

• Make proposals for research into the system.

What We Do – Tribunals, General Functions.

• keep under review, and report on, the constitution and working of tribunals listed in the Act,

• consider and report on matters referred to the Council under the Act, or that the Council determines to be special importance in respect of tribunals,

• scrutinise and comment on legislation, existing or proposed, relating to tribunals or any particular tribunal.

• be consulted on procedural rules for specified tribunals.

What We Do – Statutory Inquiries

• Keep under review and report on, the constitution and working of statutory inquiries, both in general and by reference to statutory provisions,

• Consider and report on any other matter relating to statutory inquiries, in general or particular, or the Council determines to be of special importance, and

• any particular matter referred to the Council relating to a statutory inquiries or an inquiry in particular.

Some Tribunals / Inquiries Overseen by the Scottish Committee

• Additional Support Needs Tribunal Scotland

• Asylum & Immigration Appeal

• Children’s Hearings

• Employment Tribunals

• Mental Health Tribunal for Scotland

• NHS Discipline Committees

• NHS National Appeal Panel for entry to pharmaceutical lists (Scotland)

Tribunals Overseen by the Scottish Committee (cont’d)

• Criminal Injuries Compensation Appeals Panels

• Crofters Commission

• General Commissioners of Income Tax

• Education Appeal Committees

• Lands Tribunal

• Pensions Appeal Tribunal

• Transport Tribunal

Tribunals Overseen by the Scottish Committee (cont’d)

• Planning Inquiries

• Parking Adjudicators

• Social Security and Child Support Tribunals

• Valuation Appeal Committees

• VAT and Duties Tribunal

How does the Council fulfil its statutory role?

• Visits to tribunal hearings

• Regular contact with Presidents & Heads of Tribunals

• Feedback to tribunals following visits

• Annual Report to Parliament

• Special Reports on matters of importance (e.g. Scottish Education Appeals Committees, Children's Hearings and NHS Discipline Hearings)

• Reponses to statutory consultation on tribunal rules of procedure

What else we do?

• Organise and attend Users Forums

• Attend and report on training events for tribunal judiciary and members

• Acting as the ‘Hub of the Wheel’ organise conferences to bring together tribunal presidents, judiciary, civil servants and ministers

• Maintain close links with the Tribunal Service

• Publish the e-magazine Adjust

• Developing and improving guidance on best practice

The Council’s Framework of Standards

• Published in 2002

• Sets out the issues the Council is concerned with in fulfilling its statutory role

• Provides a template for the Council when giving feedback to tribunals

• Provides guidance for new tribunals

• Promotes best practice

Framework of Standards - Part 1

• Tribunals should be independent and provide open, fair and impartial hearings

• a) Tribunals should be free to reach decisions according to law without influence from the body or person whose decision is being challenged or appealed, or from anyone else
• b) Judicial officers should be independent
• c) Appointments to judicial office should take account of the diversity of our society
• d) Tribunal hearings should be open and fair

Framework of Standards - Part 2

• Tribunals should be accessible to users and focus on the needs of users

• a) Potential users of the tribunal should be given access to information about its services
• b) Procedural Rules should be short, clear, simple, and up to date
• c) Forms should be short and simple
• d) The papers required by the tribunal should be proportionate and appropriate to the issues at stake

Framework of Standards - Part 3

• Tribunals should offer cost effective procedures and be properly resourced and organised

• a) Judicial resources should be managed to provide a good service, and to ensure that individuals sit often enough to maintain knowledge and skills
• b) Standards for judicial behaviour and performance should be set and monitored
• c) Cases should be heard, and a final decision given, within a reasonable period
• d) Programmes of induction and refresher training should be provided for tribunal chairs, members and administrative staff