tribunals

• work alongside

  tribunals work alongside the courts
• created

  during the development of the welfare state
• deal with

  cases of entitlement to social rights
• parties


  can't go to the courts to resolve their disputes so tribunals must be used
• role of tribunals


  enforce rights that have been given through the social welfare legislation
• rights

  mobility allowance for disabled

  right to payment if made redundant

  right not to be discriminated against

  right of immigrants to have their asylum case heard
• organisation of tribunals

  1. first-tier tribunals (hear cases for the first time)
  2. upper-tribunal will (hears appeals from first tier)
• first-tier tribunals


  number of different chambers:

  social entitlement = child support, criminal injuries, compensation + gender recognition, job seekers allowance

  health, education + social care = mental health review, special educational needs

  land, property + housing = disputes between tenants + landlords + rent
• upper tribunal 


  4 chambers:

  administrative appeals = social entitlements, health + education, war appeals

  tax + chancery

  lands

  asylum + immigration
• appeal routes in tribunal cases

  1. first-tier tribunal
  2. upper tribunal
  3. court of appeal
  4. Supreme Court
• who is involved

  composed of 3 people

  1 legally qualified (chairperson)

  2 experienced in area considered by tribunal
• procedure in tribunals 


  both sides given equal opportunity to put cases forward - rules of natural justice followed

  no funding given for having a lawyer

  decision of tribunal is binding

  tribunals are free

  obliged to give reasons for decisions - causes appeals

  appeal to court of appeal only be made on a point of law
• formality 


  employment + asylum more formal = witnesses give evidence and be cross-examined

  other tribunals are less formal