tribunals

• tribunals

  • important part of legal system
  • operate alongside the court system
  • deals with disputes of specialised nature e.g. immigration and employment
• Tribunals

  • Parties in tribunal case cannot go to court to resolve their dispute
  • Tribunal system is used instead of the court system
• How were tribunals established?

  • establishment of welfare state 1945
  • state given more powers which led to more disputes between the people and the government departments
  • tribunals were set up so an alternative environment would deal with these matters
• Tribunals

  • less formal procedures
  • they specialise
  • tribunals will use the same principle of natural justice like the courts
• Principles of natural justice that tribunals follow like the courts

  • fair hearing from both sides
  • impartial decision-making
• reviews of tribunals

  • Franks committee 1957
  • leggatt committee 2001
• franks committee 1957 - created the Tribunals and inquiries act 1958

  • states tribunals need to act "impartially, openly and fairly" and give reasons for their decisions
  • also created the defunct council on tribunals (council known as watchdog with no teeth - They had no power to do anything)
• Leggatt committee 2001 - created Tribunals , courts and enforcement act 2007

  • created the 2 tier tribunal system and established the tribunal service (2006)
• Before 2008 , 70 tribunals grouped into

  • Statutory tribunals
  • domestic tribunals
  • currently there is still the employment tribunal
• Statutory/administrative tribunals (public law) -

  • Created by different , individual states and deals with some aspects of administrative law.
  • disputes between people and state e.g. child support act 1993 - child support appeals tribunal established
• Statutory tribunals

  Examples:

  • immigration tribunal
  • social security tribunal
  • Mental health review tribunal
  • Employment tribunal - Biggest tribunal , deals with biggest number of disputes
• Domestic tribunals - use within professional bodies to determine questions which relate to professional conduct of members and were of a disciplinary nature
• Examples of domestic tribunals

  • general medical council
  • Football association
  • Bar council
  • Jockey club
• Role of tribunals

  • enforce rights granted through social welfare legislation
• Role of tribunals - rights granted

  • right to payment for those redundant at work
  • to not be discriminated against due to age, gender, race
  • right for immigrants to claim political asylum
  • mobility allowance for those too disabled to walk
• Criticisms of Tribunals - Leggatt committee 2001

  1. not user friendly
  2. lack of accessibility to public
  3. lack of independence
  4. lack of uniformity of procedure (most important point)
• Tribunals , courts and enforcement act 2007 - new judicial and legal framework bringing separate tribunals together into a new unified structure.

  • created a 2 tier tribunal system - first tier and upper tribunal (employment tribunal still separate)
• First tier tribunal (original jurisdiction)

  • Hears cases at first instance in specialist area and is divided into 7 chambers
• first tier tribunal: the 7 chambers

  1. social entitlement - child support, criminal injuries compensation
  2. Health, education and care - appeals against continued detention in mental hospitals, special educational needs issues
  3. tax
  4. Asylum and immigration
  5. Land, property and land
  6. General regulatory
  7. War pensions and armed forces compensation
• First tier

  • heard by single tribunal judge or panel of a judge with 2 specialist lay members with knowledge of specific field of tribunal e.g. social care.
  • tribunal decision is binding
• Employment tribunal

  • operates separately from first tier tribunal
  • believed to be part of it in the future
  • Judge assisted by 2 law members which represent employer and employee
• Upper tribunal - appellate jurisdiction

  • appeals from the 1st tier are split into 4 chambers:

  1. lands
  2. asylum and immigration
  3. tax and finance
  4. Administrative appeals
• Main functions of domestic tribunals

  • hear appeals from the 1st tier tribunal (further appeal to CA then Supreme court)
  • Carry out judicial review of cases heard in 1st tier tribunals - minimises chance of courts being involved
• Appeals from employment tribunal go to employment appeal tribunal which is operating separately from the upper tribunal
• Procedure of upper tribunals

  • Both parties given opportunity to present case - can be formal witnesses giving evidence and oath to be cross-examined ( some tribunals) other tribunals operate in less formal way
• Procedure of upper tribunal

  • Legal aid is only available in few tribunals and most applicants will need to represent themselves
  • All members of tribunal appointed by JAC (judicial appointment system) - members recognised as judges which increases the status of tribunals
• tribunals overseen by his majesty's court and tribunal service