Tribunals
Introduction
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Tribunals are bodies with judicial
functions usually set up by statute but
existing outside the usual court system.
They are an alternative to the courts
and aim to provide a quick and cost
effective means to justice.
Introduction
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Collectively tribunals deal with over a
million cases a year.
Tribunals are usually divided into two
types:
 domestic tribunals
 administrative tribunals.
Domestic Tribunals
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These are often used within the
professions to determine questions
relating to the professional conduct of
their members. This usually involves
matters of discipline.
Examples of domestic tribunals include
the General Medical Council (GMC), the
General Dental Council (GNC), the Bar
Council and the
Lee v Showmen’s Guild
Since Lee v Showmen’s Guild of Great
Britain (1952) the courts will interfere
in any domestic tribunal to ensure that
the rules of these associations are
correctly interpreted and the
principles of natural justice are
observed.
Administrative Tribunals
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These are concerned with administrative
law or matters affecting the rights of a
large numbers of persons.
A large number of administrative tribunals
have been set up by various statutes.
However, there are some tribunals which
rarely ever sit and a few that have never
sat.
Some Important Administrative Tribunals
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Employment Tribunals
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Asylum & Immigration Tribunal
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Mental Health Review Tribunal
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Asylum & Immigration Tribunal
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Information Tribunal
Administrative Tribunal Personnel
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Most tribunals consist of a legally-qualified
chair person with two lay members.
The lay members often can bring expertise
to the decision of the tribunal.
For instance, the Employment Tribunal
consists of a legally-qualified chairperson, a
person who has worked as an employer and a
person who has worked as a trade unionist.
Appeals from Administrative Tribunals
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Appeal from many tribunals is to the
Divisional Court of the Queen’s Bench. For
some, such as the Lands Tribunal, appeal lies
to the Court of Appeal
However, some tribunals have their own
special appeal tribunal. For instance, an
appeal from an Employment Tribunal is to
the Employment Appeal Tribunal;
The Administrative Justice and
Tribunals Council
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The Administrative Justice and
Tribunals Council (AJTC) keeps the
tribunal and administrative justice
system under review.
It was established by the Tribunals,
Courts and Enforcement Act 2007
It replaced the Council on Tribunals.
Key Duties of the AJTC
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To give advice and make recommendations on
changes on the workings of the
administrative justice system;
To review the relationships between the
various components of the administrative
justice system (such as ombudsmen,
tribunals and the courts);
The Tribunal Service
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It provides common administrative
support to the main central
government tribunals.
It currently has responsibility for 27
tribunals.
It has no responsibility for tribunals
devolved to the Welsh Assembly
Government or Scottish Executive.
Judicial Control
The courts can exercise control over an
administrative tribunal or inquiry by the
following means:
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by statutory right of appeal;
by judicial review through the application of the
doctrine of ultra vires;
by judicial review because of the denial of
natural justice.
Key stages in the
Development of Tribunals
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Much of the organisation of tribunals
can be understood by looking at two
important reviews and reports on
tribunals.
These are the Franks Committee
Report 1957 and the Leggatt Review of
2001.
Franks Committee Report (1957)
The main criticisms of this report were
that tribunals did not give reasons for
their decisions and there were often
no routes of appeal.
Effect of Franks Committee Report
Following the report a number of
important changes were introduced to the
administrative tribunal system by the
Tribunals and Inquiries Act 1958 (with
later additions in the Tribunals and
Inquiries Act 1971 and Tribunals and
Inquiries Act 1992).
Key Changes
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Council on Tribunals to supervise the
work of most administrative tribunals
was established;
tribunals would now give reasons for
their decisions;
parties can be represented by a lawyer
if they wish;
Effect of Franks Committee Report
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all material facts would be disclosed to
all parties before the hearing;
hearings would be in public unless
public security was involved;
appeals would lie from most tribunals
to the Divisional Court of the Queen’s
Bench.
Leggatt Review of Tribunals (2001)
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The Review of Tribunals chaired by Sir
Andrew Leggatt was published in 2001.
This review has made a number of
recommendations for the
administrative tribunal system.
Leggatt Recommendations
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The establishment of a ‘Tribunal
Service’ to provide support for all
administrative tribunals under a
common administrative structure.
To transfer control of all
administrative tribunals to the Lord
Chancellors’ Department.
Leggatt Recommendations
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To make tribunal procedures and
appeals routes more user-friendly to
encourage complainants to represent
themselves.
To group administrative tribunals
together in a common Tribunal System
headed by a High Court Judge. There
should also be a common appeal
structure.
Leggatt Recommendations
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Case-management and the use of
information technology should be
improved to ensure delays in hearing
cases are avoided.
To improve the training of administrative
tribunal chairpersons through the use of
the Judicial Studies Board (JSB).
Response to Leggatt
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The Government has acted on many of
the suggestions of the Review.
A Tribunals Service began work in
April 2006 as an executive agency of
the Department for Constitutional
Affairs and will cover 90% of all
tribunal work.
Transforming Public Services:
Complaints, Redress and Tribunals
July 2004
A number of important changes to the
Tribunal system were proposed in the
Government White Paper:
‘Transforming Public Services:
Complaints, Redress and Tribunals July
2004’.
Transforming Public Services:
Complaints, Redress and Tribunals
July 2004
The proposals included:
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a statutory tribunals rule committee;
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a more coherent structure of appeals;
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a unified tax appeals system; and
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a new and enhanced role for the Council on
Tribunals.
Progress on the White Paper
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The Tribunals, Courts and Enforcement Act
2007 Act is introducing many changes;
The Act introduced the Administrative
Justice and Tribunals Council which will have a
wider role than the Council on Tribunals;
Tribunal system will also be simplified with
the establishment of first-tier tribunals and
upper tribunals;
Progress on the White Paper
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Many of the new changes to the tribunal
system introduced by the Act will be
gradually brought in following a period of
consultation;
Tax appeals are not expected to transfer
into the two-tiered system until April 2009,
subject to consultation.
Exercise
Make a list of the advantages and
disadvantages of administrative
tribunals.
Essay Question
(a)
Describe the work of tribunals. [12]
(b)
Evaluate the extent to which the
tribunal system promotes justice.
[13]
Total 25 Marks