Lecture 11: Tribunals and Inquiries Flashcards
What is Judicial Review in the context of redress?
Judicial review allows individuals to challenge the legality of a decision in court. It tests whether the body had the power to make the decision, not whether it was the right decision. It is a powerful but slow, expensive, and disproportionate process.
What is the role of Tribunals in redress?
Tribunals hear appeals against specific decisions and determine the appropriate result. They are more expert and appropriate than courts but require the right of appeal to be created.
What is the Complaints process for redress?
The complaints process involves getting the relevant body to reconsider a decision informally. It is quick and convenient, but it lacks independence.
What is the role of Ombudsmen in redress?
Ombudsmen add an independent element to complaints but cannot force a remedy. They investigate and make recommendations but do not have the authority to compel action.
What is a common source of grievance related to administrative decisions?
A common source of grievance is unhappiness with administrative decisions such as the refusal of a license, permit, or benefit.
How are grievances related to administrative decisions typically dealt with?
Grievances are dealt with by providing a right of appeal, allowing for a full reconsideration of the merits of the case, not just procedure and legality.
What does the appeal body do in an appeal?
The appeal body substitutes its own view of what should happen, offering a reconsideration of the case’s merits rather than just reviewing procedure or legality.
What must happen for a right of appeal to exist?
A right of appeal must be expressly created within the legislation, with clear details of the procedure. If no right of appeal exists, judicial review is the only option, but it only considers legality.
Who typically has the right of appeal?
The right of appeal is normally given to the party directly affected, such as the applicant for a license or benefit. For more controversial decisions, such as planning permission, objectors only have the option of judicial review.
What is an internal appellate body?
An internal appellate body is within the same authority or goes to a higher body (e.g., Ministers). It is quick, simple, and expert, but lacks independence.
What are the issues with using courts as an appellate body?
Courts lack expertise on the subject matter, are formal, and often have problems with cost and delay.
What are the advantages of a specialist appellate body?
A specialist appellate body is expert, independent (separate from the initial decision-maker), and has a procedure suited to the nature of the cases.
How did the tribunal system develop?
The tribunal system developed piecemeal but has since been reformed and reorganized.
What did the Franks Committee (1957) state about tribunals?
The Franks Committee (1957) stated that tribunals are a mechanism for adjudication, not administration, and emphasized openness, fairness, and impartiality.
How many separate tribunals were there before reform?
Before reform, there were over 100 separate tribunals.
What did the Leggatt Review (2001) result in?
The Leggatt Review (2001) led to the creation of a single tribunal system and an integrated tribunal service.
What is the significance of the Tribunals, Courts and Enforcement Act 2007?
The Tribunals, Courts and Enforcement Act 2007 further reformed and reorganized the tribunal system.
What is the role of tribunals?
Tribunals are bodies for adjudication that consider the merits of cases and decide the substantive issue (e.g., whether a person should get a license or benefit).
How are tribunal panels typically structured?
Tribunal panels usually consist of a legally qualified chair and two others with relevant expertise, such as technical knowledge or experience in complex issues.
What were the UK Tribunal Service case statistics for 2024 (First Quarter)?
In the First Quarter of 2024, there were 99,000 cases begun and 83,000 cases disposed of.
What were the UK Tribunal Service case statistics for 2024 (Second Quarter)?
In the Second Quarter of 2024, there were 94,000 cases begun and 74,000 cases disposed of.
How many Judicial Review cases were lodged in England and Wales during the first two quarters of 2024?
In the first two quarters of 2024, there were 1,580 Judicial Review cases lodged in England and Wales.
How many Judicial Review cases were disposed of in England and Wales during the first two quarters of 2024?
During the first two quarters of 2024, 312 Judicial Review cases were disposed of in England and Wales.
What happened to the administration of tribunals since 2007?
Since 2007, there has been a unified administration of most tribunals, with responsibility no longer lying with relevant government departments.
What is the HM Courts & Tribunal Service?
The HM Courts & Tribunal Service is the merged entity that now covers courts in England and Wales and main tribunals at the UK level, including Employment Tribunals.
How do Employment Tribunals differ from other tribunals?
Employment Tribunals are not a matter of public law; they deal with disputes between private bodies (e.g., employee vs employer), rather than state vs individual.
What does the Constitutional Reform Act 2005, s3 ensure regarding tribunals?
The Constitutional Reform Act 2005, s3 guarantees judicial independence, stating that all Ministers must uphold the continued independence of the judiciary.
Who is the Senior President of Tribunals in the UK/E&W?
The Senior President of Tribunals is a key role in the UK/E&W, with the first Senior President later appointed to the Supreme Court (Lord Carnwath), and successors appointed as Lord Justices of Appeal. The role now also includes President of Welsh Tribunals (per the Wales Act 2017, s60).
How are tribunals in the UK structured?
Most tribunals have been restructured into First-tier Tribunals, organized into chambers to maintain expertise. There is a right of appeal to the Upper Tribunal, and a few cases go directly to it.
How are members of tribunals selected?
Tribunals are made up of members chosen from a pool, with First-tier Tribunals often having a legally qualified chair and other members with relevant expertise. Upper Tribunals include senior judiciary members.
What types of cases are heard by the Social Entitlement Chamber of the First-tier Tribunals?
The Social Entitlement Chamber deals with cases related to social security and child support, criminal injuries compensation, and asylum support.
Which chamber of the First-tier Tribunals handles cases related to health, education, and social care?
The Health, Education and Social Care Chamber handles cases concerning care standards, mental health, special educational needs, and disability.
What are the four chambers of the Upper Tribunal?
The Upper Tribunal has four chambers:
Administrative Appeals
Immigration and Asylum
Tax and Chancery
Lands
What is the role of the Upper Tribunal?
The Upper Tribunal hears appeals from the First-tier Tribunal, serves as the first level of appeal for some major administrative decisions, and can also hear some judicial reviews.
Can the Upper Tribunal be subject to judicial review?
Yes, the Upper Tribunal is subject to judicial review, but only on limited grounds. Judicial review can occur when the claim raises important points of principle or practice or when there are other compelling grounds to hear the case (e.g., R (Cart) v Upper Tribunal [2011] UKSC 28 and Eba v Advocate General for Scotland [2011] UKSC 29).
How is the procedure in tribunals adapted to the nature of the dispute?
The procedure in tribunals is adapted based on the nature of the dispute. Some tribunals resemble courts, while others are more informal. Some follow a traditional adversarial model, while others adopt a more inquisitorial approach.
Is legal representation required in tribunals?
Legal representation is not required in tribunals, and no legal aid is provided. While represented parties tend to have a higher success rate, non-lawyers can still represent individuals.
What is the overall aim of tribunal procedures compared to courts?
Tribunal procedures aim to be quicker, cheaper, more expert, and more convenient than court procedures.
Do tribunals need to give reasons for their decisions?
Yes, tribunals must give reasons for their decisions.
How are tribunals firmly established in the judicial system?
Tribunals are firmly established as part of the judicial system, and restructuring has strengthened their position and consolidated key structural and institutional features.
Can tribunals deal with cases without a right of appeal?
No, tribunals can only deal with cases when an express right of appeal is given.
Do tribunals provide equal access to justice for ordinary citizens?
While tribunals are considered better than courts in some respects, there are concerns about whether they truly provide equal access to justice for the average citizen.
What initiates a public inquiry?
A public inquiry is initiated by major investigations started by a government minister.
What special powers are granted to the inquiry panel?
The inquiry panel is granted special powers to compel testimony and release other forms of evidence.
How can a public inquiry be initiated legally?
A public inquiry can be initiated through various legal means, such as the Inquiries Act 2005.
Under the Inquiries Act 2005, when can a minister initiate a public inquiry?
Under the Inquiries Act 2005, a minister may initiate a public inquiry if:
(a) particular events have caused, or are capable of causing, public concern, or
(b) there is public concern that particular events may have occurred (s.1 (1) Inquiries Act 2005).
What are recent examples of public inquiries?
Recent examples of public inquiries include the Grenfell Tower Inquiry and the Covid-19 Inquiry.
What is the main function of a public inquiry?
The main function of a public inquiry is threefold:
To establish what happened
To determine accountability
To prevent recurrence and incorporate findings into public policy (Jason Beer KC).
Are public inquiries intended to determine an individual’s criminal or civil liability?
No, public inquiries are not intended to determine an individual’s criminal or civil liability (s.2(1) Inquiries Act 2005), although evidence from the inquiry can be used in subsequent legal proceedings.
What limits the scope of a public inquiry?
Public inquiries are limited by their “terms of reference,” which set out what they can investigate and the aims of their investigation (s.5(1) Inquiries Act 2005).
What is a critique of the terms of reference in public inquiries?
A critique is that inquiries like The Saville Inquiry have gone over time and over budget. Additionally, citizens directly affected by the event often want broader terms of reference, creating a balance between their interests, a focused inquiry, and the public interest in preventing recurrence of the event.
Who undertakes public inquiries?
Public inquiries are undertaken by an inquiry panel, which can be a single chairman or a chairman and other appointed members (s.3(1) Inquiries Act 2005). The appointment of the chairman is often rushed due to the political pressure surrounding such events.
What is the legislative or administrative guidance on running a public inquiry?
There is minimal legislative or administrative guidance on how a public inquiry should be run (s.17 Inquiries Act 2005). It is generally up to the chairman to “learn as they go.”
How long can public inquiries take to complete?
Public inquiries can take a long time to complete and may be further delayed by concurrent police investigations and cases.
Who implements the recommendations of a public inquiry?
Implementing the recommendations of a public inquiry is up to the Government. However, inquiry recommendations are not binding, and the Inquiries Act 2005 does not provide for their implementation. Implementation is ad hoc, with public criticism being the only sanction for failing to do so.
What is the role of judicial review in public inquiries?
Judicial review is very formal, slow, and expensive. It looks at whether what was done or decided was legal, not at what the final outcome should be. It requires a substantive decision on merits and often involves judges who are not experts in the subject matter.
What are some disadvantages of judicial review?
Judicial review can be disproportionate for important but small decisions (e.g., social security benefits, planning permission for minor work). However, it is independent, powerful, and sets legal limits on power.
