Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law and Government : Year 2 Term 1 > Other means of adjudication > Flashcards

Other means of adjudication Flashcards

You may prefer our related Brainscape-certified flashcards:
U.S. Government Basics flashcards Civil Procedure 1L flashcards MBE flashcards AP® U.S. Government flashcards MPRE flashcards American Government 101 flashcards
1
Q

Are more challenges raised in courts or tribunals?

A

Tribunals

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Options for challenging Gov

A

1) JR
2) Statutory appeals(where right in statute)
3) tribunals
4) external review
5) ombudsmen
6) internal complaints/ review

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Decision criteria of internal complaints review?

A

Leglaity
Merits
Maladministration

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Decision criteria for ombusmen?

A

Maladministration

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Decision criteria for tribunal?

A

Legality and merits

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Decision criteria for courts?

A

Legality

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Method of internal complaints review?

A

Inquisitorial
Written
Informal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Method of ombudsmen?

A

Inquisitorial
Written
Informal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Method of tribunals?

A

usually oral and informal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Method of courts?

A

Adversarial
written and oral
formal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Do you need illegality in tribunals?

A

No, as look at merits can be other unfairness

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

With ombudsmen does your problem need to be with the decision?

A

No, can be with your treatment at any point.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What act kick started tribunals?

A

National Insurances Act 1911

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Need for tribunals?

A

To act as expert referees in disputes arising over these new benefits

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Franks Report 1957 reasons for tribunals?

A
  • cheaper
  • faster
  • more accessible
  • more informal
  • experts on subjects
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Did Franks Report push tribunals towards courts or administration?

A

Courts

desired them to be fair, open and impartial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Leggat Review

A
  • indépendant governed body of tribunals
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What act reformed the tribunal system?

A

Tribunals, Courts and Enforcement Act (TCEA)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

aRT 6 EFFECT?

A

All tribunals must be independent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What act del with devolved tribunals?

A

Tribunals (Scotland) Act 2014

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Leggats structure

A

2 tiered
Senior President
Uniform appeal structure
Twin themses: rationalisation and hamronisation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Characteristic weaknesses of courts?

A
  • slow
  • expensive
  • in accesable
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Characteristic weaknesses of tribunals?

A
  • in accessablie?
  • Not as fair as portrayed
  • Experts sway panel
  • no right to representation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Characteristic weaknesses of Ombusmen?

A
  • slow
  • cost to gov
  • low visibiliyu
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Characteristic weaknesses of Internal Review?

A
  • low visibility

- openess?

26
Q

7 Steps to evaluate grievance mechanisms?

A

1) appropriate outcomes
2) impartiality and indépendance
3) fairness of procedures
4) speed
5) Cost
6) Accessibility

27
Q

Positive features of courts?

A
  • appropriate outcomes
  • independence
  • fair procedure
28
Q

Positive features of tribunals?

A
  • outcomes
  • independence
  • fair procedure
  • low cost to gov and person
  • accessible
  • speedy
29
Q

Positive features of ombudsmen?

A
  • not sure outcomes are appropriate
  • independant?
  • fair process?
  • expensive to gov?
  • accessible?
30
Q

Wouldn’t it be better if ad decisions weren’t made?

A
  • Courts and tribunals do little for this

- Ombuds claim to help

31
Q

Where do the principle of Good Administration come from?

A

Principles of good administration Parliamentary and Health Services Ombudsmen 2009

32
Q

What are the 6 principles of good administration?

A

1) Getting it right
2) Customer focus
3) Being open and accountable]
4) Acting fairly and proportionately
5) Putting things right
6) Seeking continuous improvement

33
Q

Ombudsmen are hybrids of what two forms of accountability?

A
  • political and legal
34
Q

Role?

A
  • Non curial means of administrative justice
35
Q

Function

A

Improve decisions making
Adress systematic problems
Resolve problems and seek solutions

36
Q

Differences in Scotland and England

A
  • Scotland one Public Services Ombudsmen does everything

- England more spread out

37
Q

Parliamentary Ombusdmen Legislative authority?

A

Parliamentary Commission Act 1967

38
Q

Scottish Public Services Ombudsmen(SPSO) authority?

A

Scottish Public Services Ombusdmen Act 2002

39
Q

Main difference between Parliamentary Ombudsmen and Scottish Public Services Ombudsmen?

A

Parliamentary- MP filter, all cases must come via MP (s6(3))

SPSA s9 gives direct access

40
Q

What part of act gives direct access to Scottish Public Services Ombudsman?

A

s9

41
Q

What part of Parliamentary Commissioner Act 1967 creates the MP filter?

A

s 6(3)

42
Q

What matters can the Parliamentary Ombudsman investigate?

s5

A

Injustice as consequence of maladministration s5

43
Q

What matters can Scottish Public Services Ombudsmen 2002 investigate? s 5

A

injustice or hardship of maladministration or service failure

(so can be service failure too, not just maladmin)

44
Q

Key operational features of Ombudsmen?

A
  • Independence
  • Investigative process
  • Injustice caused by maladministration
  • Reporting
45
Q

Qu to considering when wondering if Ombudsman can investigae the matter?

A
  • was complaint made by appropriate person
  • was it duly made
  • is the body in the jurisdiction of the Ombud.
  • is it an excluded matter?
46
Q

Some qu to consider when thinking will the ombud investigating?

A
  • other remedies available? Is it reasonable to expect them to resort to these remedies ?
47
Q

AUTHORITY TO LOOK AT OTHER REMEDIES FIRST FOR PARLIAMENTARY OMBUDSMEN?

A 
Parliamentary Commissioner Act 1967
s 5(2)
48
Q

AUTHORITY TO LOOK AT OTHER REMEDIES FIRST FOR SCOTTISH PUBLIC SERVICES OMBUDSMEN?

A

Scottish Public Authority Ombudsmen Act 2002

s 710

49
Q

Other relevant qu?

A

Did maladministration occur?

Did it cause injustice?

50
Q

What if public body doesn’t accept finding?

A
  • can issue special report
  • can refer to select committee who can investigate further
  • also may seek JR of gov decision not to accept findings
51
Q

Cannot qu the merits of the decision without being maladministration

A

PCS 1967 s 12(3)

SPSOA 2002 s7(1)

52
Q

Crossman Catalogue of maladministration

Richard Crossman, 1996, Hansard

A
  • bias
  • neglect
  • inattention
  • delay
  • incompetence
  • inaptitude
  • perversity
  • turpitude
  • arbitrariness
  • so on
53
Q

Injustice not just illegality but sense of outrage at treatment

A

Sedly J. R v Parliamentary Commissrion for Administration ex p Balchin 1997

54
Q

So the argument that at the end of the day regardless result would have been the same has no effect here

A

Sedley J.

R v Parliamentary Commissioner for Administration ex p Balchin 1997

55
Q

Authority for investigation in PCA 1967?

A

S 7

56
Q

Authority for investigation in SPSOA 2002?

A

s 12

57
Q

What are the rules of investigation outlined in these two sections?

A
  • private
  • PB has opportunity to comment
  • Ombudsmen determines all other bits of procedure
58
Q

Not lawful for public body to block access

A

Court can interfere and force coooperation s9/s14

59
Q

Means of redress?

A

Individual reports or annual reportts before Parliament

60
Q

Equitable Life (2007-2008)

A

Failure. Refused compensation scheme. Gov refused. Laid report before Parl. Still refused.

Shows system doesn’t always work

61
Q

Reports have no legally binding effects

A

R (Bradley) v SoS for Work and Pensions 2007

  • can refuse so long as not irrational in JR case (just need cogent reasons for decision)
62
Q

Ombudsmen and JR?

A
  • Oms should always refuse if other means of resolution

- but reports of Oms and goes reactions can always be subject to JR

Law and Government : Year 2 Term 1 (8 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions