Statutory judicial bodies and tribunals

Question 1

What are tribunals?

Answer 1

Tribunals are specialist judicial bodies dealing with administrative and regulatory cases. They do not have any jurisdiction in criminal matters.
Cases may be started in a Tribunal or transferred between the County Court and the High Court, and tribunals (and vice versa).
There are two Tribunal levels: the First Tier Tribunal, and the Upper Tribunal. The Upper Tribunal is a senior court and is equivalent to the High Court. The Upper Tribunal hears appeals from the First Tier Tribunal.
The current tribunals system was created by the Tribunals, Courts and Enforcement Act 2007, which consolidated the previous system.

Question 2

How many First Tier Tribunals are there?

Answer 2

There are seven first tier tribunals, known as ‘chambers’. The chambers in the First-tier Tribunal hear appeals from citizens against decisions made by government departments or agencies, although proceedings in the Property Chamber are on a private law basis, as are proceedings in the Employment Tribunal.

• War Pensions and Armed Forces Compensation Chamber
• Social Entitlement Chamber
• Health, Education and Social Care Chamber
• General Regulatory Chamber
• Tax Chamber
• Immigration and Asylum Chamber
• Property Chamber
  The Employment Tribunal is also at ‘first tier’ level but is not a ‘Chamber’ of the First Tier Tribunal.

Question 3

How many chambers in the upper tribunal?

Answer 3

There are four chambers in the Upper Tribunal, hearing appeals from the First Tier. The Employment Appeals Tribunal is at Upper Tribunal level but sits separately.

1. Administrative Appeals Chamber
   * War Pensions and Armed Forces Compensation Chamber
   * Social Entitlement Chamber
   * Health, Education and Social Care Chamber
   * General Regulatory Chamber
2. Tax and Chancery Chamber
   * Tax Chamber
3. Immigration and Asylum Chamber
   * Immigration and Asylum Chamber (FTT)
4. Lands Chamber
   * Property Chamber

Question 4

Who is the Senior President of Tribunals?

Answer 4

The independent and statutory leader of the tribunal judiciary. This office was established under the Tribunals Courts and Enforcement Act 2007. Just as the Lord Chief Justice heads the judiciary in England and Wales, the Senior President heads the tribunals judiciary, although his or her remit extends to Scotland and Northern Ireland depending on the jurisdiction concerned (Immigration and Asylum as well as Tax are UK-wide).

Question 5

Who is the A Tribunal or Chamber President?

Answer 5

A judicial personnel responsible for the day-to-day judicial administration of their tribunal or (within the new simplified, two-tier structure) their Chamber. They act as a vital link between the Senior President of Tribunals, the judicial officers of their tribunal, and the senior judiciary outside the Tribunals Service.

Question 6

Tribunal judges…

Answer 6

… are legally qualified and responsible for ensuring the individual tribunal hearings they chair make the correct decision in law.

Question 7

Tribunal members are…

Answer 7

… the specialist non-legally qualified. ‘lay’ members of the panel hearing the case. Not every panel includes non-legal members

Question 8

How does Coroner’s Courts work? What are ‘inquests’?

Answer 8

Another important part of public decision-making takes places in Coroner’s Courts. Coroners investigate all deaths where the cause is unknown, or where there is reason to think it was not due to natural causes. Coroners’ investigations are called ‘inquests’.
Coroners will hear evidence from people involved in events leading up to the death of the deceased. Inquests are not as formal as court hearings, although the parties may be represented by lawyers and there may be examination of witnesses. Juries will be convened to decide the cause of death in some cases, notably when the deceased died in state custody.
Coroners do require legal experience, but they are not considered to be members of the judiciary. Coroners are barristers, solicitors or medical practitioners of not less than five years standing, who continue in their legal or medical practices when not sitting as coroners.
A Coroner’s decision is called a ‘verdict’.

Question 9

What are Public Enquiries?

Answer 9

Public inquiries are major investigations, convened by government departments, that are given special statutory powers to compel testimony and the release of other forms of evidence.
The only justification required for a public inquiry is the existence of “public concern” about a particular event or set of events.
Public Inquiries have addressed topics as wide-ranging as transport accidents, fires, the mismanagement of pension funds, self-inflicted deaths in custody, outbreaks of disease, and decision-making that has led to war.
Notable recent inquiries include the public inquiry into the Grenfell disaster, the public inquiry into under-cover policing, and the public inquiry into the UK’s role in the Iraq War.

Question 10

What does the Inquiries Act 2005 mean?

Answer 10

If a public inquiry is held under this Act, the inquiry has:
* Legal powers to compel witnesses to give evidence.
* Legal safeguards and procedures.
* Statutory framework for appointment of a chair and other inquiry personnel, the taking of evidence, and production of a report and recommendations.
However, there is nothing to compel the government to act on the recommendations of a statutory public inquiry.

Question 11

What are other areas of Public inquiries?

Answer 11

Town and Country planning decisions of public importance have long been made following public inquiries. These inquiries take place under separate legislation.
Inquiries happen when the local authority refuses planning permission for a development, and the developer appeals. Inquiries also take place into proposed local plans (plans which set out what kind of development is allowed where in a local area).
Inquiries allow members of the public to appear as ‘third parties’ and challenge the evidence given by the local authority and the developer.

Question 12

The Upper Tribunal hears…

Answer 12

… appeals from the First Tier Tribunal

Question 13

Tribunal judges are a mixture of…

Answer 13

… legally qualified and specialist ‘lay’ members

Question 14

Coroners’ courts investigate…

Answer 14

… deaths which may not be attributable to natural causes

Question 15

Statutory public inquiries under the Inquiries Act 2005 take place…

Answer 15

… into issues of significant public interest and importance, for example the Grenfell fire in 2017