Tribunals Flashcards
Tribunals
They are used instead of going to court, and they cannot go to court unless they have exhausted the tribunal procedure.
Individuals
Are encouraged to bring their own case without legal representation.
What is the composition of Tribunals?
Most tribunals have a legally qualified chairperson and two lay members, who are usually subject experts.
No formal rules of evidence apply but rules of natural justice must be followed.
Administrative
This type of tribunal deals with disputes between individuals and the State over rights contained in social welfare legislation, such as Social Security, Immigration, and Land.
Domestic
These are internal Tribunals used for disputes within private bodies, such as the Law Society, and the General Medical Council.
Employment
These are the biggest use of Tribunals, and deal with disputes between employers and employers over rights under employment legislation.
1957 Franks Committee
Recommended that tribunal procedures should be an example of “openness, fairness, and impartiality”. These recommendations were implemented in the Tribunals and Inquires Act 1958
1958 Council on Tribunals
Was set up to supervise and review tribunal procedures. The Council was a body that would deal with complaints and submit recommendations for improvement. However, it was regarded as a ‘watchdog with no teeth’ meaning that it had very little power to make change.
2000 Sir Andrew Leggatt
“Tribunals for Users - One System, One Service” this report marked a radical reform of the Tribunal system, since Leggatt reported that Tribunals lacked independence, coherence, and were not user friendly.
2007 Tribunals, Courts and Enforcement Act
This was the Act that formalised and implemented most of Leggatt’s Reforms and contribute to the most radical shake up of the Tribunal system seem for many years.
Leggatt’s Criticisms
Tribunals not user friendly.
No uniformity of procedure.
Lack of accessibility to the public.
Lack of independence.
