Contents
Foreword
An
Overview
Chapter
One Introduction
Scope
Tribunals or courts
Participation
The need for special
expertise
Expertise in administrative
law
Distinctiveness
Coherence
The tribunal world today
The relationship with
departments
The relationship with
users
Procedures
Part I The Tribunals System
Chapter
Two A more independent system
Other
approaches
Franks
European Convention on
Human Rights
The scope of the Convention
Previous cases
Double standards
As independent as the
courts
Relations with Government
Ministerial responsibility
Procedural reform
The Parliamentary Commissioner
for Administration
Modernising services
Appointments
Chapter
Three A more coherent system
The
current position
A single system
Disputes between the
citizen and the state
Investigatory Powers
Tribunal
THE CITIZEN AND LOCAL
GOVERNMENT
PARTY AND PARTY TRIBUNALS
Separate administration
Employment Tribunals
(ETs)
Courts
Administrative responsibility
Improving policy and
procedure
Jurisdiction and costs
Land, property and housing
Intellectual property
Chapter
Four A more user-friendly system
Information
for the user
The approach
Information from decision-makers
Information from tribunals
Independent help and
advice
Preparation
Representation
User groups
Employment advisers
Costs and conditional
fees
Clerks
Chapter
Five The Tribunals Service
A
Tribunals Service
Features of an executive
agency
User-focussed
Creating the Tribunals
Service
Appeals Service example
Initial size and scope
of the Tribunals Service
Features of the Tribunals
Service
Size and scope
Service to users
A Charter
Business processes
Administrative performance
measures
Funding arrangements
Best value services
Savings for departments
and authorities
Building afresh
Chapter
Six The Tribunals System
THE
STRUCTURE OF THE SYSTEM
Divisions
Constituting the Divisions
First-tier tribunals
Appeals: current position
Appellate tribunals: our
proposals
Grounds for appeals:
the general rule
Exceptions
Developing the law
Precedent
The place of judicial
review
Bowman
Appeal and judicial review
The appellate Division
and judicial review
First-tier tribunals
and judicial review
Presidents
Regional and District
Chairmen
A Tribunals Board
Structure of the Tribunals
System
PAY AND CONDITIONS
Rates
of pay and conditions of service
Status
Titles
Chapter
Seven The conduct of tribunals
An
enabling approach
Appointments
The Presidents’
functions
Chairmen
Non-lawyers
Use of non-lawyers
Assessors
Fairness
Training
Performance appraisal
The Council on Tribunals
A new Association
Chapter
Eight Active case management
Scheduling
Registrars
Procedures: citizen and
state tribunals
Procedures: party and
party tribunals
Hearings
Alternative Dispute Resolution
The benefits of ADR
Employment Tribunals
Land and property
The way forward
Chapter
Nine Relationship with Departments
Internal
review
Responding to the requirements
of tribunals
Learning from tribunal
decisions
Departments
Tribunals
Chapter
Ten Information Technology
The
approach
Administrative efficiency
Improved quality
Public understanding
Greater accessibility
Management information
Public confidence
The future
Practicalities
A legal information
database
Chapter
Eleven Devolution
General
issues
Wales
Scotland
Northern Ireland
Chapter
Twelve Related bodies
The
Council on Tribunals
Professional disciplinary
bodies
Market and service regulators
Licensing authorities
and other regulators
The Human Fertilisation
and Embryology Authority
Ombudsman schemes
Part
II Individual Tribunals
A
note on this Part
The Appeals Service
The Criminal Injuries Compensation
Appeals Panel
Employment Tribunals and
the Employment Appeal Tribunal
The Immigration Appellate
Authorities
The Lands Tribunal
Mental Health Review Tribunals
in England
The
Parking Appeals Service, the National Parking Adjudication Service
PART
II Individual Tribunals - continued
The
Pensions Appeal Tribunals
Rent Assessment Panels
School Admission Appeal
Panels
The Social Security and
Child Support Commissioners
The Special Educational
Needs Tribunal
Tax tribunals: the General
Commissioners of Income Tax
Tax tribunals: the Special
Commissioners, the VAT and Duties Tribunal, the Section 703 Tribunal
Tax tribunals: reform of
the tax appeals system
Valuation Tribunals
The Australian Example
Part
III Summary of Recommendations
Summary
of recommendations
Annex
A - List of those who responded to our Consultation Paper
Annex
B - Useful websites
Annex
C - List of abbreviations used in the report
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