Valuation Tribunals in England
Department of the Environment, Transport and the Regions.
K1 Brief description of the tribunal's business. 56 Valuation Tribunals (VTs) in England, organised on a county and unitary authority basis in rural areas, and a district or borough basis in metropolitan areas. They deal with appeals against valuations for non-domestic rating (NDR) and valuations and liability for Council Tax. K2 Cases received:
Total disposals in the year:
disputes resolved:
otherwise disposed of:
Pending at the end of the year:222,800
281,900
40,300 decided
241,600 settled
129,100K3 Time taken to deal with a case, from first receipt to final disposal, and the time taken to implement the tribunal's decision. NDR: Following a revaluation it can take up to three years to deal with initial appeals. At less busy times up to 15 months. For the 2000 NDR revaluation new programming arrangements are being introduced. Under these arrangements the Valuation Office Agency (VOA) is publishing programmes indicating when blocks of appeals are likely to be dealt with. Council Tax: following banding in 1993, initial surge of appeals dealt with within two years. Now within six months. Liability cases quicker.
Statutory requirement to give 28 days notice of hearings (normally give longer). New standard that decisions should be issued within 21 days of hearing.
K4 For appeal tribunals, the percentage of appeals which succeed. Large majority of valuation appeals settled without a hearing (though almost all are listed). 42% of 1995 list led to some reduction. Around 70% of Council Tax appeals rating led to a change in banding. No statistics kept on success rates at VT hearings, but VOA and VT representatives suggest 50%.
K5 Managerial structures for the tribunal administration: DETR responsible for policy and funding of VTs, and operate controls on the number of members, staff, local spending. Individual VTs historically served by small local offices headed by a Clerk. Some offices serving up to four VTs. New arrangements for VT Management Board and 14 administrative units to serve the 56 VTs. DETR provide pay, personnel, accommodation, IT support. K6 How tribunal outcomes are fed back into departmental/agency decision-making, and used to identify and correct problems with the substantive law, or departmental policies and service delivery? Close relationship with DETR. Some legislation (eg on VT membership appointment arrangements) has stemmed directly from VT suggestions. Standing forum set up comprising representatives of National Association of VTs, Society of Clerks of VTs, and DETR to consider matters of mutual interest, and to act as a sounding board.
K7 Nature and scope of current ICT systems, and any major plans for improvement. Bespoke IT systems (local area networks for each local office) introduced in 1989, and replaced in 1993. Replaced by wide area networked system in 1999, which allows for automatic transfer of valuation appeals, and improved electronic communication between VTs and VOA. VT offices being linked to GSI, developing websites, and are linked to DETR Financial Management system which allows them to pay local bills. K8 How the tribunal(s) fit in the department's Modernising Government strategy. FMPRs: 1992 dealt mainly with financial and strategic management issues; 1999 made a number of recommendations on jurisdiction and management, administration and staffing, appeal procedures. Proposal is that central administrative functions should be passed from DETR to the service as it develops. Process underway. Intention to create NDPB ( Endnote 1 ) K9 Numbers and grades of staff engaged on providing administrative support to the tribunal. 180 staff:
99 Court-taking staff:30 Clerks
31 Deputy Clerks
38 Tribunal Officers81 Clerical staff:
13 Office Managers
16 Senior Clerical Officers
52 Clerical OfficersLong-term plan to have one Clerk for each of 14 administrative units. Interim measure is appointment of Head of Administration (either from a single clerkship, or from up to four). Consulted on more appropriate staffing arrangements. Simplification of grading structure proposed.
K12 Performance and user satisfaction measures in the tribunal. Survey undertaken to inform most recent FMPR. Individual VTs undertake own surveys. Intended that VT Management Board will undertake periodic surveys. FMPR recommended DETR sponsor periodic (every 3 to 5 years) judicial audits to ensure judicial standards were being maintained.
K13 Arrangements for assistance for users, legal or otherwise (including legal aid). Appeal leaflets, advice and assistance from staff. Hearings informal, and chairmen assist parties. No provision for legal aid.
K14 Arrangements for providing hearings (including their locations). Hearings may be held at the VT office or other venues. Aim to provide local hearing. VTs can have as many as 10 venues. Local authorities required to provide accommodation 'at reasonable cost' but many VTs seek to reinforce independence by using other accommodation. K15 The extent to which the tribunal's practices and procedures have been reviewed for conformity to ECHR requirements, and any particular concerns which have been identified. Legislative provision has been reviewed and is believed to be compliant. K16 Arrangements for appointing tribunal members, both legally and otherwise qualified. Members appointed jointly by local authorities and VT presidents. No legal or other qualification. Key qualities are impartiality, objectivity, common sense, ability to assimilate facts. Presidents are elected by members from among their number.
K17 Number of members of the tribunal, by category of appointment and whether full-time or part-time (in the latter case, with an average number of sitting days each year); and rates of pay. Around 2,000 members. Aim is for each to sit at least 12 times a year but hearings subject to late cancellation. New programming arrangements should bring greater certainty. Members are not paid, but receive travelling and subsistence and, where, appropriate, financial loss allowance.
K18 Arrangements for training tribunal members, and the approach to and content of training. The main role of the National Association of VTs Within 12 - 18 months, training in local government finance system; council tax valuation, banding & liability; non-domestic rating valuations; appeals system; valuation tribunal service (roles and structure); role of Valuation Office Agency, DETR and local authorities; procedure and practice at tribunal. 2 - 3 years' standing: valuation of specialist properties; assessment of evidence; interpretation of law and cross-examination. Chairmen/Presidents to be trained in: relevant case and statute law; chairing meetings; handling disputes; dealing with appellants.
K19 Arrangements for staff training. Arranged through Society of Clerks of VTs. Includes an in-house annual training conference, attendance at Institute of Rating, Revenues and Valuation conference each year. FMPR recommended assessment of individual needs based on annual appraisal. Under consideration. K20 Resources expended on: a tribunal member salaries and expenses £101,000 - financial loss allowance
£661,000 - travelling and subsistence allowances ( Endnote 2 )b staff salaries and expenses £4,695,000 c system administration £2,467,000 d accommodation; £2,376,000 e tribunal member training £160,000 ( Endnote 3 ) f staff training see above TOTAL: £10,460,000 Endnotes:
This will require primary legislation.
This includes staff travelling and subsitence.
Includes members and staff.
Commons Commissioners
Department of the Environment, Transport and the Regions.
K1 Brief description of the tribunal's business. Adjudicate on registrations under the Commons Registration Act 1965 to which objections have been made and not withdrawn, conflicting registrations, disputed claims to ownership of commons and greens, and enquire into the ownership of unclaimed land. K2 Cases received:
Total disposals in the year:
disputes resolved:
otherwise disposed of:
Pending at the end of the year:2
172
436K3 Time taken to deal with a case, from first receipt to final disposal, and the time taken to implement the tribunal's decision. Average of five months between receipt and resolution. K4 For appeal tribunals, the percentage of appeals which succeed. Not applicable. K5 Managerial structures for the tribunal administration: Administrative support is provided by two DETR officers, as part of their responsibilities. K6 How tribunal outcomes are fed back into departmental/agency decision-making, and used to identify and correct problems with the substantive law, or departmental policies and service delivery? No formal arrangements, but the views of the Commissioners have been sought in connection with recent consultations on common land policy. K7 Nature and scope of current ICT systems, and any major plans for improvement. Information about the Commissioners is on the DETR website. Looking to explore other ways of developing ICT potential. K8 How the tribunal(s) fit in the department's Modernising Government strategy. Looking for a second part-time Commissioner who is IT literate and forward looking in use of ICT. Considering moving to a fees- based system of remuneration, rather than salaried. Information about the Commissioners is available on the DETR website. When arranging inquiries, seek to make appropriate arrangements for people with disabilities. K9 Numbers and grades of staff engaged on providing administrative support to the tribunal. 1/3 PB4 (HEO)
1/3 PB3 (EO).
Work overseen by a G7.K12 Performance and user satisfaction measures in the tribunal. Seek to take on board any feedback from users. K13 Arrangements for assistance for users, legal or otherwise (including legal aid). Legal aid is available to users. K14 Arrangements for providing hearings (including their locations). Arranged by an assistant clerk at an appropriate location (in E+W) close to the site. K15 The extent to which the tribunal's practices and procedures have been reviewed for conformity to ECHR requirements, and any particular concerns which have been identified. Arrangements have been reviewed. K16 Arrangements for appointing tribunal members, both legally and otherwise qualified. All members must be barristers or solicitors of seven years standing. The Lord Chancellor is responsible for all appointments. K17 Number of members of the tribunal, by category of appointment and whether full-time or part-time (in the latter case, with an average number of sitting days each year); and rates of pay. Chief Commons Commissioner currently the only Commissioner. Part-time one day per week appointment (£19,175 per annum). K18 Arrangements for training tribunal members, and the approach to and content of training. Chief Commons Commissioner responsible for all training matters. As solicitors and barristers, Commissioners bring a degree of expertise in a relevant area of law. K19 Arrangements for staff training. Staff training arranged in-house. K20 Resources expended on: a tribunal member salaries and expenses £55,000 b staff salaries and expenses £13,000 approximately c system administration Systems costs are paid directly by DETR d accommodation; Accommodation is provided by DETR e tribunal member training £0 - chairmen have seven years experience as barristers or solicitors. f staff training Training is provided by DETR TOTAL: £68,000+ Civil Aviation Authority
Department of the Environment, Transport and the Regions.
K1 Brief description of the tribunal's business. The CAA is responsible for the provision of air traffic services, and the economic and safety regulation of UK civil aviation. CAA tribunals are constituted in accordance with section 2 of the CAA Act 1982 in the exercise of functions prescribed for the purposes of s7(2) of that Act. This covers air operator licensing; route licensing; air transport licensing; air travel organisers' licensing; and regulation 6 hearings - air navigation order appeals.
K2 Cases received:
Total disposals in the year:
disputes resolved:
otherwise disposed of:
Pending at the end of the year:2088 (147 route licensing, 1932 air travel organisers' licences; 9 regulation 6 hearings).
89 cases withdrawn/settled (24 rl; 62 atol; 3 reg 6).
2000 cases decided ( 94 rl; 1900 atol; 6 reg 6).
231 pending at the end of the year ( 127 rl; 101 atol; 3 reg 6).K3 Time taken to deal with a case, from first receipt to final disposal, and the time taken to implement the tribunal's decision. Regulation 6 cases average 20 weeks. Information has not been provided for other types of case. K4 For appeal tribunals, the percentage of appeals which succeed. Not applicable K5 Managerial structures for the tribunal administration: There is no separate tribunal administration with the CAA. K6 How tribunal outcomes are fed back into departmental/agency decision-making, and used to identify and correct problems with the substantive law, or departmental policies and service delivery? Any problems with the substantive law are reported by CAA lawyers to DETR lawyers for legislative action. K7 Nature and scope of current ICT systems, and any major plans for improvement. CAA IT systems are used, including a spreadsheet to log the details of tribunals. The returns are sent to the CoT. K8 How the tribunal(s) fit in the department's Modernising Government strategy. The aim is to conduct tribunal proceedings in a responsive manner, providing a quality service, in line with the Modernising Government Strategy. K9 Numbers and grades of staff engaged on providing administrative support to the tribunal. This is not separately identified within the CAA. K12 Performance and user satisfaction measures in the tribunal. None. K13 Arrangements for assistance for users, legal or otherwise (including legal aid). Legal aid is not available. K14 Arrangements for providing hearings (including their locations). The CAA provides hearing rooms in its Kingsway offices in London. K15 The extent to which the tribunal's practices and procedures have been reviewed for conformity to ECHR requirements. Legal advice has been provided on ECHR conformity. K16 Arrangements for appointing tribunal members, both legally and otherwise qualified. CAA members are appointed by the Secretary of State. K17 Number of members of the tribunal, by category of appointment and whether full-time or part-time (in the latter case, with an average number of sitting days each year); and rates of pay. CAA has a chairman, two full-time members and five part-time members. The exercise of CAA's tribunal functions requires up to 12 sitting days per year. K18 Arrangements for training tribunal members, and the approach to and content of training. In-house training is provided. K19 Arrangements for staff training. In-house training is provided. K20 Resources expended on: Resources expended on the tribunal function are not separately identified from other CAA expenditure. a tribunal member salaries and expenses b staff salaries and expenses c system administration d accommodation; e tribunal member training f staff training TOTAL: Rent Assessment Panels
Department of the Environment, Transport and the Regions.
K1 Brief description of the tribunal's business. To determine "fair rents" where the landlord or tenant has objected to the rent fixed by the rent officer, and to resolve various categories of disputes about residential leasehold property. K2 Cases received:
Total disposals in the year:
disputes resolved:
otherwise disposed of:
Pending at the end of the year:
Fair Rent Appeals Market Rent Cases 6044 1166 8821 1200 7824 748 997 452 1346 224 Cases received:
Total disposals in the year:
disputes resolved:
otherwise disposed of:
Pending at the end of the year:
LVT Cases Other 1404 91 1506 118 498 100 1008 18 1009 15 K3 Time taken to deal with a case, from first receipt to final disposal, and the time taken to implement the tribunal's decision. Rent Assessment Committees: Fair rent appeals - under 12 weeks (35 weeks in London); market rent cases: 14 weeks. Leasehold Valuation Tribunal: Pre-Housing Act 1996 and Housing Act 1996 applications - both 35 weeks
K4 For appeal tribunals, the percentage of appeals which succeed. Fair rent appeals: Rent Assessment Committee increased the rent set by the Rent Officer in 54% of cases, decreased the rent in 18% of cases, and confirmed the rent in 28% of cases (Source: Rent Assessment Committee decisions in the nine month period to 30 September 1999) K5 Managerial structures for the tribunal administration: Each panel (there are 8) is headed by a President assisted by at least 1 part-time vice president, has a full (or part time) panel secretary and a small number of caseworkers. K6 How tribunal outcomes are fed back into departmental/agency decision-making, and used to identify and correct problems with the substantive law, or departmental policies and service delivery? Panel presidents are encouraged to notify DETR of any problems with applying existing statutory provisions and to advise on possible changes in the law for rectifying the position. K7 Nature and scope of current ICT systems, and any major plans for improvement. Existing system out of date. New case management system being introduced with tracking and scheduling facilities. Website planned on which decisions will be published. Implementation end of 2000. K8 How the tribunal(s) fit in the department's Modernising Government strategy. As statutory independent bodies, the Panels do not form part of the department's Modernising Government strategy. There is, however, an expectation that they will provide a customer-focused regulatory service. K9 Numbers and grades of staff engaged on providing administrative support to the tribunal. 1xSEO
9xHEO
20.5xEO
32xAO
2x AA
1xtyping manager
1xpersonal secretary
7.5xtypistK12 Performance and user satisfaction measures in the tribunal. None. K13 Arrangements for assistance for users, legal or otherwise (including legal aid). Information and general advice on residential leasehold property matters is provided by the Leasehold Advisory Service (LEASE), an independent body, sponsored by DETR. Legal aid is not available.
K14 Arrangements for providing hearings (including their locations). Hearings generally held in suitable venues (council offices, church halls, hotels) for the convenience of the parties. Exception is London, where all hearings are held in the Panel office. These arrangements are under review.
K15 The extent to which the tribunal's practices and procedures have been reviewed for conformity to ECHR requirements. Legal advice sought and procedures reviewed. Reasons now produced in all cases. K16 Arrangements for appointing tribunal members, both legally and otherwise qualified. Chairmen appointed by the Lord Chancellor, members by the Secretary of State. Vacancies are advertised in specialist publications or the local press. K17 Number of members of the tribunal, by category of appointment and whether full-time or part-time (in the latter case, with an average number of sitting days each year); and rates of pay. Vice Presidents and Presidents (range from £14,300 for a regional Vice President one day a week to £47,200 for the President of the London Panel three days a week). 169 Chairmen (£311 per day)
114 Professional members (£223 per day)
111 Lay members (£144 per day)
Members sit for 30 - 50 days per year on average.
K18 Arrangements for training tribunal members, approach and content of training. Induction (organised nationally): guidance on legislation and procedures; observe tribunal; ad hoc meetings on specific subjects; and JSB courses. In-house training developed and run by (vice) presidents.
Regular seminars on legal, technical & procedural issues.
Training and development director appointed recently to develop training strategy.
K19 Arrangements for staff training. Panels organised locally. Induction training, occasional nationally organised specialist subject training, on-going coaching and general skills-based courses. K20 Resources expended on: a tribunal member salaries and expenses £2,325,000 b staff salaries and expenses £1,885,000 c system administration £660,000 ( Endnote 1 ) d accommodation; £870,000 e tribunal member training £30,000 (excluding in-house training which is covered under other headings) f staff training £30,000 (excluding in-house training which is covered under other headings) TOTAL: £5,800,000 Endnotes:
IT maintenance and development cost (£395,000 per annum), and vehicle hire, hire of halls, photocopying, printing, publications and stationery.
Parking Appeals Service
Department of the Environment, Transport and the Regions.
K1 Brief description of the tribunal's business. Parking Adjudicators determine appeals against the refusal of representations against a Notice to Owner in the case of a parking penalty. 1996 London Local Authorities Act has added responsibilities for bus lane enforcement. K2 Cases received:
Total disposals in the year:
disputes resolved:
otherwise disposed of:
Pending at the end of the year:37,975
33,795
25,810
7,985
8,590K3 Time taken to deal with a case, from first receipt to final disposal, and the time taken to implement the tribunal's decision. 8 weeks 3.5 days from receipt to hearing. Decision letters printed at time of hearing so no delay.
K4 For appeal tribunals, the percentage of appeals which succeed. About 60% of appeals are successful. K5 Managerial structures for the tribunal administration: Administration managed by the Head of the Parking Appeals Service, a member of the Association of London Government Transport and Environment Committee's management team. Manager has a small administrative team: the bulk of appeals processing is carried out by contracted staff, hence there is management within the contracted team as well as regular and random reporting, monitoring and management of the contract. Head of Parking Appeals reports directly to the chief officer of the ALG T&E Committee.
Service agreements and operational reports play a large part in the effective management of the tribunal administration.
K6 How tribunal outcomes are fed back into departmental/agency decision-making, and used to identify and correct problems with the substantive law, or departmental policies and service delivery? Decisions which highlight a defect in the law or general problems with the practices or policies of London Boroughs are fed back to the ALG T&E Chief Executive. Problems with individual boroughs are taken up by PAS directly. K7 Nature and scope of current ICT systems, and any major plans for improvement. ICT systems contracted out to SIS Ltd on the basis on an output-related contract covering clerical and administrative support overall. This has resulted in a very high use of ICT which provides, in effect, a paperless tribunal. The arrangements are being extended to provide electronic transfer of evidence from boroughs, and video links for remote hearings.
K8 How the tribunal(s) fit in the department's Modernising Government strategy. Current arrangements already fit closely into the Modernising Government Strategy. K9 Numbers and grades of staff engaged on providing administrative support to the tribunal. 3 Administrative staff to support Head of PAS: 1 Administrative officer (£16,390 - £19,320)
1 Personal assistant (£18,000 - £21,300)
1 Adjudication support officer (£19,00 - £23,510)
Contractors supply approximately 20 staff in their service as it relates to appeals.
K12 Performance and user satisfaction measures in the tribunal. Performance indicators from work programme, Service Level Agreements from SIS reported on monthly. K13 Arrangements for assistance for users, legal or otherwise (including legal aid). Legal aid is not available. Appellants are advised that they are welcome to bring someone with them to advise, represent or offer moral support.
K14 Arrangements for providing hearings (including their locations). Hearings held at one venue in central London, at times to suit appellants (hearings available evenings and on Saturdays). Developing video-conferencing facilities for remote hearings. K15 The extent to which the tribunal's practices and procedures have been reviewed for conformity to ECHR requirements, and any particular concerns which have been identified. ECHR compliance extensively examined. K16 Arrangements for appointing tribunal members, both legally and otherwise qualified. All adjudicators must be legally qualified, and are appointed by the Committee with the Lord Chancellor's approval. Applicants are recruited by open advertisement and interviewed by a panel comprising members of the Committee, the Chief Adjudicator, and an LCD representative. K17 Number of members of the tribunal, by category of appointment and whether full-time or part-time (in the latter case, with an average number of sitting days each year); and rates of pay. 1 Chief Adjudicator 34 Adjudicators. Most adjudicators sit for three hours a week, and are paid £34 an hour.
K18 Arrangements for training tribunal members, and the approach to and content of training. Training adjudicators is the responsibility of the Chief Adjudicator. Induction training provided in-house on both the law and adjudication. Continuing training mainly at events held four times a year, delivered mainly by fellow adjudicators.
Where possible, training structured so as to be accredited for the Law Society's CPD requirements.
K19 Arrangements for staff training. Contractors are required to provide IT training. Other tribunal-related training provided in-house. General office and customer- service training is provided in-house or externally, depending on the need. K20 Resources expended on: a tribunal member salaries and expenses £500,000 (approximately) ( Endnote 1 ) b staff salaries and expenses £110,000 c system administration Within contract: fixed sum and unit charge (@£7 per case) d accommodation; £244,000 e tribunal member training £15,500 f staff training £2,500 TOTAL: £ Endnotes:
Includes the Chief Adjudicator employed to act as adjudicators' manager and chairman
National Parking Adjudication Service
Department of the Environment, Transport and the Regions.
K1 Brief description of the tribunal's business. Deals with appeals by motorists and vehicle owners against local authorities' enforcement of parking regulations. Jurisdiction stems from authorities adopting Road Traffic Act 1991 decriminalised parking enforcement scheme in England and Wales (but not London). Currently 28 local authorities in the scheme. K2 Cases received:
Total disposals in the year:
disputes resolved:
otherwise disposed of:
Pending at the end of the year:649
649
not provided
not provided
5K3 Time taken to deal with a case, from first receipt to final disposal, and the time taken to implement the tribunal's decision. Objective to deal with a postal case in the fifth week after receipt. Personal appeals fixed as and when enough in a particular area to make it worthwhile. Most dealt with within 56 days. K4 For appeal tribunals, the percentage of appeals which succeed. Varies from council to council, but overall: 33% allowed, 31% not contested by Council (and so automatically allowed). K5 Managerial structures for the tribunal administration: Day-today management shared between Chief Adjudicator and the Service Director. A Management Board, consisting of officers of various councils, and a DETR representative oversees management and scrutinises finance. Potential for problems as council representatives often from area of council dealing with parking accounts. K6 How tribunal outcomes are fed back into departmental/agency decision-making, and used to identify and correct problems with the substantive law, or departmental policies and service delivery? Annual Report comments on issues that have arisen and makes recommendations for amendments to legislation. Reports are made of the Joint Committee meetings so that members can take back any issues to their own authority to deal with (though individual cases are not discussed).
K7 Nature and scope of current ICT systems, and any major plans for improvement. Cases currently dealt with by a manual case file system. Microsoft Access database registers all appeals, plots progress, provides management reports of case status, and produces standard correspondence. Plans for a small case management system, but current workload not sufficiently stable or certain to make full business needs analysis. Factors to consider: need to communicate with increasing number of local authorities (150 by end of 2002), each with own ticketing system; Parking Appeals a low priority for authorities; hearings held in each area where parking is enforced - need to make best use of laptop technology.
K8 How the tribunal(s) fit in the department's Modernising Government strategy. Currently writing specification for a website. Applying on-line a possibility but need not to bypass authorities' internal representation processes. K9 Numbers and grades of staff engaged on providing administrative support to the tribunal. 1 Service Director
1 Appeals Manager
1 Secretary
1 Appeals Clerk.K12 Performance and user satisfaction measures in the tribunal. Under consideration. Hope to use the website for user feedback, as well as more traditional surveys. K13 Arrangements for assistance for users, legal or otherwise (including legal aid). Legal aid is not available. Representation allowed for those without English as a first language. Application forms invite appellants to get in touch if they have particular needs.
K14 Arrangements for providing hearings (including their locations). Hearings offered in each local authority area that is part of the scheme. Ad hoc arrangement at present. Venues of varying quality and suitability. When workload increases, could find private sector partner to identify hearing rooms, and provide reception, security, and IT provision. K15 The extent to which the tribunal's practices and procedures have been reviewed for conformity to ECHR requirements. ECHR implications have been considered. K16 Arrangements for appointing tribunal members, both legally and otherwise qualified. Appointed by the Joint Committee with the Lord Chancellor's consent. Part-time appointments delegated to the Chief Adjudicator. Now 18 part-timers, appointed in close co-operation with LCD. Open advertising, panel (LCD, Chief Adjudicator, lay member) sift, interviews.
K17 Number of members of the tribunal, by category of appointment and whether full-time or part-time (in the latter case, with an average number of sitting days each year); and rates of pay. 1 full-time Chief Adjudicator 18 part-time adjudicators (£305 per day). At present adjudicators are used approximately once a month each, although some in the North West have done three sessions every two months. By Autumn 2001 workload a commitment of two days per month is expected.
K18 Arrangements for training tribunal members, and the approach to and content of training. New adjudicators attended a conference for all Parking Adjudicators, including London and Scotland. Three day conference in April, consisting of two days induction training, final session on ECHR. Each has had individual training from the Chief Adjudicator, and were initially supervised in their sittings.
JSB have included adjudicators in their "Introduction to Tribunal Skills" course. Two adjudicators will attend "Training the Trainer" courses.
Further training session planned for December.
K19 Arrangements for staff training. Small number of staff, so "trained as we go along". Regular team meetings. Staff will be included in December training session.
K20 Resources expended on: a tribunal member salaries and expenses £119,000 (staff and adjudicators, salaries and training) b staff salaries and expenses see 'a', above c system administration £98,650 d accommodation; £26,350 e tribunal member training see 'a', above f staff training see 'a', above TOTAL: £244,310 ( Endnote 1 ) Endnotes:
Income for the year was £265,224 Capital Expenditure of £114,416.88 was incurred.
Traffic Commissioners
Department of the Environment, Transport and the Regions.
K1 Brief description of the tribunal's business. Traffic Commissioners are statutorily responsible for the licensing of the operators of heavy goods vehicles (HGVs) and of buses and coaches (Public Service Vehicles, PSVs). The are also involved with the registration of local bus services and disciplinary action against the drivers of HGVs and PSVs. K2 Cases received:
Total disposals in the year:
disputes resolved:
otherwise disposed of:
Pending at the end of the year:919 disciplinary HGV operator public inquiries
184 disciplinary PSV operator public inquiries
37 disciplinary public inquiries relating to bus services
233 environmental public inquiries
2,661 disciplinary hearings of drivers of HGVs and PSVs
Public inquiries are the end of the disciplinary process so virtually all the cases were dealt with and resolved during the year.
Also:
9,691 applications for new goods vehicle operator licences
9,878 applications to vary HGV operator licences
1,035 applications for PSV licences
1,396 applications to vary PSV licences
23,822 applications to register, vary or cancel local bus services.K3 Time taken to deal with a case, from first receipt to final disposal, and the time taken to implement the tribunal's decision. The only legislative time limit is that notification of an inquiry needs to be 21 days before the date of the inquiry. The published service standard for dealing with operator licensing applications is 20 weeks.
K4 For appeal tribunals, the percentage of appeals which succeed. Not applicable. K5 Managerial structures for the tribunal administration: There is a Traffic Commissioner in each of the eight Traffic Areas in Great Britain, which are serviced by six Traffic Area Offices (TAOs), which, with a headquarters unit, is known as the Traffic Area Network (TAN). Administrative staff in TAOs are managed by an Administrative Director. Cases brought to a public inquiry are considered by a Licensing Review Board and/or a Public Inquiry Team, who are part of the TAO staff, and make recommendations to the Traffic Commissioner about which cases might be considered at a Public Inquiry.
Traffic Commissioners are responsible for the way in which Public Inquiries are conducted, and they are assisted by a Court Clerk who is a member of the TAO staff.
Although Traffic Commissioners are statutorily independent in their decision-making, the TAN remains part of the Department of the Environment, Transport and the Regions (DETR).
K6 How tribunal outcomes are fed back into departmental/agency decision-making, and used to identify and correct problems with the substantive law, or departmental policies and service delivery? All Traffic Commissioner decisions made at Public Inquiries are recorded within the TAO to use as precedents for future cases. Where there are wider implications, decisions are conveyed to other Traffic Commissioners and TAOs. The Senior Traffic Commissioner issues procedural and policy guidance notes. These may arise from or encompass the outcome of Transport Tribunal decisions and comments.
If Traffic Commissioners feel there are problems with the substantive law, departmental policies or service delivery, they can make their views known to departmental officials in the appropriate legal and policy divisions, or to ministers.
K7 Nature and scope of current ICT systems, and any major plans for improvement. There are no ICT systems that specifically support Public Inquiries, but PSV and HGV operator licensing is supported by computer systems. DETR has invested in an organisation-wide major change programme in the TAN that will deliver (by 1 April 2001) re-engineered business systems and new ICT systems. This will provide better service for Commissioners and the road transport industry.
K8 How the tribunal(s) fit in the department's Modernising Government strategy. TAN is to contribute to DETR's Modernising Government strategy in:
responsive public services and the information age (the new ICT system, and examining ways of improving service),
consumer satisfaction (customer surveys) and
sustainable development (Commissioners make decisions about suitability of operating centres, bus routes and the financial viability of operators).
K9 Numbers and grades of staff engaged on providing administrative support to the tribunal. 295 administrative staff in the TAN providing support:
1 Grade 5
9 Grade 7s
3 SEOs
20 HEOs
45 EOs
140 AOs
63 AAs
14 other support grades
28 part-time TAO staff at AO level as Court ClerksK12 Performance and user satisfaction measures in the tribunal. There are no performance or user satisfaction measures at Public Inquiries. K13 Arrangements for assistance for users, legal or otherwise (including legal aid). There are no arrangements for providing assistance to users other than guidance notes, and the advice provided on the day by the Traffic Commissioner or the Court Clerk. Legal aid is not available.
K14 Arrangements for providing hearings (including their locations). ALL TAOs have their own courtrooms. Where it is considered necessary or appropriate, such as in environmental cases, inquiries can also be held at other venues within the Traffic Area. K15 The extent to which the tribunal's practices and procedures have been reviewed for conformity to ECHR requirements, and any particular concerns which have been identified. ECHR compliance has been examined. Appointments processes for Deputy Traffic Commissioners have been altered. K16 Arrangements for appointing tribunal members, both legally and otherwise qualified. Traffic Commissioners and Deputy Traffic Commissioners are appointed by the Secretary of State for Environment, Transport and the Regions. Appointments are under open competition run by an independent recruitment firm in line with departmental rules and guidance. All vacancies are advertised in the national press. There is no requirement for Traffic Commissioners or their deputies to be legally qualified. The latest advertisement called for "candidates who have considerable management, legal or administrative experience, preferably in transport, the courts or administrative tribunals. A legal qualification would be an advantage but is not essential".
K17 Number of members of the tribunal, by category of appointment and whether full-time or part-time; and rates of pay. 7 full-time Commissioners (£56,000 per annum) 13 part-time Deputies - no sitting information provided (£223 per day)
K18 Arrangements for training tribunal members, and the approach to and content of training. The Senior Traffic Commissioner is responsible for organising training for Traffic Commissioners and Deputies. Training is provided by the Judicial Studies Board. Traffic Commissioners and Deputies also meet once a year, and training on particular issues (eg ECHR) can be provided then. K19 Arrangements for staff training. Court clerks are trained on the job according to the competencies identified for the post. K20 Resources expended on: a member salaries and expenses £273,000 ( Endnote 1 ) b staff salaries and expenses £219,000 ( Endnote 2 ) c system administration No figure available for tribunal work. d accommodation; Not recorded separately (£43,421 on casual accommodation). e tribunal member training No figure available for training f staff training No figure available for training TOTAL: £535,421 - excluding administration, accommodation and most staff costs. Endnotes:
An estimate, on the basis that approximately 50% of Commissioners' time is spent on the compliance work including Public Inquiries.
For Court Clerk work only.