The Tribunal System and its Costs

Agricultural Land Tribunal (Wales)

National Assembly for Wales

K1 Brief description of the tribunal's business. Settles disputes and other issues between agricultural landlords and tenants under the Agricultural Holdings Act 1986.

K2 Cases received:
Total disposals in the year:
     disputes resolved:
     otherwise disposed of:
Pending at the end of the year:

Total Succession on Death Succession on retirement Non Succession

22 14 3 5

25 13 4 8

10 5 2 3

15 8 2 5

38 28 3 7

K3 Time taken to deal with a case, from first receipt to final disposal, and the time taken to implement the tribunal's decision. No records available for time taken to process an application.
Tribunal determines deadlines for implementation of its decisions as appropriate.

K4 For appeal tribunals, the percentage of appeals which succeed. Not applicable.

K5 Managerial structures for the tribunal administration: The Administrator (AO) reports to the tribunal Secretary (EO) who reports directly to the Chairman (a solicitor).

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? Tribunal decisions are circulated to other ALTs.

K7 Nature and scope of current ICT systems, and any major plans for improvement. Tribunal can be e-mailed through a dedicated ALT mailbox.

K8 How the tribunal(s) fit in the department's Modernising Government strategy. Rules of procedure are being revised and simplified.

K9 Numbers and grades of staff engaged on providing administrative support to the tribunal. 1xEO
1xAO

K12 Performance and user satisfaction measures in the tribunal. No recorded measurements available, although Secretariat staff job plans include personal ALT performance- related work objectives.

K13 Arrangements for assistance for users, legal or otherwise (including legal aid). Legal aid is not available. No administrative charges are made for processing or hearing appeals.

K14 Arrangements for providing hearings (including their locations). Arrangements for the venue of the hearing are made by the Secretary in consultation with the Chairman.

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. No issues have been identified.

JSB ECHR training provided.

K16 Arrangements for appointing tribunal members, both legally and otherwise qualified. Appointments are made by the Lord Chancellor from nominations made by:
Country Landowners Association - Landowners' Panel;
The National Farmers' Union, and Farmers' Union of Wales - Farmers Panel; and
the Environment Agency - Drainage Panel.

Chairman and Deputy Chairmen must be barristers or solicitors of seven years standing.

Initial appointment is for five years and can be renewed subject to satisfactory performance.

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 Chairman - average 13 days (Ł280 per day)
1 Deputy Chairman - average 3 days (Ł280 per day)
16 Farmers' Panel - average 1 or 2 days (expenses only)
10 Landowners' Panel - average 1 or 2 days (expenses only)
1 Drainage Panel - average 1 or 2 days (expenses only).

LCD is currently recruiting to fill six vacancies.

K18 Arrangements for training tribunal members, and the approach to and content of training. Induction training for new members, including observing a hearing, and a briefing day on the work of the tribunal.

Serving panellists have attended National Assembly for Wales Agriculture Department training days on themes such as evaluation of evidence, ECHR etc. Days run in north and south Wales - the first such days for ALTs in England and Wales. MAFF officials are to adopt similar practice in England.

K19 Arrangements for staff training. On-the-job training and desk instructions, allied to normal core staff development training.

K20 Resources expended on:

a tribunal member salaries and expenses Ł4,731.98

b staff salaries and expenses Ł38,000 (approximately)

c system administration Ł55,000 (notional)

d accommodation; Ł1,915.80 (hearing venue costs)

e tribunal member training Ł3,232.37

f staff training Not available separately.

TOTAL: Ł102,880.15

Mental Health Review Tribunal for Wales

National Assembly for Wales

K1 Brief description of the tribunal's business. To review, in individual cases, the need for the continuing detention of patients under the Mental Health Act 1983.

K2 Cases received:
Total disposals in the year:
     disputes resolved:
     otherwise disposed of:
Pending at the end of the year: 934 (267 section 2s, 572 non-restricted, 95 non-restricted)

487 hearings (164 section 2s, 256 non-restricted, 67 restricted)
remainder withdrawn or did not proceed as patient regraded
117 applications carried forward

K3 Time taken to deal with a case, from first receipt to final disposal, and the time taken to implement the tribunal's decision. Section 2: Statutory requirement 5 days (96% within timescale)
Non-restricted: Best practice 8 weeks (19% met)
Restricted: Best practice 12 weeks (13% met)
Restricted recall: Statutory requirement 8 weeks (100%)

K4 For appeal tribunals, the percentage of appeals which succeed. 16% of patients were discharged from their section by the tribunal.

K5 Managerial structures for the tribunal administration: Grade 7 Principal Officer (Policy matters)
HEO clerk to the tribunal
EO hearing clerks and casework team leaders
AOs and AAs as support 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? Appeals against tribunal decisions can only be made to the courts, and only on a point of law. The judgements on judicially reviewed cases are made available to the membership and secretariat and discussed at meetings.

Complaints about members, chairmen and staff are dealt with by formal complaints procedures.

K7 Nature and scope of current ICT systems, and any major plans for improvement. Each member of the Secretariat has own PC, linked to National Assembly system. Currently reviewing IT packages to improve efficiency in the processing of appeals.

K8 How the tribunal(s) fit in the department's Modernising Government strategy. MHRT outside Assembly's mainstream business. Can be overlooked; staff have access to modernisation courses, but lack interface with other Assembly branches and Divisions.

K9 Numbers and grades of staff engaged on providing administrative support to the tribunal. 1xHEO
4.5x EO + 2 self-employed clerks for North Wales area.
2x AO
3x AA

K12 Performance and user satisfaction measures in the tribunal. There are no performance and user satisfaction measures in place other than the statutory/ideal timescales (see K3, above). However, regular meetings are held with professional bodies involved in the tribunal process in order to achieve best practice.

K13 Arrangements for assistance for users, legal or otherwise (including legal aid). Patients and those nearest relatives who have the right to apply for the patient's discharge (non-restricted cases) receive non-means tested legal aid.

Choice of solicitor has been curtailed by legal aid requirement that solicitor must be a member of Law Society Mental Health Review Tribunal Panel and have a mental health contract.

K14 Arrangements for providing hearings (including their locations). Tribunal hearings are provided by the hospital/mental health unit where the patient is detained, or, if they are living in the community, where their Responsible Medical Officer is based.

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, and good practice guidance issued.

K16 Arrangements for appointing tribunal members, both legally and otherwise qualified. Members are appointed by the Lord Chancellor, who is required to consult the National Assembly about the appointment of medical and lay (but not legal) members.

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 Chairman - 15-30 days sitting (annual retainer of Ł18,000 + daily rate of Ł350)
11 Legal members - 15-30 days sitting (Ł245.70 per day)
10 Judicial members - 15-30 days sitting (Ł349.52 per day)
29 Medical members - 15-30 days sitting (Ł232.33 per day)
18 Lay members - 15-30 days sitting (Ł99.72 per day)

K18 Arrangements for training tribunal members, and the approach to and content of training. One-day induction followed by two-day training course for all members. Also an AGM for all members and an annual meeting for all legal members.

K19 Arrangements for staff training. National Assembly training provided (IiP accreditation). Clerk has attended specialist training (eg Human Rights).

K20 Resources expended on:

a tribunal member salaries and expenses Ł450,000 (includes training)

b staff salaries and expenses Ł276,000 (includes administration, accommodation, training)

c system administration Ł

d accommodation; Ł

e tribunal member training Ł

f staff training Ł

TOTAL: Ł726,000

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K1	Brief description of the tribunal's business.	To review, in individual cases, the need for the continuing detention of patients under the Mental Health Act 1983.
K2	Cases received: Total disposals in the year: disputes resolved: otherwise disposed of: Pending at the end of the year:	934 (267 section 2s, 572 non-restricted, 95 non-restricted) 487 hearings (164 section 2s, 256 non-restricted, 67 restricted) remainder withdrawn or did not proceed as patient regraded 117 applications carried forward
K3	Time taken to deal with a case, from first receipt to final disposal, and the time taken to implement the tribunal's decision.	Section 2: Statutory requirement 5 days (96% within timescale) Non-restricted: Best practice 8 weeks (19% met) Restricted: Best practice 12 weeks (13% met) Restricted recall: Statutory requirement 8 weeks (100%)
K4	For appeal tribunals, the percentage of appeals which succeed.	16% of patients were discharged from their section by the tribunal.
K5	Managerial structures for the tribunal administration:	Grade 7 Principal Officer (Policy matters) HEO clerk to the tribunal EO hearing clerks and casework team leaders AOs and AAs as support 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?	Appeals against tribunal decisions can only be made to the courts, and only on a point of law. The judgements on judicially reviewed cases are made available to the membership and secretariat and discussed at meetings. Complaints about members, chairmen and staff are dealt with by formal complaints procedures.
K7	Nature and scope of current ICT systems, and any major plans for improvement.	Each member of the Secretariat has own PC, linked to National Assembly system. Currently reviewing IT packages to improve efficiency in the processing of appeals.
K8	How the tribunal(s) fit in the department's Modernising Government strategy.	MHRT outside Assembly's mainstream business. Can be overlooked; staff have access to modernisation courses, but lack interface with other Assembly branches and Divisions.
K9	Numbers and grades of staff engaged on providing administrative support to the tribunal.	1xHEO 4.5x EO + 2 self-employed clerks for North Wales area. 2x AO 3x AA
K12	Performance and user satisfaction measures in the tribunal.	There are no performance and user satisfaction measures in place other than the statutory/ideal timescales (see K3, above). However, regular meetings are held with professional bodies involved in the tribunal process in order to achieve best practice.
K13	Arrangements for assistance for users, legal or otherwise (including legal aid).	Patients and those nearest relatives who have the right to apply for the patient's discharge (non-restricted cases) receive non-means tested legal aid. Choice of solicitor has been curtailed by legal aid requirement that solicitor must be a member of Law Society Mental Health Review Tribunal Panel and have a mental health contract.
K14	Arrangements for providing hearings (including their locations).	Tribunal hearings are provided by the hospital/mental health unit where the patient is detained, or, if they are living in the community, where their Responsible Medical Officer is based.
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, and good practice guidance issued.
K16	Arrangements for appointing tribunal members, both legally and otherwise qualified.	Members are appointed by the Lord Chancellor, who is required to consult the National Assembly about the appointment of medical and lay (but not legal) members.
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 Chairman - 15-30 days sitting (annual retainer of Ł18,000 + daily rate of Ł350) 11 Legal members - 15-30 days sitting (Ł245.70 per day) 10 Judicial members - 15-30 days sitting (Ł349.52 per day) 29 Medical members - 15-30 days sitting (Ł232.33 per day) 18 Lay members - 15-30 days sitting (Ł99.72 per day)
K18	Arrangements for training tribunal members, and the approach to and content of training.	One-day induction followed by two-day training course for all members. Also an AGM for all members and an annual meeting for all legal members.
K19	Arrangements for staff training.	National Assembly training provided (IiP accreditation). Clerk has attended specialist training (eg Human Rights).
K20	Resources expended on:
a	tribunal member salaries and expenses	Ł450,000 (includes training)
b	staff salaries and expenses	Ł276,000 (includes administration, accommodation, training)
c	system administration	Ł
d	accommodation;	Ł
e	tribunal member training	Ł
f	staff training	Ł
	TOTAL:	Ł726,000