University Public Law: Tribunals
Reviewed:
Module PUBLIC
Topic tribunals
Confidence
Cases/Statute
Organizer 1
Next Review
Created @June 4, 2023 7:22 PM
N
Related to Cases/Statute/Words (1) (Notebook)
Status Not started
Text
Type Full Notes
W
Contents
Tribunals – themes
Public Law Chapter 17- Tribunals
Initial government decision-making
Problems with court litigation
Importance of tribunals
Tribunals—Their Place In The UK’s Public Law System
Tribunals
Tribunals – some features
Development of tribunals
Historical Background
Citizen V State’ and ‘Party V Party’ Tribunals
University Public Law: Tribunals 1
, What Is At Stake In Tribunal Proceedings?
The Reorganisation of Tribunals
The Leggatt Report and Transforming Public Services
Judicial Independence and Tribunals
Her Majesty’s Courts and Tribunals Service
The First-Tier Tribunal and The Upper Tribunal
Tribunal Caseloads
Oversight of Administrative Justice
Tribunals, Courts and Enforcement Act 2007
Tribunal procedure
Tribunal Procedures
Internal Administrative Reviews of Initial Decision-Making
Access to Tribunals
Tribunal Procedure Rules
The Conduct of Tribunal Hearings
Legal Representation
Oral and Paper Appeals
Tribunal Reason-Giving
Social security appeals
Immigration appeals
Immigration appeals – politically sensitive issue
Fact-finding
School admission appeals
Other tribunals
Upper Tribunal
Upper Tribunal – error of law jurisdiction
Judicial Oversight of Tribunal Decision-Making
Judicial Control of Tribunals
Error of Law
Judicial Review in The Upper Tribunal
Example 1
ombudsman
Example 2: Sri Lankan asylum appellant
Tribunals
Procedural fairness
Jurisdiction: a tribunal must not act outside its statutory jurisdiction
Jurisdiction and tribunal procedure rules
How do tribunals make decisions?
Standard of proof, evidence and fact-finding
Burden of proof
Tribunals and Administrative Justice: An Uncertain Future?
Michael Adler, Emeritus Professor of Socio-Legal Studies, University of Edinburgh
Conclusions
Questions
Notes:
Defining Tribunals
1. Define Tribunals and summarise their role.
2. Summarise the key differences between courts and tribunals.
3. Why do tribunals exist?
4. What is Baroness Hale’s “biggest worry of all” about tribunals and why?
University Public Law: Tribunals 2
, 5. What is administrative review and how does it compare with tribunals?
a. What have been the government’s justifications for giving administrative
review a more prominent role?
b. What are the strengths and weaknesses of administrative review compared
with tribunals?
The Approach in Tribunals
1. What is an inquisitorial approach? What are its advantages and disadvantages?
2. What is an adversarial approach? What are its advantages and disadvantages?
3. What factors determine which type of procedure that tribunals use?
Debates Surrounding Tribunals
1. Why was legal aid reduced by the Legal Aid, Sentencing and Punishment of
Offenders Act 2013? What have the effects of this been?
2. Will having online appeals enhance the effectiveness of tribunals?
3. Why are so many appeals allowed? Why is this a problem? What could be done
about it?
Evaluating Tribunals
Critically analyse the extent to which the strengths of tribunals outweigh their weaknesses.
Tribunals – themes
Administration v adjudication
Administrative justice- different from the Law
How is a large scale system for administrative justice achieved?
A tension between what they do
Quality of initial administrative decision-making
Justice, fairness, and good decisions v cost-efficient and timely justice
How to organise and manage a large-scale justice system
In the real world, resources and time are limited – but people need to be treated fairly and properly. How do we achieve this?
Political factors – eg immigration
Public Law Chapter 17- Tribunals
Tribunals can substitute their own decisions unlike in judicial review cases, therefore they administer the law themselves.
Tribunals are independent and judicial statutory bodies.
The Tribunal will decide whether or not someone is a refugee. There are 10,000 such appeals per year and around 40 per
cent are allowed.
An individual whose claim for a welfare benefit has been turned down can appeal to the FTT (Social Entitlement Chamber).
There are around 200,000 such appeals per year and over 60 per cent are allowed.
A child who has been refused admission to the school of his or her choice by a local authority may appeal to a school
admissions appeal panel. There are over 40,000 such appeals per year and over 20 per cent are allowed.
The tribunal’s decision will be binding upon the parties unless it can be successfully overturned through an onward challenge.
Tribunals are a vitally important part of the legal system, providing access to justice for a large community of users across a
wide range of issues. As the courts have noted: ‘In this day and age a right of access to a Tribunal or other adjudicative
University Public Law: Tribunals 3
Reviewed:
Module PUBLIC
Topic tribunals
Confidence
Cases/Statute
Organizer 1
Next Review
Created @June 4, 2023 7:22 PM
N
Related to Cases/Statute/Words (1) (Notebook)
Status Not started
Text
Type Full Notes
W
Contents
Tribunals – themes
Public Law Chapter 17- Tribunals
Initial government decision-making
Problems with court litigation
Importance of tribunals
Tribunals—Their Place In The UK’s Public Law System
Tribunals
Tribunals – some features
Development of tribunals
Historical Background
Citizen V State’ and ‘Party V Party’ Tribunals
University Public Law: Tribunals 1
, What Is At Stake In Tribunal Proceedings?
The Reorganisation of Tribunals
The Leggatt Report and Transforming Public Services
Judicial Independence and Tribunals
Her Majesty’s Courts and Tribunals Service
The First-Tier Tribunal and The Upper Tribunal
Tribunal Caseloads
Oversight of Administrative Justice
Tribunals, Courts and Enforcement Act 2007
Tribunal procedure
Tribunal Procedures
Internal Administrative Reviews of Initial Decision-Making
Access to Tribunals
Tribunal Procedure Rules
The Conduct of Tribunal Hearings
Legal Representation
Oral and Paper Appeals
Tribunal Reason-Giving
Social security appeals
Immigration appeals
Immigration appeals – politically sensitive issue
Fact-finding
School admission appeals
Other tribunals
Upper Tribunal
Upper Tribunal – error of law jurisdiction
Judicial Oversight of Tribunal Decision-Making
Judicial Control of Tribunals
Error of Law
Judicial Review in The Upper Tribunal
Example 1
ombudsman
Example 2: Sri Lankan asylum appellant
Tribunals
Procedural fairness
Jurisdiction: a tribunal must not act outside its statutory jurisdiction
Jurisdiction and tribunal procedure rules
How do tribunals make decisions?
Standard of proof, evidence and fact-finding
Burden of proof
Tribunals and Administrative Justice: An Uncertain Future?
Michael Adler, Emeritus Professor of Socio-Legal Studies, University of Edinburgh
Conclusions
Questions
Notes:
Defining Tribunals
1. Define Tribunals and summarise their role.
2. Summarise the key differences between courts and tribunals.
3. Why do tribunals exist?
4. What is Baroness Hale’s “biggest worry of all” about tribunals and why?
University Public Law: Tribunals 2
, 5. What is administrative review and how does it compare with tribunals?
a. What have been the government’s justifications for giving administrative
review a more prominent role?
b. What are the strengths and weaknesses of administrative review compared
with tribunals?
The Approach in Tribunals
1. What is an inquisitorial approach? What are its advantages and disadvantages?
2. What is an adversarial approach? What are its advantages and disadvantages?
3. What factors determine which type of procedure that tribunals use?
Debates Surrounding Tribunals
1. Why was legal aid reduced by the Legal Aid, Sentencing and Punishment of
Offenders Act 2013? What have the effects of this been?
2. Will having online appeals enhance the effectiveness of tribunals?
3. Why are so many appeals allowed? Why is this a problem? What could be done
about it?
Evaluating Tribunals
Critically analyse the extent to which the strengths of tribunals outweigh their weaknesses.
Tribunals – themes
Administration v adjudication
Administrative justice- different from the Law
How is a large scale system for administrative justice achieved?
A tension between what they do
Quality of initial administrative decision-making
Justice, fairness, and good decisions v cost-efficient and timely justice
How to organise and manage a large-scale justice system
In the real world, resources and time are limited – but people need to be treated fairly and properly. How do we achieve this?
Political factors – eg immigration
Public Law Chapter 17- Tribunals
Tribunals can substitute their own decisions unlike in judicial review cases, therefore they administer the law themselves.
Tribunals are independent and judicial statutory bodies.
The Tribunal will decide whether or not someone is a refugee. There are 10,000 such appeals per year and around 40 per
cent are allowed.
An individual whose claim for a welfare benefit has been turned down can appeal to the FTT (Social Entitlement Chamber).
There are around 200,000 such appeals per year and over 60 per cent are allowed.
A child who has been refused admission to the school of his or her choice by a local authority may appeal to a school
admissions appeal panel. There are over 40,000 such appeals per year and over 20 per cent are allowed.
The tribunal’s decision will be binding upon the parties unless it can be successfully overturned through an onward challenge.
Tribunals are a vitally important part of the legal system, providing access to justice for a large community of users across a
wide range of issues. As the courts have noted: ‘In this day and age a right of access to a Tribunal or other adjudicative
University Public Law: Tribunals 3
