AJTC News

Administrative Justice at Risk?

Conference

The latest AJTC annual conference was held at the BIS Conference Centre, 1 Victoria Street, London on 17 November 2011. The Conference followed the theme of the AJTC's report 'Administrative Justice at Risk' and featured a range of speakers from the world of Administrative Justice. The event, which was on a smaller scale than in previous years, was attended by around 130 people.

The opening keynote speech was given by the Rt Hon Baroness Scotland of Asthal QC who was followed by Richard Thomas discussing 'Administrative Justice at the Crossroads'. Ann Abraham, shortly to retire as Parliamentary and Health Service Ombudsman, provided her perspective on complaint handling by public bodies. Recognising the role of new media in 'spreading the message' key segments of her speech were delivered in the format of 'tweets'. Steve Hynes of Legal Action Group gave a view from the advice sector and Catherine Lee, Director of Access to Justice at MoJ provided a perspective from the Department and its Ministers. The afternoon session comprised a joint presentation from Council member Professor Alice Brown and Professor Malcolm Harrington on the subject of 'Right First Time'. Professor Harrington is leading a review of the Work Capability Assessment for Employment and Support Allowance. Speeches were concluded by the Senior President of Tribunals, The Rt. Hon. Lord Justice Carnwath, giving the judicial perspective.

Both sessions concluded with a panel discussion. The panel for the morning session included the Rt Hon Lord Newton of Braintree, first Chairman of the AJTC, who gave his own view of the current administrative justice landscape and prospective developments. The Master of the Rolls, the Rt Hon. Lord Neuberger of Abbotsbury, joined the afternoon discussion panel.

Copies of the speeches and presentations can be accessed on the AJTC website.

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Parliamentary News

Evidence to the Public Administration Select Committee

On 26 October the Commons Public Administration Select Committee announced a short inquiry into the government's plans for oversight of the Administrative Justice system. The AJTC Chairman and Chief Executive gave evidence to the Committee on 22 November 2011. The corrected evidence will appear on the Committee's website in due course. The hearing, including evidence from the Parliamentary Under Secretary of State, Jonathon Djanogly MP and Anna Deignan, Deputy Director of Access to Justice at the MoJ, is available on the parliament.tv website

Public Bodies Act

The Public Bodies Act received Royal Assent on 14 December 2011, The Ministry of Justice subsequently published its response to the consultation on reforms proposed under the Act. In the response, the Lord Chancellor and Secretary of State for Justice confirms that the government will seek to abolish the Administrative Justice and Tribunals Council (AJTC). Commenting on the announcement, Richard Thomas, AJTC Chairman said:

"We believe that the government is seriously misguided in its wish to close down the independent body which is the champion for the hundreds of thousands of people who challenge its mistakes each year. We promote access to justice, fairness and efficiency and hope to persuade Parliament that our disappearance should not be approved".

A draft order to abolish the AJTC is expected to be laid in the Spring of 2012. As with all Orders under the Public Bodies Act 2011 it will be subject to the enhanced affirmative procedure set out in the act and must be approved by both Houses of Parliament before it can come into force.

The government's response to the consultation can be found here.

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Judicial News

Appointment to Supreme Court

The Queen has approved the appointment of two new Justices of the Supreme Court, The Rt Hon Lord Reid and The Rt Hon Lord Carnwath CVO. They are appointed respectively in place of the late Lord Rodger of Earlsferry and The Rt Hon the Lord Brown of Eaton-under-Heywood upon the latter's retirement in April 2012. Both will take up their appointments on dates to be agreed with the President of the Supreme Court.

Lord Justice Carnwath is currently the Senior President of Tribunals.

The formal announcement is on the 10 Downing Street website.

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Social Security

An Independent Review of the Work Capability Assessment – year two, Professor Malcolm Harrington

Professor Malcolm Harrington has recently published his report of the 2nd year of his review of the operation of the Work Capability Assessment for Employment and Support Allowance. The DWP also published its response to the recommendations in Professor Harrington's report. Both reports can be obtained from www.dwp.gov.uk/wca-review.

Incapacity Benefit Reform (CRESR/SHU Report)

Christina Beatty and Steve Fothergill of The Centre for Regional Economic Research (CRESR) at Sheffield Hallam University have published research into the effect of the ongoing changes to Incapacity Benefit. Their report 'Incapacity Benefit Reform – the local, regional and national impact' was published in November. The report concludes that Incapacity Benefit claimant numbers will fall by around 1million, of which 800,000 will be existing claimants who lose entitlement. The authors go on to examine the breakdown of these claimants in terms of national distribution and the alternative entitlements (Income Support, JSA etc.) that might be available to them. They conclude that the areas most affected will be the older industrial areas in the North, Scotland and Wales. The full report is available here.

DWP/PDCS Report 'Understanding Experiences of PDCS Customers Engaged with the Formal Complaints Process'

The Dept for Work and Pensions has followed up a 2008 National Audit Office recommendation to examine in depth the barriers customers experience when making a complaint. The report 'Understanding Experiences of PDCS Customers Engaged with the Formal Complaints Process' was published on 31 August. Key conclusions include:

• Some customers felt that making a complaint was relatively straightforward though others reported some degree of difficulty
• A major frustration was being passed between staff and not getting to speak to the correct person
• Customer experience of the complaints handling process is closely bound up with the outcome of the process
• Customers frequently gave up on the complaints process despite not having their complaint satisfactorily resolved

The full report is available here.

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Employment

Resolving Workplace Disputes – Government Response

On 23 November 2011 the government published its response to the consultation Resolving Workplace Disputes, which ran from April to June this year. The response confirms the government's intention to take forward initiatives including increasing the qualifying period for unfair dismissal, a greater role for conciliation/mediation and, in due course, fees for making an application to an employment tribunal.

The report also announced a fundamental review of the employment tribunal's procedural rules. The review will be led by Mr Justice Underhill, the outgoing President of the Employment Appeal Tribunal in England and Wales, who has been asked to report by April 2012.

The full response is available here.

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Education

Consultation on Admissions Regulations

The DfE has consulted on changes to the regulations on school admissions including appeal arrangements. The rules underwrite the Admission Appeals Code, a revised draft of which the Council was consulted on earlier in the year. The Dept has subsequently issued a revised version of the code.

The consultation on the draft regulations ran from 10 November to 5 December 2011. The AJTC's response is avaialable here.

Special Educational Needs Information Act 2008 – An Analysis 2011

The DfE has published its annual summary on the characteristics and attainments of pupils with special educational needs, which can be viewed here.

NAO Report – Oversight of Special Education for Young People aged 16-25

The National Audit Office has published a report on the DfE's oversight of Special Education for the 16-25 age group. The report covers the DfE's role in Oversight and Information, its Overall Value for Money and on Local placement decisions for individual students. The full report can be read here.

Resolving Disputes about Educational Provision

Professor Neville Harris of the University of Manchester and Sheila Riddell of the University of Edinburgh have published Resolving Disputes about Educational Provision. Further details are available on the publisher's website.

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Asylum and Immigration

Family Migration – a Consultation

The AJTC responded to the UK Border Agency's consultation on Family Migration. The Council suggested that a 'Right First Time' approach could reduce unnecessary appeals while preserving access to independent adjudication for those cases where it is required. The full response is here.

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Other Tribunals Service News

Gangmaster's Licensing Appeals

The Gangmaster's Licensing Appeals Tribunal became the latest organisation to join HMCTS in November 2011. The tribunal hears appeals against decisions of the Gangmaster's Licensing Authority, which licences businesses providing work gangs in agriculture and other fields.

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Ombudsmen

Appointment of Parliamentary and Health Service Ombudsman

The Queen has appointed Dame Julie Mellor to the post of Parliamentary and Health Service Ombudsman. The appointment follows an intensive selection process and pre-appointment hearings before the Public Administration Select Committee. Dame Julie succeeds Ann Abraham who retires in January 2012. She will be an ex-officio member of the AJTC and its Scottish and Welsh Committees.

Other PHSO Publications

The Ombudsman has published a number of significant reports in the last few months including:

• Report on Consultation on Direct Access - the majority of respondents to consultation support the removal of the legal requirement for complaints to be referred by an MP
• Defending the Indefensible - concerning treatment by the MoD and Service Personnel and Veterans Agency of those held prisoner by the Japanese.
• Responsive and Accountable - a survey of government complaint handling.
• Listening and Learning - a review of NHS complaint handling
• Report on the Care and Support for a Person with Downs' Syndrome - published jointly with the Local Government Ombudsman.
• The Information Promise – setting out the standards that members of the public, bodies in the Ombudsman's jurisdiction and others can expect from the Ombudsman's Office when handling, storing, protecting and sharing information.

Tom Sargant Lecture

On 13 October 2011 Ann Abraham delivered the annual Tom Sargant Memorial Lecture. Her presentation set out the history of the development of the role of Parliamentary Ombudsman and considered the place of the Ombudsman in the wider administrative justice landscape. A transcript of the lecture can be found here.

LGO Reports

The Local Government Ombudsman's annual report for 2010-11 was published on 4 July and describes their work and rising caseload over the past year. The LGO has also published recent reports on:

• Common Faults in School Admission Appeals
• Council Tax Enforcement
• A Response to EHRC report on elder care

Nigel Newcomen Appointed Prisons and Probation Ombudsman

Nigel Newcomen was appointed Prisons and Probation Ombudsman on 5 September 2011 in place of Stephen Shaw.

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Scotland

Consultation on Scottish CJC

On 29 November the Scottish Committee of the AJTC responded to the Scottish Government consultation paper on the Creation of a Scottish Civil Justice Council. In addition to responding to the questions posed in the consultation paper the Committee made a number of supplementary comments expanding the detail points made in the response. The response and Chairman's covering letter can be accessed here.

Scottish Committee AJTC – Consultation Paper

The Scottish Committee has launched a consultation exercise regarding administrative decisions made by Scottish Government departments and public bodies where there is no right of appeal against the decision or where the right of appeal is inaccessible or inappropriate.

The consultation is the accumulation of work undertaken by the Scottish Committee as it considered that these decisions were of paramount importance for the future of administrative justice in Scotland. The discussion paper issued on 22 December and the Committee are seeking responses by the end of January. The paper can be read or downloaded here. There is also an introductory letter from the Scottish Committee Chairman and a Questionnaire.

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Wales

The Ombudsman's Notebook

In October the office of the Welsh Public Services Ombudsman published the latest edition of 'The Ombudsman's Notebook' – a digest of recent cases.

Inquiry into the establishment of a separate Welsh jurisdiction

The Constitutional and Legislative Affairs Committee of the National Assembly for Wales has decided to carry out an inquiry into the establishment of a separate Welsh jurisdiction. The Committee has issued a call for written evidence, the deadline for which is 3 February 2012. Further details can be found here

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Northern Ireland

Reform of Tribunal Structures and Systems

The Department for Justice in Northern Ireland is currently developing proposals for reform of its tribunal structures and systems. As part of the development of those proposals the Department has published a discussion paper seeking views on ways in which the system could be improved.

A copy of the discussion paper and the response questionnaire are on the DJNI website here.

Law Centre (NI) Research

Two pieces of research recently published by the Law Centre (NI) look at aspects of tribunal justice in the province:

• Structural Tribunal Reform in Northern Ireland by Brian Thompson
• Supporting Tribunal Users, Access to pre-hearing information, advice and support in Northern Ireland by Grainne McKeever

Access to Justice Review

A review of Access to Justice in Northern Ireland led by Mr Jim Daniell reported on 05 September.

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Other News

Litigants in Person

Two recent publications have considered the issues facing those who take proceedings or attend court without representation.

• MoJ Literature Review. On 21 June 2011 the Ministry of Justice published a literature review looking at what is known about unrepresented litigants and their possible impact on cases and the courts. The report is available on the Ministry's website.
• On 31 October the Civil Justice Council published a report titled Access to Justice for Litigants in Person (or self-represented litigants). The report is available here.

ILPA website

The Immigration Law Practitioners' Association has a new website.

Judicial response to consultation on Solving Disputes in the County Courts

The Lord Chief Justice and Master of the Rolls have responded jointly on behalf of the Judiciary to the recent MoJ consultation on 'Solving Disputes in the County Courts'.

Plenet becomes Law for Life

Plenet, the Public Legal Education Network has re-launched itself as Law for Life.

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