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Appeal tribunal reform - Tribunals, Courts and Enforcement Act 2007 In 1999 the Leggatt Report on the reform of tribunals, "Tribunal for Users – One System, One Service", highlighted a number of deficiencies in the appeal structure in terms of the independence and efficiency of tribunals. Among its many recommendations was that “the citizen should be presented with a single, overarching structure, giving access to all tribunals”, in effect a unified appeal system.
Government response to these suggestions was at first lukewarm but by March 2003 it was agreed that there was a need for reform.
In July 2004 the Department for Constitutional Affairs published a white paper, “Transforming Public Services: Complaints, Redress and Tribunals”, followed the findings of the Leggatt report with regard to the appeal system but also considered alternative ways to solve disputes which avoid the necessity for an appeal.
The Tribunals, Courts and Enforcement Act received Royal Assent on 19 July 2007.
The Act makes provision about tribunals and inquiries, establishes an Administrative Justice and Tribunals Council, amends the law relating to judicial appointments enforcement of judgments and debts. It makes further provision about the management and relief of debt, the protections of cultural objects from seizure or forfeiture in certain circumstances and amends the law relating to the taking of possession of land affected by compulsory purchase. It also alters the powers of the High Court in judicial review applications; and for connected purposes.
Part 1 of the Act creates a new, simplified statutory framework for tribunals which provides coherence and will enable future reform. It brings tribunal judiciary together under a Senior President. It also replaces the Council on Tribunals, the supervisory body for tribunals, with the Administrative Justice and Tribunals Council, which has been given a broader remit.
It is intended that most existing tribunals will be unified under a single tribunal service agency with a simplified structure of two tiers.
The first Tier will hear appeals to tribunals and the Upper tier will hear appeals from the lower tier to what are currently commissioners. Normally, if required, appeals will progress from the first to the upper tier though there will be some variation for certain tribunals.
There will also be a right of appeal from the upper tier via a statutory review by a single Court of Appeal judge though leave to appeal will only be granted if it is an issue of public importance.
The Ministry of Justice has issued a consultation paper Transforming tribunals: implementing part 1 of the Tribunals, Courts and Enforcement Act 2007.
This consultation sets out the government's plans for implementing part 1 of the Act. It brings the tribunal reform story up to date, explains how the tribunals system will be organised and supported and asks for your views on the way ahead.
The closing date for responses was 22 February 2008. You can download Disability Alliance's response to transforming tribunals: Implementing part 1 of the tribunals, courts and enforcement act 2007 from the link below.
Note: for pdf files you will need to download adobe acrobat reader. To convert the pdf to alternative formats or for more information on accessibility go to access adobe.
