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Accessible, fair and efficient justice for citizens

Accessible, fair and efficient justice for citizens. Richard Thomas CBE AJTC Chairman Low Commission 28 th January 2013. John Milton, Aeropagitica. “For this is not the Liberty which we can hope: that no grievance ever should arise in the Commonwealth. That let no man in this world expect.

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Accessible, fair and efficient justice for citizens

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  1. Accessible, fair and efficient justice for citizens Richard Thomas CBE AJTC Chairman Low Commission 28th January 2013

  2. John Milton, Aeropagitica “For this is not the Liberty which we can hope: that no grievance ever should arise in the Commonwealth. That let no man in this world expect. But when complaints are freely heard, deeply considered, and speedily reformed, then is the utmost bound of civil liberty attained that wise men look for.”

  3. Mistakes, Redress and Justice “Be not ashamed of mistakes and thus make them crimes….[but] a man who has committed a mistake and does not correct it, is making another mistake” Confucius “Mistakes are the portals of discovery” James Joyce

  4. Administrative Justice matters “Administrative justice matters as something fundamental to ordinary daily life with much wider implications for the ever-contested territory between state and society, the central and the local, the individual citizen and officialdom”. Ann Abraham, Ombudsman, Oct 2011

  5. AJ System Decisions which are correct or not questioned

  6. Benefits of a coherent system • Strategic, cross-cutting, end-to-end approach to decision-making and redress across central and local government • Addresses both supply and demand • Common Principles, Good Practice & Learning • Worthwhile comparisons & innovation • Challenge to silo approach • Scope for Better Justice at Lower Cost

  7. Administrative Justice at Risk • Complexity of rules and regulations • Impact of delays • Cuts in legal aid and advice services • Reduced Access to Justice • Unrepresented and unadvised appellants • More unmeritorious cases; longer hearings • Impact of Fees • Barriers of costs, stress and bureaucracy • Threats to coherent UK-wide approach

  8. AJTC: Independent Scrutiny • The AJ Landscape – Sept 2009 • Principles for Administrative Justice – Nov 2010 • LASPO Response – February 2011 • Time for Action – Feb 2011 • Patients’ Experiences of 1st Tier Mental Health Tribunals – May 2011 • Right First Time – June 2011 • Administrative Justice at Risk? - Oct 2011 • Putting it Right - June 2012

  9. AJTC Abolition • MoJ does not have independence or capacity for AJTC functions and government is a party to most disputes • AJTC has overview of AJ system as a whole, including OGDs, local government, Scotland & Wales • AJTC has expertise, history, standing and networks • AJTC well-placed to identify improvements on access, fairness and efficiency from users’ perspective • Cost savings have been over-stated • Role of AJTC is “one of vital national importance” (PASC) • Abolished by 31 March?

  10. A 4-stage cycle for Administrative Justice • Preventing disputes • Embedding a Right First Time culture • Reducing the escalation of disputes • e.g. use of triage and telephone • Resolving disputes • Proportionate forms of Dispute Resolution (via Mapping Factors) • Scope for Ombudsman / IRS approach • Learning from disputes

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