Presentation by the SCAJTC

1. Presentation by the SCAJTC Administrative Justice and Tribunals Council History and Constitution How We Are Organised What we do How we do it

2. History and Constitution • The Council on Tribunals and its Scottish Committee were established in 1958 following the Franks Report. • The Administrative Justice and Tribunals Council and its statutory Scottish Committee were commenced on 1 November 2007 under the provisions of the Tribunals, Courts and Enforcement Act 2007. The AJTC is the successor body to the Council on Tribunals.

3. The Council’s Statutory Constitution • Consists of 16 members, including the Chairman and the Parliamentary Commissioner for Administration. • There is a separate Scottish Committee of up to 7 members, whose Chair and 2 of its members are also Council members. The Parliamentary Commissioner for Administration and the Scottish Public Services Ombudsman are also members. • There is soon to a Welsh committee of up to 5 with representation on the Council.

4. What We Do – Administrative Justice. • keep administrative justice under review, • consider ways to make the system accessible, fair and efficient, • advise Scottish Ministers, the Lord Chancellor, Welsh Ministers, and the Senior President of Tribunals, on the development of the system, • Refer proposals for change to the above persons, • Make proposals for research into the system.

5. What We Do – Tribunals,General Functions. • keep under review, and report on, the constitution and working of tribunals listed in the Act, • consider and report on matters referred to the Council under the Act, or that the Council determines to be special importance in respect of tribunals, • scrutinise and comment on legislation, existing or proposed, relating to tribunals or any particular tribunal. • be consulted on procedural rules for specified tribunals.

6. What We Do – Statutory Inquiries • Keep under review and report on, the constitution and working of statutory inquiries, both in general and by reference to statutory provisions, • Consider and report on any other matter relating to statutory inquiries, in general or particular, or the Council determines to be of special importance, and • any particular matter referred to the Council relating to a statutory inquiries or an inquiry in particular.

7. Some Tribunals / Inquiries Overseen by the Scottish Committee • Additional Support Needs Tribunal Scotland • Asylum & Immigration Appeal • Children’s Hearings • Employment Tribunals • Mental Health Tribunal for Scotland • NHS Discipline Committees • NHS National Appeal Panel for entry to pharmaceutical lists (Scotland)

8. Tribunals Overseen by the Scottish Committee (cont’d) • Criminal Injuries Compensation Appeals Panels • Crofters Commission • General Commissioners of Income Tax • Education Appeal Committees • Lands Tribunal • Pensions Appeal Tribunal • Transport Tribunal

9. Tribunals Overseen by the Scottish Committee (cont’d) • Planning Inquiries • Parking Adjudicators • Social Security and Child Support Tribunals • Valuation Appeal Committees • VAT and Duties Tribunal

10. How does the Council fulfil its statutory role? • Visits to tribunal hearings • Regular contact with Presidents & Heads of Tribunals • Feedback to tribunals following visits • Annual Report to Parliament • Special Reports on matters of importance (e.g. Scottish Education Appeals Committees, Children's Hearings and NHS Discipline Hearings) • Reponses to statutory consultation on tribunal rules of procedure

11. What else we do? • Organise and attend Users Forums • Attend and report on training events for tribunal judiciary and members • Acting as the ‘Hub of the Wheel’ organise conferences to bring together tribunal presidents, judiciary, civil servants and ministers • Maintain close links with the Tribunal Service • Publish the e-magazine Adjust • Developing and improving guidance on best practice

12. The Council’s Framework of Standards • Published in 2002 • Sets out the issues the Council is concerned with in fulfilling its statutory role • Provides a template for the Council when giving feedback to tribunals • Provides guidance for new tribunals • Promotes best practice

13. Framework of Standards - Part 1 Tribunals should be independent and provide open, fair and impartial hearings a) Tribunals should be free to reach decisions according to law without influence from the body or person whose decision is being challenged or appealed, or from anyone else b) Judicial officers should be independent c) Appointments to judicial office should take account of the diversity of our society d) Tribunal hearings should be open and fair

14. Framework of Standards - Part 2 Tribunals should be accessible to users and focus on the needs of users a) Potential users of the tribunal should be given access to information about its services b) Procedural Rules should be short, clear, simple, and up to date c) Forms should be short and simple d) The papers required by the tribunal should be proportionate and appropriate to the issues at stake

15. Framework of Standards - Part 3 Tribunals should offer cost effective procedures and be properly resourced and organised a) Judicial resources should be managed to provide a good service, and to ensure that individuals sit often enough to maintain knowledge and skills b) Standards for judicial behaviour and performance should be set and monitored c) Cases should be heard, and a final decision given, within a reasonable period d) Programmes of induction and refresher training should be provided for tribunal chairs, members and administrative staff