Going Forward
with
Administrative Justice
Richard Thomas CBE
AJTC Chairman
BIOA Conference
13 May 2011
Going forwards?
Going backwards?
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AJTC, Ombudsmen and
Administrative Justice
• Administrative Justice system – family members
• Close working relationships
– PHSO: ex officio member of the AJTC and its Scottish
and Welsh Committees
– PSOW: ex officio member of Welsh Committee
– SPSO: ex officio member of Scottish Committee
• Ombudsman expertise among AJTC members
• We share many values and principles
• We share hopes and concerns for the future
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Administrative Justice System
• Leggatt Review 2001 - Tribunals for Users - One
System, One Service
• White Paper 2004 - Transforming Public Service:
Complaints, Redress and Tribunals
• Tribunals, Courts and Enforcement Act 2007:
“…the overall system by which decisions of an administrative
or executive nature are made in relation to particular
persons, including (a) the procedures for making such decisions,
(b) the law under which such decisions are made, and
(c) the systems for resolving disputes and airing
grievances in relation to such decisions”.
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Appealed
(1 million+)
Grievance voiced,
but not pursued
Decisions which are incorrect
or cause grievance, but accepted
Decisions which are correct or not questioned
Individual Decisions taken by public bodies
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Within the system: volumes
• 800,000 appeals to TS (increase of 50% since
2006-07); delays worsening.
• 2.5 million applications for visas
• 24,485 applications for asylum
• 1.69 million pupils with Special Educational
Needs
• 70,000 cases decided by Criminal Injuries
Compensation Authority
• 24,240 complaints resolved by the Parliamentary
and Health Services Ombudsman
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Within the system: realities
Individual
v s
Public body
“One-shotter”
“Repeat-player”
Lone individual, often
unrepresented
Strong organisation, wellresourced
Issues affecting livelihood,
income, education, liberty
Unfamiliar, complex territory
One more case
Timeliness matters
One more case
One more case
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Within the system: people
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Somali asylum seeker
Incapacity benefit claimant – benefit withdrawn
Mental heath patient seeking discharge
Widowed spouse of soldier denied war pension
Conference manager unfairly dismissed
12 year old permanently excluded from school
Police officer dismissed for alleged misconduct
Doctor refused registration as NHS GP
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Administrative Justice
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AJTC – recent and current work
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The Administrative Justice Landscape
Principles for Administrative Justice
Patients’ Experiences of Mental Health Tribunals
Time for Action – DWP time limits
Right First Time – Priority for decision-making by
public bodies
• Proportionate Dispute Resolution
• Major consultation responses on benefits, legal
aid, tribunal fees, education and employment
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Current pressures: Reacting badly
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Forget or dilute Fairness
Reduce rights to appeal or complain
Deny or weaken access to justice
Charge up-front fees to choke demand……
……even to successful appellants
Assume ‘One Size Fits All’
Jeopardise the user-friendliness of tribunals
Judicialise tribunals
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Current pressures: Reacting well
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Recognise and treat Administrative Justice as a system
Take AJTC and PHSO Principles seriously
Reduce case volumes through Right First Time
Learn from mistakes and appeal outcomes
Consider a ‘polluter pays’ approach for appeals lost by
government departments
Safeguard distinctive features of Tribunals
Embrace Proportionate Dispute Resolution seriously
Adopt innovatory approaches
Adopt a self-representation strategy
Focus on users’ actual needs
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Current issues
• Pressures on front-line public services
• Cuts to legal aid and advice services
• Integration of Tribunals Service with HM Court
Service
• Introduction of fees
• Low priority for Administrative Justice system
and issues?
• Low priority for User dimension?
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Abolition of the AJTC
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Arm’s Length Bodies review
Public Bodies Bill
House of Lords passage
Consultation on abolition in June 2011(?)
Royal Assent expected by January 2012
Secondary legislation needed after Royal Assent
Closure expected in 2012
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AJTC: unfinished business
• Unfinished Business - the AJTC’s assessment of
Administrative Justice and our hopes, fears and
advice for the future
• Who will take on AJTC roles?
– Systemic overview
– User voice
– UK-wide perspective
– Expert advice on administrative justice
– Strategic development of ideas
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An enhanced role for Ombudsmen
and BIOA?
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Advocate systemic approach to justice
Export ideas and approaches
Promote user-friendliness
Take the lead on PDR
Champion feedback from decisions
Develop better liaison with tribunals
Support Tribunalisation of courts
Support Ombudsmanisation of courts and
tribunals
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Website
http://www.justice.gov.uk/ajtc
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