Tribunals in the United Kingdom
Encyclopedia
The tribunal
system of the United Kingdom
is part of the national system of administrative justice with tribunals classed as non-departmental public bodies (NDPBs). Though it has grown up on an ad hoc basis since the beginning of the twentieth century, from 2007 reforms were put in place to build a unified system with recognised judicial authority, routes of appeal
and regulatory supervision.
which provided for adjudication of disputes by administrative agencies. During the twentieth century, UK government ministers acquired more and more power and were vested with decisions that affected the day to day life of citizens.
which focused public fears about maladministration
and the abuse of executive authority. The magnitude and complexity of ministerial decisions had caused many such decisions gradually to be delegated to a growing number of tribunals and in 1955, the government used the debate created by Crichel Down to order a committee under Sir Oliver Franks to report on administrative tribunals and inquiries, though not ministerial decisions of the kind that Crichel Down had exposed.
The Franks Report
was published in July 1957 and its principle effect was to move tribunals from an executive and administrative model towards a judicial footing. Franks idenitified three principles for the operation of tribunals:
The Council's principal responsibilities were to:
and the Scottish Public Services Ombudsman
were ex officio members.
The Scottish Council supervised certain tribunals operating in Scotland and had the right to be consulted by the Council before any report about a Scottish tribunal or, in some cases, the right to report themselves to the Scottish ministers.
had power to make laws.
and the authority of the ordinary law. In 1988 there were calls for an Administrative Review Council to provide independent scrutiny on the Australia
n model but such ideas were rejected.
Though the system was little altered by the Tribunals and Inquiries Act 1992
, at the start of the twenty first century there were further calls for reform that led to the creation of the Tribunals Service
in 2006, as an executive agency
to manage and administer tribunals, and to the Tribunals, Courts and Enforcement Act 2007
.
created a new unified structure for tribunals and recognises legally qualified members of tribunals as members of the judiciary of the United Kingdom
who are guaranteed continued judicial independence
.
The Act created two new tribunals to which pre-existing jurisdiction
s were transferred: namely a First-tier Tribunal
and an Upper Tribunal
. The tribunals are divided into several "chambers", grouped around broad subject headings. All legally-qualified members take the title of judge. There is a right of appeal on a question of law
from the First-tier to the Upper Tribunal and some limited jurisdiction for judicial review
. The Upper Tribunal is a senior court of record
. There is a right of appeal to the Court of Appeal of England and Wales
, Court of Appeal in Northern Ireland or Court of Session
(Scotland).
The Act created the office of Senior President of Tribunals
, appointed by the Queen on the recommendation of the Lord Chancellor
. Lord Justice
Carnwath was appointed as the first holder of the post on 12 November 2007.
Chambers are created flexibly by the Lord Chancellor in consultation with the Senior President of Tribunals and each has its own Chamber President. There is a Tribunals Procedure Committee to which the first transitional appointments were made on 19 May 2008.
Tribunal judgments carry a right to a warrant of execution
or entry on the Register of Judgments, Orders and Fines
and no longer require to be registered in the County Court
or High Court.
However, many tribunals still lie outside the new system.
. At the same time, 107 existing tribunals were transferred to the supervision of the Council.
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
system of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
is part of the national system of administrative justice with tribunals classed as non-departmental public bodies (NDPBs). Though it has grown up on an ad hoc basis since the beginning of the twentieth century, from 2007 reforms were put in place to build a unified system with recognised judicial authority, routes of appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
and regulatory supervision.
Early twentieth century (1911–1945)
The UK tribunal system can be seen as beginning with the coming into force of the National Insurance Act 1911National Insurance Act 1911
The National Insurance Act 1911 is an Act of Parliament of the United Kingdom. The Act is often regarded as one of the foundations of modern social welfare in the United Kingdom and forms part of the wider social welfare reforms of the Liberal Government of 1906-1914...
which provided for adjudication of disputes by administrative agencies. During the twentieth century, UK government ministers acquired more and more power and were vested with decisions that affected the day to day life of citizens.
Post World War II (1945–1957)
In 1954, the government was embarrassed by the Crichel Down affairCrichel Down affair
The Crichel Down affair was a British political scandal of 1954, with a subsequent effect and notoriety. The Crichel Down Rules are guidelines applying to compulsory purchase drawn up in the light of the affair.-The Crichel Down land:...
which focused public fears about maladministration
Maladministration
Maladministration is a political term which describes the actions of a government body which can be seen as causing an injustice.The law in the United Kingdom says Ombudsman must investigate ‘maladministration’...
and the abuse of executive authority. The magnitude and complexity of ministerial decisions had caused many such decisions gradually to be delegated to a growing number of tribunals and in 1955, the government used the debate created by Crichel Down to order a committee under Sir Oliver Franks to report on administrative tribunals and inquiries, though not ministerial decisions of the kind that Crichel Down had exposed.
The Franks Report
Franks Report (1957)
The Franks Report of 1957 was issued by a British committee of inquiry chaired by Sir Oliver Franks in respect of growing concerns as to the range and diversity of tribunals, uncertainty about the procedures they followed and worry over lack of cohesion and supervision. The catalyst for this was...
was published in July 1957 and its principle effect was to move tribunals from an executive and administrative model towards a judicial footing. Franks idenitified three principles for the operation of tribunals:
- Openness;
- Fairness; and
- Impartiality.
Council on Tribunals (1958–2007)
The report resulted in the Tribunals and Inquiries Act 1958 which established the Council on Tribunals, which started work in 1959.The Council's principal responsibilities were to:
- Keep under review the constitutionConstitutionA constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
and working of the [stipulated] tribunals ... and, from time to time, to report on their constitution and working; - Consider and report on matters referred to the Council under the Act with respect to tribunals other than the ordinary courts of law, whether or not [stipulated]; and
- Consider and report on matters referred to the Council, or matters the Council may consider to be of special importance, with respect to administrative procedures which involve or may involve the holding of a statutory inquiry by or on behalf of a Minister.
Scotland
The Scottish ministers appointed two or three Council members and three or four non-members to a Scottish Committee of which the Parliamentary OmbudsmanParliamentary and Health Service Ombudsman
The Parliamentary and Health Service Ombudsman comprises the offices of the Parliamentary Commissioner for Administration and the Health Service Commissioner for England...
and the Scottish Public Services Ombudsman
Scottish Public Services Ombudsman
The Scottish Public Services Ombudsman was set up in 2002 as a 'one-stop-shop'. It replaced three previous offices - the Scottish Parliamentary and Health Service Ombudsman, the Local Government Ombudsman for Scotland and the Housing Association Ombudsman for Scotland...
were ex officio members.
The Scottish Council supervised certain tribunals operating in Scotland and had the right to be consulted by the Council before any report about a Scottish tribunal or, in some cases, the right to report themselves to the Scottish ministers.
Northern Ireland
The Council had no authority to deal with any matter over which the Parliament of Northern IrelandParliament of Northern Ireland
The Parliament of Northern Ireland was the home rule legislature of Northern Ireland, created under the Government of Ireland Act 1920, which sat from 7 June 1921 to 30 March 1972, when it was suspended...
had power to make laws.
Reform (1988–2007)
Tribunals had long been criticised. Lord Scarman had seen them as a danger to the prestige of the judiciaryJudiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
and the authority of the ordinary law. In 1988 there were calls for an Administrative Review Council to provide independent scrutiny on the Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n model but such ideas were rejected.
Though the system was little altered by the Tribunals and Inquiries Act 1992
Tribunals and Inquiries Act 1992
The Tribunals and Inquiries Act 1992 is an Act of Parliament in the United Kingdom which sets out the powers and functions of the Council on Tribunals.-External links:*...
, at the start of the twenty first century there were further calls for reform that led to the creation of the Tribunals Service
Tribunals Service
The Tribunals Service was an executive agency of the Ministry of Justice in the United Kingdom between April 2006 and March 2011.The Tribunals Service was responsible for:*Adjudicator for HM Land Registry*Asylum and Immigration Tribunal...
in 2006, as an executive agency
Executive agency
An executive agency, also known as a next-step agency, is a part of a government department that is treated as managerially and budgetarily separate in order to carry out some part of the executive functions of the United Kingdom government, Scottish Government, Welsh Assembly or Northern Ireland...
to manage and administer tribunals, and to the Tribunals, Courts and Enforcement Act 2007
Tribunals, Courts and Enforcement Act 2007
The Tribunals, Courts and Enforcement Act 2007 is an Act of the Parliament of the United Kingdom. It provides for several diverse matters relating to the law, some of them being significant changes to the structure of the courts and fundamental legal procedures...
.
Reformed tribunal structure
The Tribunals, Courts and Enforcement Act 2007Tribunals, Courts and Enforcement Act 2007
The Tribunals, Courts and Enforcement Act 2007 is an Act of the Parliament of the United Kingdom. It provides for several diverse matters relating to the law, some of them being significant changes to the structure of the courts and fundamental legal procedures...
created a new unified structure for tribunals and recognises legally qualified members of tribunals as members of the judiciary of the United Kingdom
Judiciary of the United Kingdom
The Judiciary of the United Kingdom is not a single body. Each of the separate legal systems in England and Wales, Northern Ireland and Scotland have their own judiciary....
who are guaranteed continued judicial independence
Judicial independence
Judicial Independence is the idea that the judiciary needs to be kept away from the other branches of government...
.
The Act created two new tribunals to which pre-existing jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
s were transferred: namely a First-tier Tribunal
First-tier Tribunal
The First-tier Tribunal is part of the administrative justice system of the United Kingdom. It was created in 2008 as part of a programme, set out in the Tribunals, Courts and Enforcement Act 2007, to rationalise the tribunal system, and has since taken on the functions of twenty previously...
and an Upper Tribunal
Upper Tribunal
The Upper Tribunal is part of the administrative justice system of the United Kingdom. It was created in 2008 as part of a programme, set out in the Tribunals, Courts and Enforcement Act 2007, to rationalise the tribunal system, and to provide a common means of handling appeals against the...
. The tribunals are divided into several "chambers", grouped around broad subject headings. All legally-qualified members take the title of judge. There is a right of appeal on a question of law
Question of law
In jurisprudence, a question of law is a question which must be answered by applying relevant legal principles, by an interpretation of the law. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence, and inferences arising from those facts...
from the First-tier to the Upper Tribunal and some limited jurisdiction for judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
. The Upper Tribunal is a senior court of record
Court of record
In common law jurisdictions, a court of record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a...
. There is a right of appeal to the Court of Appeal of England and Wales
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
, Court of Appeal in Northern Ireland or Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
(Scotland).
The Act created the office of Senior President of Tribunals
Senior President of Tribunals
The Senior President of Tribunals is a senior judge in the United Kingdom who presides over the UK tribunal system. The Senior President is appointed by the Queen on the recommendation of the Lord Chancellor. Lord Justice Carnwath was appointed as the first holder of the post on 12 November 2007...
, appointed by the Queen on the recommendation of the Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
. Lord Justice
Lord Justice of Appeal
A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:...
Carnwath was appointed as the first holder of the post on 12 November 2007.
Chambers are created flexibly by the Lord Chancellor in consultation with the Senior President of Tribunals and each has its own Chamber President. There is a Tribunals Procedure Committee to which the first transitional appointments were made on 19 May 2008.
Tribunal judgments carry a right to a warrant of execution
Warrant of execution
A Warrant of Execution is a form of writ of execution used in British courts. It is a method of enforcing judgments and empowers a County Court bailiff to attend a judgment debtor’s address to take goods for sale.-Procedure:...
or entry on the Register of Judgments, Orders and Fines
Register of Judgments, Orders and Fines
The Register of Judgment, Orders and Fines is a statutory register in England and Wales that maintains a record of:*Judgments entered in the High Court;*Judgments entered in county courts;...
and no longer require to be registered in the County Court
County Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions within a country, not to be confused with the medieval system of county courts held by the High Sheriff of each county.-England and Wales:County Court matters can be lodged...
or High Court.
However, many tribunals still lie outside the new system.
Administrative Justice and Tribunals Council
On 1 November 2007, the Council on Tribunals was abolished and replaced by the Administrative Justice and Tribunals CouncilAdministrative Justice and Tribunals Council
The Administrative Justice and Tribunals Council is a non-departmental public body in the United Kingdom, responsible for supervising and regulating administrative justice and tribunals...
. At the same time, 107 existing tribunals were transferred to the supervision of the Council.