- indépendant governed body of tribunals

Other means of adjudication Flashcards by c f

Are more challenges raised in courts or tribunals?

Tribunals

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Options for challenging Gov

1) JR
2) Statutory appeals(where right in statute)
3) tribunals
4) external review
5) ombudsmen
6) internal complaints/ review

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Decision criteria of internal complaints review?

Leglaity
Merits
Maladministration

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Decision criteria for ombusmen?

Maladministration

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Decision criteria for tribunal?

Legality and merits

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Decision criteria for courts?

Legality

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Method of internal complaints review?

Inquisitorial
Written
Informal

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Method of ombudsmen?

Inquisitorial
Written
Informal

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Method of tribunals?

usually oral and informal

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Method of courts?

Adversarial
written and oral
formal

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Do you need illegality in tribunals?

No, as look at merits can be other unfairness

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With ombudsmen does your problem need to be with the decision?

No, can be with your treatment at any point.

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What act kick started tribunals?

National Insurances Act 1911

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Need for tribunals?

To act as expert referees in disputes arising over these new benefits

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Franks Report 1957 reasons for tribunals?

cheaper
faster
more accessible
more informal
experts on subjects

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Did Franks Report push tribunals towards courts or administration?

Courts

desired them to be fair, open and impartial

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Leggat Review

indépendant governed body of tribunals

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What act reformed the tribunal system?

Tribunals, Courts and Enforcement Act (TCEA)

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aRT 6 EFFECT?

All tribunals must be independent

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What act del with devolved tribunals?

Tribunals (Scotland) Act 2014

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Leggats structure

2 tiered
Senior President
Uniform appeal structure
Twin themses: rationalisation and hamronisation

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Characteristic weaknesses of courts?

slow
expensive
in accesable

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Characteristic weaknesses of tribunals?

in accessablie?
Not as fair as portrayed
Experts sway panel
no right to representation

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Characteristic weaknesses of Ombusmen?

slow
cost to gov
low visibiliyu

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Characteristic weaknesses of Internal Review?

- low visibility | - openess?

7 Steps to evaluate grievance mechanisms?

1) appropriate outcomes 2) impartiality and indépendance 3) fairness of procedures 4) speed 5) Cost 6) Accessibility

Positive features of courts?

- appropriate outcomes - independence - fair procedure

Positive features of tribunals?

- outcomes - independence - fair procedure - low cost to gov and person - accessible - speedy

Positive features of ombudsmen?

- not sure outcomes are appropriate - independant? - fair process? - expensive to gov? - accessible?

Wouldn't it be better if ad decisions weren't made?

- Courts and tribunals do little for this | - Ombuds claim to help

Where do the principle of Good Administration come from?

Principles of good administration Parliamentary and Health Services Ombudsmen 2009

What are the 6 principles of good administration?

1) Getting it right 2) Customer focus 3) Being open and accountable] 4) Acting fairly and proportionately 5) Putting things right 6) Seeking continuous improvement

Ombudsmen are hybrids of what two forms of accountability?

- political and legal

Role?

- Non curial means of administrative justice

Function

Improve decisions making Adress systematic problems Resolve problems and seek solutions

Differences in Scotland and England

- Scotland one Public Services Ombudsmen does everything | - England more spread out

Parliamentary Ombusdmen Legislative authority?

Parliamentary Commission Act 1967

Scottish Public Services Ombudsmen(SPSO) authority?

Scottish Public Services Ombusdmen Act 2002

Main difference between Parliamentary Ombudsmen and Scottish Public Services Ombudsmen?

Parliamentary- MP filter, all cases must come via MP (s6(3)) SPSA s9 gives direct access

What part of act gives direct access to Scottish Public Services Ombudsman?

What part of Parliamentary Commissioner Act 1967 creates the MP filter?

s 6(3)

What matters can the Parliamentary Ombudsman investigate? | s5

Injustice as consequence of maladministration s5

What matters can Scottish Public Services Ombudsmen 2002 investigate? s 5

injustice or hardship of maladministration or service failure (so can be service failure too, not just maladmin)

Key operational features of Ombudsmen?

- Independence - Investigative process - Injustice caused by maladministration - Reporting

Qu to considering when wondering if Ombudsman can investigae the matter?

- was complaint made by appropriate person - was it duly made - is the body in the jurisdiction of the Ombud. - is it an excluded matter?

Some qu to consider when thinking will the ombud investigating?

- other remedies available? Is it reasonable to expect them to resort to these remedies ?

AUTHORITY TO LOOK AT OTHER REMEDIES FIRST FOR PARLIAMENTARY OMBUDSMEN?

``` Parliamentary Commissioner Act 1967 s 5(2) ```

AUTHORITY TO LOOK AT OTHER REMEDIES FIRST FOR SCOTTISH PUBLIC SERVICES OMBUDSMEN?

Scottish Public Authority Ombudsmen Act 2002 s 710

Other relevant qu?

Did maladministration occur? | Did it cause injustice?

What if public body doesn't accept finding?

- can issue special report - can refer to select committee who can investigate further - also may seek JR of gov decision not to accept findings

Cannot qu the merits of the decision without being maladministration

PCS 1967 s 12(3) SPSOA 2002 s7(1)

Crossman Catalogue of maladministration | Richard Crossman, 1996, Hansard

- bias - neglect - inattention - delay - incompetence - inaptitude - perversity - turpitude - arbitrariness - so on

Injustice not just illegality but sense of outrage at treatment

Sedly J. R v Parliamentary Commissrion for Administration ex p Balchin 1997

So the argument that at the end of the day regardless result would have been the same has no effect here

Sedley J. | R v Parliamentary Commissioner for Administration ex p Balchin 1997

Authority for investigation in PCA 1967?

S 7

Authority for investigation in SPSOA 2002?

s 12

What are the rules of investigation outlined in these two sections?

- private - PB has opportunity to comment - Ombudsmen determines all other bits of procedure

Not lawful for public body to block access

Court can interfere and force coooperation s9/s14

Means of redress?

Individual reports or annual reportts before Parliament

Equitable Life (2007-2008)

Failure. Refused compensation scheme. Gov refused. Laid report before Parl. Still refused. Shows system doesn't always work

Reports have no legally binding effects

R (Bradley) v SoS for Work and Pensions 2007 - can refuse so long as not irrational in JR case (just need cogent reasons for decision)

Ombudsmen and JR?

- Oms should always refuse if other means of resolution | - but reports of Oms and goes reactions can always be subject to JR

Other means of adjudication Flashcards

(62 cards)