Administrative Justice & Tribunals Council Welsh Committee ANNUAL REPORT 2008/2009 Published by TSO (The Stationery Office) and available from: Online www.tsoshop.co.uk Mail, Telephone Fax & E-Mail TSO PO Box 29,Norwich,NR3 1GN Telephone orders/General enquiries 0870 600 5522 Order through the Parliamentary Hotline Lo-Call 0845 7 023474 Fax orders:0870 600 5533 E-mail:[email protected] Textphone:0870 240 3701 The Parliamentary Bookshop 12 Bridge Street,Parliament Square, London SW1A 2JX Telephone orders/ General enquiries:020 7219 3890 Fax orders:020 7219 3866 ISBN 978-0-10-850832-5 Email:[email protected] Internet:http://www.bookshop.parliament.uk TSO@Blackwell and other Accredited Agents Customers can also order publications from TSO Ireland 16 Arthur Street,Belfast BT1 4GD 9 780108 508325 028 9023 8451 Fax 028 9023 5401 Administrative Justice & Tribunals Council Welsh Committee ANNUAL REPORT 2008/2009 This Report is made to the Welsh Ministers It is laid before the National Assembly forWales by Welsh Ministers pursuant to paragraph 21 ofSchedule 7 to the Tribunals, Courts and Enforcement Act 2007 The AJTCand its Scottish Committee publish theirown separate annual reports 16 June 2009 LONDON: The Stationery Office £19.15 © Crown Copyright 2009 The text in this document (excluding the Royal Arms and otherdepartmental oragency logos) may be reproduced free ofcharge in any format ormedium providing it is reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown copyright and the title ofthe document specified. Forany otheruse ofthis material please write to Office ofPublicSectorInformation, Information Policy Team, Kew, Richmond, Surrey TW9 4DU ore-mail: [email protected] ISBN: 978 0 10 850832 5 Chair’s Preface What is Administrative Justice? And does it matter; is it ofgreat moment to the people ofWales? The Welsh Committee ofthe Administrative Justice & Tribunals Council could, perhaps, have been forgiven forputting such large questions to one side. We only came into being in June 2008 and in ourfirst yearwe have had to work hard simply to understand the administrative justice landscape in Wales: a landscape made complex by the intertwining ofdevolved and non-devolved systems. This, our first, annual report reflects many ofthe discussions and meetings we have had with the judiciary, government Ministers, officials and advice providers in ourattempt at understanding. Beginning with the world oftribunals, we have identified a need fora separation ofpowers – a transparent guarantorofindependence – relating to the policy, funding and administration oftribunals. To address this issue, we have initiated a review oftribunals operating in Wales. We will present ourinitial thoughts to ourWales conference in June and intend to present ourreport to Ministers in autumn 2009. Important as they are, however, tribunals are but one part ofthe wide briefnow assigned to the AJTC. The boundaries and character- istics ofadministrative justice are issues with which the Council as a whole is having to grapple. But one thing that is clearfrom the outset is that administrative justice is not merely about citizen redress (“putting it right”), but also about learning lessons from what goes wrong and incorporating them into a vision ofgood public administration (“getting it right”). Focusing on improving initial decision-making in government is an essential aspect ofimproving the experience ofusers ofthe system. It should lead to a betterresult for citizens, less work forappeal systems and lowercosts forgovernment. It is at this point that the large questions facing us chime precisely with the majortheme ofWelsh publicservice: the citizen focused approach. The issues raised in the Making the Connections/Beecham agenda adopted by the Welsh Assembly Government go to the heart ofthe AJTC's primary objective - focusing first and foremost on the needs ofusers. Ourvision ofa coherent, accessible and fair administrative justice system in Wales is one – indispensable – part of the WAG agenda. Inevitably, therefore, we see a need fora single focal point for administrative justice in the Welsh Assembly Government. A focal point capable offostering understanding and expertise and of delivering coherent policies across all aspects ofadministrative justice. Without this we see little prospect ofthe strong and informed leadership needed to make the pursuit ofadministrative justice a key component in the drive to citizen centred publicservice. It is a development forwhich we will continue to press. Professor Sir Adrian Webb Overview PURPOSE The AJTC's purpose is to help make administrative justice and tribunals increasingly accessible, fairand effective by: ● playing a pivotal role in the development ofcoherent principles and good practice; ● promoting understanding, learning and continuous improvement; ● ensuring that the needs ofusers are central. VISION The AJTC's vision foradministrative justice and tribunals is a system where: ● those taking administrative decisions do so on soundly-based evidence and with regard to the needs ofthose affected; ● people are helped to understand how they can best challenge decisions orseek redress at least cost and inconvenience to themselves; ● grievances are resolved in a way which is fair, timely, open and proportionate; ● there is a continuous search forimprovement at every stage in the process. VALUES The values the AJTCseeks to promote in administrative justice and tribunals are: ● openness and transparency ● fairness and proportionality ● impartiality and independence ● equality ofaccess to justice. STRATEGIC OBJECTIVES The AJTCwill focus, first and foremost, on the needs ofusers. The AJTCwill: ● Keep underreview and influence the development of administrative justice and tribunals; ● Keep underreview the work ofthe Tribunals Service, the tribunals within it and othertribunals; and ● Respond authoritatively to emerging issues and proposals that affect orinvolve administrative justice, tribunals orinquiries. KEY ISSUES FOR THE WELSH COMMITTEE ● The need fora coherent policy foradministrative justice in Wales ● The need fora separation ofpowers relating to policy, funding and administration oftribunals in Wales ● The need to focus on improving original decision-making by government Contents Introduction and Summary ● Relationship with the AJTC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 ● Summary ofOurWork . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 ● Summary ofKey Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Objective 1: Keeping under review and influencing the development of administrative justice ● OurRole and Priorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 ● OurActivities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 - Developing OurUnderstanding ofAdministrative Justice . . . . .5 - Raising Awareness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 - Relationship Building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 - Citizen-Centred Focus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 Objective 2: Keeping under review the work of the tribunals and inquiries operating in Wales ● OurRole and Priorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 ● OurActivities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 - Review ofTribunals in Wales . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 - The First-tierTribunal and UpperTribunal in Wales . . . . . . . . .14 - Observations ofTribunal Hearings . . . . . . . . . . . . . . . . . . . . . . . .15 - Relationship Building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 - Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 - Tribunal UserGroups . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 Objective 3: Responding authoritatively to emerging issues and proposals ● OurRole and Priorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 ● OurActivities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 - Consultation Responses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 - Government Reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 Appendices A: Membership ofthe Welsh Committee ofthe AJTC . . . . . . . . . .25 B. Membership ofthe AJTCand its Scottish Committee . . . . . . . .27 C. Work Programme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 D. Cost ofthe Welsh Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 E. Meetings and Tribunal Visits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 Introduction and Summary The...remit of the AJTC across the whole landscape of administrative justice is an important one. In the end, it is about helping promote good quality decision-making by government, local councils and agencies – and ensuring that there are accessible, fair and effective means of securing correction or redress when grievances arise. These are things that matter to every citizen. AJTCChair, Lord Newton ofBraintree, AJTC Annual Report 2007/08 1. This is the first Annual Report ofthe Welsh Committee ofthe Administrative Justice and Tribunals Council (AJTC), which was established underthe Tribunals, Courts and Enforcement Act 2007 [the Act]. The Committee came into existence on 1 June 2008 and this report formally covers the period from then until 31 March 2009. However, some ofthe matters included reflect developments up until the end ofApril 2009. 2. The key functions ofthe AJTCand its Committees are set out in the Act and include: ● keeping the overall administrative justice system underreview ● considering ways to make the system accessible, fairand efficient ● advising on the development ofthe system ● making proposals forchanges in the system ● making proposals forresearch into the system ● keeping underreview the constitution and working ofthe tribunals designated as being underthe AJTC's oversight ● keeping underreview the constitution and working of statutory inquiries 3. The 'administrative justice system' is defined underthe Act as: the overall system by which decisions of an administrative or executive nature are made in relation to particular persons, including the procedures for making such decisions, the law under which they are made, and the systems for resolving disputes and airing grievances in relation to them.1 1 Tribunals, Courts and Enforcement Act 2007, Schedule 7, para 13(4). 1 4. As a new Committee, we have been concentrating on establishing an understanding ofthe administrative justice landscape in Wales and identifying and prioritising key issues forWales. We developed our first programme ofwork [Appendix C] as part ofthe broaderAJTC Work Programme, which was submitted to the Lord Chancellorand the Welsh and Scottish Ministers. 5. The matters contained in ourwork programme stem from our primary objective offocusing first and foremost on the needs of users, and the AJTC's three strategicobjectives of: ● Keeping underreview and influencing the development of administrative justice and tribunals ● Keeping underreview the work ofthe Tribunals Service, the tribunals within it and othertribunals ● Responding to emerging issues and proposals in the administrative justice field. We have adopted these strategicobjectives as the framework for reporting on ouractivity. Relationship with the AJTC 6. While we have ourown separate identity and take the lead in overseeing administrative justice in Wales in both devolved and non- devolved areas, we also play an important part in the AJTC's work as a whole. OurChairsits as a memberofboth the Welsh Committee and the AJTC. 7. In conjunction with the AJTCand its Scottish Committee, we have drawn up a protocol describing arrangements forgiving affect to the statutory provisions governing relations between the AJTCand its Committees outlined in Schedule 7 to the Act. This protocol reflects ourdesire to maintain open and collaborative working relationships, and to take a 'no surprises' approach to the conduct ofbusiness. Summary ofOur Work 8. Since ourfirst meeting in June 2008, we have: ● Engaged with stakeholders to understand theirviews and concerns on key administrative justice issues, including hosting a launch event in December2008, planning forourfirst conference in June 2009 and holding individual meetings with the judiciary, government ministers, officials and agencies, ombudsmen and advice providers. ● Initiated a review oftribunals operating in Wales, in orderto provide advice to Welsh Ministers on options forreform. We have observed a numberoftribunal hearings and attended tribunal training events and conferences. ● Provided advice to Ministers on a numberofadministrative justice and tribunal issues in response to government consultations. 2