Tribunals

What are tribunals?

Tribunals are specialist courts who tend deal with disputes between an individual and the state or employment disputes.

What are the two types of tribunals?

There are two types of tribunal categories – administrative and domestic.

Administrative tribunals are usually disputes between the state and an individual regarding rights concerning social welfare. Employment disputes also fall into the administrative tribunal’s category.

Domestic tribunals are internal tribunals held for disputes within private bodies – Solicitors Disciplinary Tribunal is an example.

History of tribunals

They date back to the birth of the welfare state (early 1900’s)

1957 – Franks Committee Report recommended procedures should be an example of ‘Openness, fairness and impartiality’, implemented in Tribunals and Inquiries Act 1958.

Openness- Hearings in public

Fairness- Clear procedures

Impartiality- Free from govt. bodies so no chance of influence

2000 – Sir Andrew Leggatt: “Tribunals for Users – One System which implemented:

1.    Tribunals are more user friendly

2.    Tribunals are more organised (used to be 70 different tribunals)

3.    Tribunal service should be set up to oversee tribunals, so they are separate from govt. influence

4.    Single route of appeal

Tribunals, Courts and Enforcement Act 2007

This Act implemented many of Leggatt’s Reforms, and of particular note is Part 1 which established a Tribunal Service that unified all the procedures and created a new structure that addressed many of Leggatt’s…