Welcome to the second edition of the AJC Newsletter. As well as updating you on the work of the Administrative Justice Council and its members, we offer contributions from across the UK jurisdictions, from those representing the judiciary, the advice sector, ombudsman schemes and academics. We welcome your feedback; contact us at ajc@justice.org.uk
|
|
NEW MEMBERS
The Council is pleased to welcome a new member: Samantha Pullin (Director of Litigation, HMRC).
The Academic Panel welcomes Eloise Ellis (University of East Anglia) who will be representing the Society of Legal Scholars.
|
FAREWELL
Many thanks to Angela McDonald (HMRC) for her contributions as a Council member.
|
|
Upcoming Event
Welfare Benefits Advice Provision During the Pandemic: Conversations between academia and practice
Tuesday 23rd March, 11:00am-12:30pm
via Zoom
The Administrative Justice Council is delighted to invite you to the launch of two reports which focus on social welfare advice during the COVID-19 pandemic. The first report, prepared by Dr Naomi Creutzfeldt, Westminster University and Diane Sechi, Simmons & Simmons, on behalf of the AJC follows on from our ‘Digitisation and Accessing Justice in the Community Report’ published in April 2020, and looks at how frontline advice providers have adapted to the pandemic in delivering advice in social welfare law. It builds on the constructive advice from our first report to the Courts and Tribunals Reform Programme and highlights the impact of digitisation on frontline services and the people they serve.
The second report explores legal need and social welfare law advice in England and Wales during the COVID-19 pandemic. The research explores the idea of vulnerability and how it applies to both those experiencing social welfare-related issues, as well as the systems operating to give advice. Using this, the research considers the specific context of the COVID-19 pandemic and the impact that it has had on social welfare law needs, and the ability of the sector to meet these needs. Drawing on policy documents and three case studies accessed from law centres in England and Wales, it discusses the concept of legal need and the realities being experienced by the sector and the individuals who rely upon it. These case studies assist us in being able to critically consider the topics of vulnerability, changing needs and the role that technology is, and can play during the pandemic and beyond. Taken together, this research indicates that the COVID-19 crisis has in practice exposed several pre-existing fragilities between the state and its relationship with the advice sector, and the individuals who experience social welfare problems.
Panellists:
- Amanda Finlay CBE (Chair), Chair, Law for Life and JUSTICE Board member
- Dr Naomi Creutzfeldt, Reader in Socio-Legal Studies, Westminster University and Co-Chair of the AJC Academic Panel
- Diane Sechi, Solicitor, Simmons & Simmons and member of the AJC Pro Bono and Advice Sector Panel
- Dr Daniel Newman, Senior Lecturer in Law, Cardiff University
- Dr Jess Mant, Lecturer in Law, Cardiff University
- Dr Faith Gordon, Senior Lecturer in Criminology, Australian National University
To register for this event, please register on our website or email ajc@justice.org.uk. Zoom details will be sent nearer to the event. Please forward the invitation on to anyone else who may be interested.
|
|
|
The AJC held its first full Council meeting of the year on 5 February 2021. As well as being updated on current and upcoming projects, Lord Low of Dalston provided members with an update on the joint AJC/JUSTICE Welfare Benefits working party, and representatives from the Law Commission spoke of their live consultation on devolved Welsh tribunals. Academic Panel member, Richard Kirkham, gave feedback from January’s Ombudsman Reform webinar, and Katrin Shaw updated Council members on the Welsh Public Services Ombudsman’s own initiative investigation into homelessness. The Council discussed Lindsey Poole’s (Advice Sector Panel Chair) paper that outlined difficulties currently being experienced by users of remote hearings following their rapid expansion during the pandemic. Members of the various jurisdictions present discussed their experiences of the benefits and shortfallings of the current systems especially in relation to vulnerable users. More details on all the above discussion points can be found below.
The Minutes of the meeting can be found on the AJC website here. The Council next meets in July.
|
|
|
|
Law Commission Consultation
on Welsh Tribunals
The Law Commission of England and Wales is currently consulting on changes to the structure of devolved tribunals in Wales. Copies of the paper, in both English and Welsh, may be found here.
Following the Leggatt review, the ensuing Tribunals, Courts and Enforcement Act 2007 reformed the many disparate reserved tribunals into an accessible and coherent unified system. Although devolved tribunals in Scotland and Wales were not included within that review, the system of Scottish tribunals has since been reformed by the Tribunals (Scotland) Act 2014.
The Law Commission’s Devolved Tribunals in Wales project aims to solve similar issues in Wales, by recommending a Tribunals (Wales) Bill.
The Law Commission’s provisional proposals to reform the system include the following.
- Replacing the various existing tribunals with a unified first-tier tribunal, subdivided into chambers covering broad areas of law. The new unified first-tier tribunal would create a flexible framework, capable of responding to future changes in demand.
- Where appropriate, standardising the procedural rules across tribunals. This would include standardising rules regarding remote hearings and submitting documents electronically in response to the COVID-19 pandemic. A Tribunal Procedure Committee for Wales could assist with this process.
- Reinforcing structural independence by reforming the existing Welsh Tribunals Unit (the part of the Welsh Government that administers some devolved tribunals) into a non-ministerial department, giving it greater separation from the rest of the Welsh Government.
- Bringing the Valuation Tribunal for Wales and school exclusion appeal panels into the system of tribunals, increasing judicial oversight and, in the case of school exclusion appeal panels, introducing a new right of appeal.
The Law Commission is consulting on these proposals and has also posed a series of questions, on which we would greatly value both members and other stakeholders’ views. The consultation is open until 19 March 2021. The Law Commission will then analyse responses and produce a final report later in 2021.
|
|
'A Manifesto for Ombudsman Reform'
AJC Webinar
On Thursday 28 January, the AJC hosted a webinar entitled ‘A Manifesto for Ombudsman Reform’ in response to the publication last year of Richard Kirkham and Chris Gill’s collection of essays under the same name.
In light of recent own-initiative powers being introduced in both Northern Ireland and Wales, the webinar provided a forum for speakers from ombudsman schemes to consider and debate the various arguments for reform and to better understand the implications of such reforms on users of the administrative justice system. The event was chaired by the AJC’s Academic Panel co-chair, Naomi Creutzfeldt. As well as hearing an update on the Manifesto from its co-authors, attendees heard from Margaret Kelly (Northern Ireland Public Services Ombudsman), Nick Bennet (Public Services Ombudsman for Wales), Rob Behrens (Parliamentary and Health Service Ombudsman), Mick King (Local Government and Social Care Ombudsman) and Rosemary Agnew (Scottish Public Services Ombudsman).
For more details on the event, please see Richard and Chris' blog here. A recording of the webinar can be accessed via the AJC website's webinar recordings page here.
|
|
PSOW launches first
‘Own Initiative’ investigation
and Complaints Standards Authority
The Public Services Ombudsman for Wales has launched his office’s first ever ‘Own Initiative’ investigation, under powers established through Welsh Parliament legislation.
The findings of the investigation will be published later this year. Whilst the investigation will focus on three local authorities – Cardiff Council, Carmarthenshire County Council and Wrexham County Borough Council, it is hoped that any recommendations or good practice identified will be taken on board by all 22 authorities in Wales and can be added to their toolkit in the fight against homelessness. For further details on the investigation please visit here.
Meanwhile a Complaints Standards Authority (CSA) has been launched to drive up standards of public services delivered by Welsh councils. The CSA's task is to work with public bodies within the Ombudsman jurisdiction to:
- support effective complaint handling
- collect and publish data
- deliver bespoke training packages
Councils must submit a copy of their complaint handling procedure to the Ombudman's office, as well as information on their complaints performance, every quarter. For further information visit here. |
|
|
|
Impact of the Pandemic on Court and Tribunal Users
Lindsey Poole (Chair of Advice Sector Panel)
In February, Lindsey Poole (Director, Advice Services Alliance) provided the AJC Council with a paper outlining concerns raised by advice sector organisations in relation to online courts and tribunal hearings during the pandemic.
Although, since then, there has been evidence of HMCTS taking on board these concerns, the AJC is keen to hear from members or subscribers who have experienced similar or related problems: ajc@justice.org.uk.
|
|
AJC Windrush Working Group
Following our webinar in September 2020, the AJC has decided to set up a working group to look at the operation of the Windrush Compensation Scheme. The aim of the group is to is to ensure that people claiming compensation can get the support they need through accurate and timely decision-making; and that the complaints process is efficient, accessible and fair.
The group will be chaired by Robert Thomas, Professor of Public Law at Manchester University and Co-Chair of the AJC Academic Panel. Members include pro bono lawyers, advisors, complaints handlers, former claimants and academics. The Home Office will sit on the group as observers and Dechert LLP will provide pro bono research and support.
The first full working group meeting will take place on 16 March 2021, followed by a series of sub-group meetings which will culminate in a final report making recommendations to the Home Office on how to improve the operation of the scheme and the redress mechanisms available to claimants.
|
|
|
|
AJC Project on Social Care
The Advice Sector Panel is embarking on a project looking into adult social care and administrative justice. It is anticipated that a roundtable event will take place in June or July 2021, with discussions centred around local authority decision-making, access to justice and redress mechanisms. Anyone interested in learning more or taking part in the event should contact the AJC Secretariat at ajc@justice.org.uk.
|
|
The Future of Housing Dispute Resolution
Judge Siobhan McGrath, President, First-Tier Tribunal (Property Chamber) has provided a paper that calls for an overhaul of the way in which housing disputes are resolved.
In the light of JUSTICE's Solving Housing Disputes report last year and as a reflection on changes implemented since the onset of the pandemic, the paper recommends a 'targeted, proportionate and specialist' approach to change.
Read the full paper here.
|
|
Focus On:
IMMIGRATION AND ASYLUM CHAMBERS
|
|
|
President of the Upper Tribunal Immigration and Asylum Chamber and AJC Council and Steering Group member, Sir Justice Peter Lane, provides an update on the Chamber.
As with other parts of the system of administrative law, the effects of the Covid-19 pandemic on the immigration and asylum jurisdiction have been significant. The reduction in face-to-face contact impacted on the ability of the Secretary of State to conduct interviews with asylum seekers. The availability or otherwise of accommodation for asylum seekers and others has been a contentious issue, resulting in legal challenges being brought in the Administrative Court.
Meanwhile, the use by migrants of small boats in order to cross the English Channel from France to England increased dramatically during 2020. This in turn led to legal challenges regarding the use by the Secretary of State of former military camps to accommodate the new arrivals.
The Immigration and Asylum Chambers of the First-tier Tribunal and the Upper Tribunal (FtTIAC and UTIAC) have continued to deal with both appeal and judicial review work. Although Practice Directions mandated the use, where appropriate, of existing powers to make decisions without a hearing, certain provisions of the UTIAC’s guidance note on the subject were found to be unlawful. At both levels, a great deal of use has been made of video technology in order to conduct hearings either wholly or partly remotely. This brings its own challenges, not only in respect of such generally-encountered problems as loss of connection and poor sound and/or vision, but also because of the frequent need for interpreters where an individual is giving evidence, or making submissions (if legally unrepresented).
In the FtTIAC, the onset of the pandemic roughly coincided with the inception of a new, digital system of filing appeal documents. In the UTIAC, provision was swiftly made for urgent or “immediate” applications in immigration judicial reviews to be filed online.
In common with the rest of the justice system, the immigration and asylum jurisdiction has quickly had to adapt in the light of the pandemic. In this regard, the staff of Her Majesty’s Courts and Tribunals Service have responded magnificently, in the face of unprecedented difficulties.
And, like everyone, we look forward to the arrival of better times.
|
|
|
Immigration and Asylum Chamber: An Update
by Juliet Grant-Hutchison
The Resident Judge (Scotland and Northern Ireland) provides an update on the changes experienced since March 2020 by those working within the Chamber. As well as making the move to hybrid courts, the Chamber has seen the introduction of tribunal case workers. Technological advances have meant resources such as meetings, training and legislative changes can now all be delivered and accessed online. Follow this link for the full update.
|
|
|
|
PHSO Complaints Standards Framework
An update from Andrew Medlock, Assistant Director of Strategy & Partnerships, Parliamentary and Health Services Ombudsman (PHSO), and Advice Sector Panel member:
For the last 18 months, the Parliamentary and Health Service Ombudsman (PHSO) has worked with NHS regulators, service users, advocates and NHS organisations to produce a new Complaint Standards that will standardise complaint handling across the NHS. The driver for this piece of work was research that found that although there was much good practice in complaint handling across the NHS, there was no single source of guidance. There was also no recognised training path or qualification for complaint handlers. Complaint staff, who do a difficult and professional job for their organisation, often feel their expertise goes unrecognised and medical staff do not value their contribution to complaint investigations.
PHSO does not only investigate complaints about the NHS in England, it also looks into complaints about government departments. Work is now starting on devising Complaint Standards with government departments in PHSO’s jurisdiction, and staff from PHSO have set up a working group with representatives of government departments and their agencies, alongside advice and advocacy groups, to discuss a way forward. Again, there is much good practice across government departments and agencies but there is no one voice that shows what good looks like.
The government Complaint Standards will use the NHS Complaint Standards as the basis of the model for government departments. As a result, the process to develop the government Complaint Standards is likely to be shorter.
PHSO is keen to hear from any organisations that represent service users or that have experience of how government departments and agencies handle complaints. If you believe you or your organisation could contribute to this project, please get in touch using liaisonmanagers@ombudsman.org.uk for an initial conversation.
|
|
|
Universal Credit in Northern Ireland and Scotland
Mark Simpson (Ulster University), Sharon Wright (University of Glasgow), Ruth Patrick (University of York) and Laura Robertson (Poverty Alliance) recently led a webinar on experiences of universal credit in Northern Ireland and Scotland.
This targeted the Welsh policy community, but also involved attendees from the other devolved countries. Wales is currently the only UK country to have extensive devolved powers but almost no competence for social security, but an inquiry by the Senedd (Welsh Parliament) Equality, Local Government and Communities Committee in 2019 showed that there is now some appetite for this to change. Presentations on the findings of the two projects, both funded by the Joseph Rowntree Foundation, were followed by an open discussion on the possible opportunities and challenges associated with the future devolution of social security powers to Cardiff.
Mark Simpson and Ciara Fitzpatrick (Ulster University) alongside Ruth Patrick (York) are also working with UC:Us, a group of Universal Credit participants in Northern Ireland to create a user focused guide to Universal Credit. The co-produced guide, which will have the benefit of expert legal input from Law Centre NI and Housing Rights will provide advice based on the experiences of those who are current claiming Universal Credit. The group are hoping to publish the guide in spring/summer 2021, to support those who may find themselves turning to Universal Credit when the Government's Job Retention Scheme comes to an end. They hope that the guide will provide support as well as solace to those beginning their claimant journey.
|
|
AJC Membership and Recruitment
As it has been three years since the AJC's inception, in line with our terms of reference, our Council is looking at its membership for the second term. We have agreed to appoint a non-judicial deputy chair, to ensure that our membership is as reflective of the administrative justice landscape as possible and that it is representative of the communities we serve. As part of this process, we would strongly encourage candidates from BAME backgrounds working in administrative justice to consider applying to sit on the Council. A call for expressions of interest for the deputy chair role will be circulated shortly. For more information, please contact the Secretariat at ajc@justice.org.uk
|
|
|
|
|
