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Administrative Justice and Tribunals Council ... - Consultation Hub

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23 August, 2011<br />

Public Bodies Bill Team,<br />

Ministry of <strong>Justice</strong>.<br />

Post point 3.18,<br />

102 Petty France,<br />

London SW1H 9AJ<br />

Dear Sirs,<br />

Public Bodies Bill <strong>Consultation</strong><br />

I wish to make the following comments in response to the above consultation.<br />

These comments are made in a wholly personal capacity <strong>and</strong> do not represent<br />

the views of any institution or organisation.<br />

<strong>Administrative</strong> <strong>Justice</strong> <strong>and</strong> <strong>Tribunals</strong> <strong>Council</strong> (Questions 1-3)<br />

I would favour the retention of the <strong>Administrative</strong> <strong>Justice</strong> <strong>and</strong> <strong>Tribunals</strong><br />

<strong>Council</strong> (AJTC). Although the recent changes to the tribunal system, notably<br />

the creation of the <strong>Tribunals</strong> Service, have created a position where<br />

tribunals are more co-ordinated <strong>and</strong> consistent <strong>and</strong> have a higher profile<br />

(all areas where in the past the role of the <strong>Council</strong> on <strong>Tribunals</strong> was<br />

vital), there are dangers in the new structure which the AJTC can help to<br />

avoid <strong>and</strong> new opportunities for significant progress which will be lost if<br />

it is abolished.<br />

The key danger is that the very strength the <strong>Tribunals</strong> Service weakens the<br />

attention on anything that falls outwith its remit. Thus the position of<br />

the devolved tribunals becomes isolated <strong>and</strong> the opportunities for shared<br />

learning <strong>and</strong> developing good practice are lost. More significantly, the<br />

clearer focus on the tribunal stage risks diminished attention on the other<br />

stages of the administrative process. This is where there is a great<br />

opportunity for the AJTC to make a major contribution (<strong>and</strong> to pay its way<br />

<strong>and</strong> more). The expansion of the AJTC’s remit from the narrower focus of the<br />

<strong>Council</strong> on <strong>Tribunals</strong> is crucial here. The AJTC is the only body that can<br />

link together departmental practice, the tribunals. the courts, ombudsmen<br />

<strong>and</strong> less formal complaints mechanisms. the only body with a remit that<br />

encompasses an overview of all stages of the ‘ays in which the<br />

administration at all levels deals with indiidual members of the public who<br />

are unhappy ith their treatment.

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