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Administrative Justice and Tribunals Council ... - Consultation Hub

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q1: What are your views on the proposed abolition of the AJTC q2Do you believe that<br />

there are any functions<br />

of the AJTC that will not<br />

be adequately covered<br />

following the proposed<br />

abolition <strong>and</strong> suggested<br />

future h<strong>and</strong>ling of<br />

functions as set out<br />

above Please state<br />

what these are <strong>and</strong> your<br />

reasons.<br />

Please state what these are <strong>and</strong> your reasons.<br />

q3: Do the<br />

proposals have<br />

any significant<br />

direct impact<br />

on you<br />

If so, please explain the impact:<br />

qContactD qContactD<br />

etails etails<br />

qRepresentativ<br />

eOfGroup<br />

I feel very strongly against the government's decission to abolish the AJTC. For such a small budget, the expertise <strong>and</strong> Yes<br />

The AJTC carry out its functions with the tribunal user Yes<br />

benefits <strong>Council</strong> Members bring outweigh the cost savings <strong>and</strong> therefore I believe the huge amout of wealth of<br />

knowledge, skills <strong>and</strong> experience that council members bring will be lost. AJTC members have the right to observe<br />

deliberations government officials will not have the same right in the same way <strong>and</strong> therefore will not be able to<br />

comment on the true reflection of justice. Also AJTC is an independent body, a govt body cannot be independent to<br />

monitor the justice system.<br />

in mind, how can the government prove that a body<br />

like the AJTC that cost such a small budget is not cost<br />

effective, efficient <strong>and</strong> ecomonic to improve services<br />

for members of the public. Whlie fuctions can be<br />

carried out by MoJ officials they do not have the<br />

expertise that <strong>Council</strong> Members have <strong>and</strong> will not be<br />

able to do the job in the same manner because they<br />

are not independent.<br />

it should close No No Member of 15-07-11<br />

the public<br />

No<br />

Yes<br />

No<br />

No<br />

No<br />

No<br />

No<br />

I must admit to being concerned about this proposal. As the role of administrative justice within the overall justice<br />

system exp<strong>and</strong>s <strong>and</strong> moves into ever more facets of everyday life, surely it becomes more important that it is kept<br />

under robust <strong>and</strong> independent review<br />

Yes<br />

I doubt whether effective governance of the<br />

administrative justice system could ever truly take<br />

place without input from a genuinely independent<br />

overseer such as the AJTC. HMCTS will effectively be<br />

reviewing itself in this area of justice from now on <strong>and</strong><br />

that is not good governance for what is an ever<br />

growing <strong>and</strong> ever more important area of the justice<br />

system.<br />

No<br />

POLICY<br />

ADVISOR<br />

19 JULY<br />

2011<br />

The role of the AJTC (quoted from their website) is to 'keep under review the administrative justice system as a whole<br />

with a view to making it accessible, fair <strong>and</strong> efficient. We seek to ensure that the relationships between the courts,<br />

tribunals, ombudsmen <strong>and</strong> alternative dispute resolution providers satisfactorily reflect the needs of users." As a fee<br />

paid Tribunal Judge ( Social Security <strong>and</strong> Child Support, <strong>and</strong> Mental Health Tribunal) of 13 years st<strong>and</strong>ing I feel<br />

strongly that the AJTC should not be abolished. My comments are in relation only to <strong>Tribunals</strong> <strong>and</strong> are as follows: 1.<br />

The AJTC has a proven record in keeping st<strong>and</strong>ards of <strong>Tribunals</strong> higher than they might otherwise be. A recent<br />

example is that the Mental Health Review tribunal- as it was- fell into a state of considerable disarray as a result of<br />

exceptionally poor management at the Department of Health. The AJTC convened an advisory group ( of which I was,<br />

<strong>and</strong> remain, a member) consisting of several 'stakeholder" representatives, <strong>and</strong> over a number of years has monitored<br />

<strong>and</strong> held the MHT ( as it now is) to account. Without doubt the considerable improvements<br />

Yes<br />

The issues are the impartiality of the oversight, <strong>and</strong> the Yes<br />

concentration on the user of the service.<br />

As a fee paid Tribunal Judge, I am<br />

concerned that the system operates<br />

efficiently, effectively, <strong>and</strong> economically.<br />

In the latter days when the MHRT was<br />

being administered from the Department<br />

of Health, it operated in none of these<br />

ways. The waste of money was appalling<br />

<strong>and</strong> the level of service offered was<br />

extremely poor. It was notably referred to<br />

on one occasion as a "Mickey Mouse'<br />

outfit. The Department of Health paid out<br />

damages regularly to detained patients<br />

whose Article 5 rights had been breached<br />

by delay. The AJTC ( then the <strong>Council</strong> on<br />

<strong>Tribunals</strong>) was highly proactive in calling<br />

the MHRT to account. It has been very<br />

successful in doing so <strong>and</strong> there is no<br />

doubt that the system now works far<br />

more efficiently than it used to.<br />

Tribunal<br />

Judge, fee<br />

paid<br />

2.8.2011

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