M6-1.1 Introduction to Tribunals
Instructions
1. Read the text and then complete the comprehension quiz to test your understanding.
2. If you prefer, you can listen to the video below.
Text
INTRODUCTION TO TRIBUNALS
Tribunals are specialist judicial bodies that hear and decide disputes in particular areas of law. There are many tribunals covering a wide range of areas affecting day-to-day life. Some of the individual jurisdictions dealt with by tribunals are UK wide, e.g. immigration and asylum, and others cover parts of the UK, e.g. Mental health covers England only. Some tribunals are administered through local authorities, for example, school exclusion panels, some by government departments, e.g. valuation tribunals, and others through his Majesty's courts and tribunals service.
HMCTS is an agency of the Ministry of Justice. HMCTS administers a two-tier tribunal system, a first-tier tribunal and an upper tribunal, both of which are split into chambers. Each chamber comprises similar jurisdictions or brings together similar types of experts to hear appeals.
The upper tribunal primarily but not exclusively reviews and decides appeals arising from the first-tier tribunal. Like the High Court, it is a superior court of record, as well as having the existing specialist judges of the senior tribunal's judiciary at its disposal, it can also call on the services of High Court Judges.
The first-tier tribunal, primarily hears applications from citizens against decisions made by government departments or agencies.
Although proceedings in the Property Chamber are on a party against party basis as are proceedings in the Employment Tribunal. The Employment Tribunals of both Scotland and in England and Wales sit outside the two-tier structure, but do come under the leadership of the senior president of tribunals. This two-tier structure is headed by the senior president who stands independent from the Lord Chief Justice.
Tribunals often sit as a panel incorporating a legally qualified tribunal judge, as well as panel members with specific areas of expertise. They hear evidence from witnesses but decide the case themselves. Tribunals have limited powers, depending on the jurisdiction of the case, to impose fines and penalties or to award compensation and costs. Other types of tribunal decisions might result in the allowance or disallowance of a benefit, leave or refusal to stay in the UK, or the extent of provision of special educational help for school-aged children.
Many cases involve individuals putting their own case without legal assistance, so the system needs to be accessible to all tribunal. Judges often help to ensure this by guiding non-legally qualified parties through the necessary procedures, if necessary.
A tribunal or chamber president is responsible for the day-to-day judicial administration of their tribunal or within the new simplified two-tier structure their chamber. They act as a vital link between the senior president of tribunals, the judicial officers of their tribunal, and the senior judiciary outside the tribunal's service.
Tribunal judges are legally qualified and responsible for ensuring the individual tribunal hearings they chair make the correct decisions in law.
Tribunal members are the specialist non-legal members of the panel hearing the case. Not every panel includes non-legal members.