This chapter discusses tribunals and their role within the administrative justice system. It considers the purpose of tribunals, their advantages over the courts and the difference between tribunals and judicial review. The chapter than outlines the structure of tribunals, focusing on the two-tier system introduced by the Tribunals, Courts and Enforcement Act 2007, and the roles of the First-tier Tribunal and the Upper Tribunal. The ability to appeal from the First-tier Tribunal to the Upper Tribunal is then outlined together with the possibility of making an onward appeal on a point of law to the Court of Appeal and potentially direct to the Supreme Court. The chapter also analyses the development of ‘Cart judicial reviews’, which is when the Upper Tribunal is itself reviewed by the High Court, and scrutinises proposals to abolish this procedure. Different aspects of tribunal procedure, including oral or paper-based hearings, and different approaches to conducting oral hearings are also discussed. The chapter concludes by considering potential reforms, including the move to holding tribunals online.
Chapter
15. Tribunals
Chapter
16. Ombudsmen
This chapter discusses the role and work of the Parliamentary Ombudsman (‘Ombudsman’). The Ombudsman investigates complaints of maladministration that members of the public allege they have received from government departments. The chapter beings by considering the constitutional position of the Ombudsman, explaining how originally the Ombudsman was seen as a servant of the House of Commons, filling a gap left by traditional forms of government accountability provided by MPs who taken together lack the capability to investigate thousands of individual cases. The chapter outlines the procedures of the Ombudsman as provided for the Parliamentary Commissioner Act 1967, including the MPs filter, and how meaning of maladministration has developed in recent decades into ‘principles of good administration’. If the Ombudsman finds that maladministration has occurred in a particular case, then they can make a recommendation as to what the relevant government department can do to remedy the situation. If the government department does not accept the Ombudsman’s recommendation, then the Ombudsman can bring the matter to the attention of the House of Commons by laying a special report. This reflects how ultimately, the Ombudsman is part of the political, rather than legal process.
Chapter
17. Public inquiries
This chapter outlines the role of public inquiries within the broader context of administrative justice. The focus of this chapter is ad hoc inquires established under the royal prerogative or the Inquiries Act 2005 to consider a matter of public concern. Such inquiries fulfil several purposes, and supplement other forms of accountability. The chapter then discusses the key features of public inquiries, including the importance of the terms of reference which establish the remit of the inquiry. The next important question is the choice of chair or panel, and in particular as to whether a senior judge should be used to chair the inquiry. There are some circumstances when the use of a judicial chair is perhaps less appropriate, including when the inquiry is likely to veer into matters of political controversy. Other considerations include whether inquiries should sit in private or public, and the impact of an inquiries report once it has been released to the public.
Chapter
12. Natural Justice and Legal Justice
Sir William Wade, Christopher Forsyth, and Julian Ghosh
This chapter first discusses how the courts have devised a code of fair administrative procedure based on doctrines which are an essential part of any system of administrative justice. It then explains the concept of administrative justice and natural justice; natural justice in the common law; the European Convention and natural justice in administrative proceedings; and the curative effect of access to a court of ‘full jurisdiction’.
Chapter
15. Administrative Justice and Accountability
Tribunals, Ombudsmen, and Public Inquiries
This chapter focuses on key methods of administrative justice and accountability: tribunals, ombudsmen, and public inquiries. It explains that the administrative justice system refers to all the processes ensuring that public bodies make decisions lawfully, fairly, and consistently with principles of good government. Regardless of its different definitions, administrative justice ensures the fair and effective operation of public services. It sets out the function of tribunals and public inquiries in monitoring the state’s fulfillment of its responsibilities to the public, and notes that regardless of their differences, tribunals, ombudsmen, and inquiries all provide ways of holding the executive to account for their actions.
Chapter
16. Administrative Justice: Tribunals and Ombuds
This chapter considers the main ways in which disputes between individuals and public bodies are resolved outside the court system in what is widely referred to as the landscape of ‘administrative justice’. The Chapter explains the nature and importance of administrative justice, including the need to ensure good quality and just initial decision-making by public bodies; the challenges faced by those accessing the administrative justice ‘system’ to question initial decisions; and the two principal pillars of the administrative justice system tribunals and the use and role of public sector ombuds. It also contains a case study based on the Windrush scandal.
Chapter
14. Challenging government action
This chapter focuses on the administrative justice system. Administrative justice refers to the systems that enable individuals to resolve complaints, grievances, and disputes about administrative or executive decisions of public bodies, and to obtain redress. Grievance mechanisms exist to achieve redress and to ensure accountability and improved public administration. They include formal court action through judicial review, but range well beyond the courts to informal, non-legal mechanisms. Whereas a public inquiry may concern a grievance of a larger section of the public and can raise political issues, an inquiry by an Ombudsman concerns a grievance of an individual or small group, with a different fact-finding process. Meanwhile, tribunals determine rights and entitlements in disputes between citizens and state in specific areas of law, such as social security, immigration and asylum, and tax.
Chapter
14. Challenging government action
This chapter focuses on the administrative justice system. Administrative justice refers to the systems that enable individuals to resolve complaints, grievances, and disputes about administrative or executive decisions of public bodies, and to obtain redress. Grievance mechanisms exist to achieve redress and to ensure accountability and improved public administration. They include formal court action through judicial review, but range well beyond the courts to informal, non-legal mechanisms. Whereas a public inquiry may concern a grievance of a larger section of the public and can raise political issues, an investigation by an Ombudsman concerns a grievance of an individual or small group, with a different fact-finding process. Meanwhile, tribunals determine rights and entitlements in disputes between citizens and state in specific areas of law, such as social security, immigration and asylum, and tax.
Book
Andrew Le Sueur, Maurice Sunkin, and Jo Eric Khushal Murkens
Public Law: Text, Cases, and Materials offers a fresh approach to the study of constitutional and administrative law. It provides clear and insightful commentary on the key institutions, legal principles, and conventions, and blends this with a carefully selected and diverse range of materials and case studies. Part I covers the fundamentals of the constitution. Part II examines the executive function including protecting rights, government and accountability. Part III looks at the legislative function including primary and delegated legislation, European Union treaties, and legislative processes. Part IV considers judicial and dispute resolution functions in terms of the judiciary, tribunals, the ombuds human rights, and constitutional change. Part V examines the European Union, including the institutions of the European Union and joining and leaving the Union.
Chapter
14. Introduction to Judicial and Dispute Resolution Functions
This chapter provides an overview of the themes covered in Part IV of the book. Chapter 15 examines the constitutional position of judges within the United Kingdom, looking in particular at judicial independence and at the process by which judges are appointed. Chapter 16 looks at redress mechanisms outside the court system—a terrain often referred to as the landscape of ‘administrative justice’. Chapters 17–19 examines judicial review of the legality of actions taken by public authorities; Chapter 20 examines the use of human rights arguments against these authorities.
Book
John Stanton and Craig Prescott
With its fresh, modern approach and unique combination of practical application and theoretically critical discussion, Public Law guides students to a clear understanding of not only the fundamental principles of constitutional and administrative law, but how they are relevant in everyday life. Topics include: the UK Constitution; the institutions of government and the separation of powers; the rule of law; parliamentary sovereignty; the European Union; and Brexit. It also looks at the Crown and the royal prerogative; central government; Parliament; and devolution and local government. Next it presents a number of judicial reviews in the following: illegality, irrationality and proportionality, and procedural impropriety. Finally, it considers administrative justice, the European Convention on Human Rights and the Human Rights Act, and human rights in the UK.
