Administrative Justice Council publishes final report on addressing disadvantage in tribunal and ombudsman system
The Administrative Justice Council (AJC) has today (Wednesday, November 26) published its final report on addressing disadvantage in the administrative justice system (AJS).
The report explores the barriers faced by individuals who experience disadvantage in the AJS due to personal circumstances, characteristics or systemic factors.
It identifies key challenges faced by users and outlines 11 recommendations for the role government, educators, ombudsman schemes, legal advice providers and other stakeholders can play in strengthening the AJS.
The AJS encompasses the procedures, law and systems of many specialist tribunals and ombudsman schemes for resolving disputes in relation to any decision made by an administrative or executive body about a person.
This is a broad remit which covers many decisions which a government body or local authority may make about someone, including social care, special education needs and disability appeals, benefits assessments, immigration and asylum decisions, healthcare and housing.
The report, produced by the AJC’s Addressing Disadvantage Working Group, is structured to follow the lifetime of a dispute, from recognising that a problem is legal through to its final resolution.
Born out of feedback that an increasing number of people were frustrated or distressed when accessing the AJS, the Working Group aims to identify “pinch points” in the system and to propose practical, coordinated solutions to improve outcomes for all users.
To improve initial decision making by central and local government, the Working Group recommends that stakeholder collaborate to create effective feedback tools for service users and their representatives.
This could help decision makers be better informed about the consequences of incorrect decisions and the cost to claimants and other public services, the Working Group suggests.
Chaired by Lucy Scott-Moncrieff CBE, the Working Group also recommends that the existing complexity in the network of ombudsman schemes could be tackled through the creation of a national Public Services Ombudsman for England.
This new Ombudsman could drive systemic improvements to public services and help to restore public trust and belief that failures will be addressed.
Other recommendations include the proposal that parties – claimants and respondents – collaborate to minimise delay and ensure cases are fully prepared by the first hearing.
Speaking about the report, Lord Justice Dingemans, the Senior President of Tribunals and Chair of the Administrative Justice Council said: “This report highlights the ongoing challenges within the administrative justice system and offers practical solutions to address them. The system is vast and complex, with hundreds of thousands of people relying on it each year to resolve disputes – from social security decisions to special educational needs provision. The barriers identified underscore the need for organisations across the system to work together to ensure it is truly effective. Improving public understanding of how, where, and when to seek redress, and ensuring resources are in place to assist them, is fundamental to upholding the Rule of Law.”
You can download the full report, including its executive summary and summary of recommendations, below or visit the AJC webpage for more information.