NHS Tribunal Training Alan D Miller April 2008 Depute Chairman Judge without Drudge NHS Tribunal Training Alan D Miller April 2008 Depute Chairman
So, Is All You Need to Do… Look interested? Nod occasionally… …but not off Keep your mouth shut?
And… Assess all the evidence Deftly balance competing interests Engage effectively with the team Apply the judgement of Solomon Not fall asleep, answer e-mails, do the crossword
Research – Dame Hazel Genn Tribunal users - satisfaction Two key points “I got a chance to have my say” “They were listening”
JSB Competencies Knowledge and values Communication Conduct Evidence Decision-making
Knowledge and Values Understand law, procedure and subject matter Demonstrate professionalism and commitment Aware of and respect diversity
Diversity Recognise and respect diversity Discrimination is subjective Prejudice = a state of mind resistant to evidence Fair treatment can require differential treatment Self-representation
Communication Appropriate forms of address and language Concise and relevant questions Clear and non-technical language Check understanding Active listening
Conduct Identify issues pre-hearing … but don’t pre-judge them Maintain independence and authority Facilitate participation of parties Maintain control of proceedings Minimise delay
Evidence Prepare Cover all relevant issues Avoid irrelevant issues Ask questions when appropriate
Evaluating Evidence Credibility Reliability Consistency Expertise Personal interest
Decision-Making Structured process Everyone takes part Reasoned decision Timescales
Decisions - Issues What’s the question? What are the options? Are there any legal issues? Is the evidence in conflict? Can we draw inferences?
Decisions - Structure The decision Procedural history Findings – what you find proven Assessment of evidence / witnesses Submissions Law Conclusions
The Soft Stuff “The room they've been allocated, with its narrow space and low ceiling, will be enough to show what contempt the court has for these people.” Franz Kafka, The Trial