Perspectives on the Tribunal Jessica Burns 25 August 2011

The expectations The problems The achievements The future Scottish Tribunals Service

Adding up the figures… Year CSP Placing R Total 2005/06 2 - 2005/06 2 - 2006/07 30 12 42 2007/08 59 16 75 2008/09 25 10 35 2009/10 39 14 53 2010/11 32 32 64 1 2011 – to date 5 43 48 2

The expectations Hearings lasting half a day 300 references a year/100 hearings No planning for pre-hearing procedure Most parents unrepresented Law would be simple to apply Little involvement of lawyers Parties would favour mediation

The problems Intensive induction training which did not meet the needs of the Tribunal Legislation did not meet policy intentions Underestimating conflict back stories Too slow to ensure consistency of approach among Tribunals Low volumes which did not support expertise Higher appeal activity to Court of Session

The achievements Quickly responding to Tribunal needs – success of conference calls & enabling role Highly skilled conveners; knowledgeable members Contributing to and implementing legislative changes Appropriate training strategies eg e-bulletins, convener only sessions Managing expectations High quality decisions Perceived as fair Listening to users

The future Absorbing a new jurisdiction Transition to new President Importance of placing requests Impact of Take Note Bedding in of new ASN legislative changes Review powers Consolidating the enabling Tribunal

Scottish Tribunals Service Impact of new tribunal organisation Legislative changes to create new judicial identity Review of rational grouping of Tribunals Possible development of Children’s Tribunal More emphasis on children being involved in the process But need to preserve expertise of secretariat