Tribunal Reform in Scotland Dr Joe Morrow President of the Mental Health Tribunal for Scotland MHO Forum Annual Study Conference Perth, 4 October 2012

Background Franks Report (1957): Tribunals should be seen as specialist institutions for adjudication Tribunals must be fair, open and impartial Made a number of recommendations to further fairness, openness and impartiality Most recommendations implemented in Tribunals and Inquiries Act 1958 and Tribunals and Inquiries Act 1992

Leggatt Report (2001): why tribunals rather than courts? Perceived deficiencies of courts: delay expense technicality and formality lack of expertise conservative social and political views Advantages of tribunals: speed cost expertise free from technicality informality of proceedings

Leggatt Report (ctd.) Leggatt’s aim: a system that was ‘independent, coherent, professional, cost-effective and user friendly’ To this end, made a number of recommendations: to strengthen independence to harmonise procedures and rights of appeal for structural reform of tribunals for unified administration for better training and use of IT

Implementation of the Leggatt Recommendations April 2006: new Tribunals Service launched Tribunals, Courts and Enforcement Act 2007 created: –First-tier Tribunal (divided into a number of chambers) –Upper Tribunal (again separated into chambers) –Senior President of Tribunals

Philip Reports (2008 and 2009) recognised tribunals are a vital part of Scotland’s justice system present system complex and fragmented highlighted concerns about current system not meeting key principles of independence and coherence set out by the Leggatt Review of UK tribunal system considered possible future options: 1.retain status quo 2.put mechanisms in place to ensure better integration and cooperation 3.bring all Scottish tribunals within the remit of the existing Tribunals Service 4.establish a new Scottish Tribunals Service to support all Scottish tribunals 5.establish a new Scottish Tribunals Service to support both GB tribunals within Scotland and all Scottish tribunals

Scottish Tribunals Service (STS) STS created on 1 December 2010 to provide administrative support to Mental Health Tribunal for Scotland Additional Support Needs Tribunals for Scotland Lands Tribunal for Scotland Pension Appeals Tribunals for Scotland Private Rented Housing Panel Scottish Charity Appeals Panel

Tribunal Reform Bill Proposals First-tier Tribunal and Upper Tribunal First-tier Tribunal chamber structure Chamber Presidents and Deputy Chamber Presidents Judicial leadership of Lord President of the Court of Session President of Scottish Tribunals Appeals to Upper Tribunal Power to order reconsideration of First-tier decisions Scottish Government commitment to Millan principles