1. NHS Tribunal Training Alan D Miller April 2008 Depute Chairman
Judge without Drudge
NHS Tribunal Training Alan D Miller
April Depute Chairman

2. So, Is All You Need to Do… Look interested? Nod occasionally…
…but not off
Keep your mouth shut?

3. And… Assess all the evidence Deftly balance competing interests
Engage effectively with the team
Apply the judgement of Solomon
Not fall asleep, answer s, do the crossword

4. Research – Dame Hazel Genn
Tribunal users - satisfaction
Two key points
“I got a chance to have my say”
“They were listening”

5. JSB Competencies Knowledge and values Communication Conduct Evidence
Decision-making

6. Knowledge and Values Understand law, procedure and subject matter
Demonstrate professionalism and commitment
Aware of and respect diversity

7. Diversity Recognise and respect diversity Discrimination is subjective
Prejudice = a state of mind resistant to evidence
Fair treatment can require differential treatment
Self-representation

8. Communication Appropriate forms of address and language
Concise and relevant questions
Clear and non-technical language
Check understanding
Active listening

9. 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

10. Evidence Prepare Cover all relevant issues Avoid irrelevant issues
Ask questions when appropriate

11. Evaluating Evidence Credibility Reliability Consistency Expertise
Personal interest

12. Decision-Making Structured process Everyone takes part
Reasoned decision
Timescales

13. Decisions - Issues What’s the question? What are the options?
Are there any legal issues?
Is the evidence in conflict?
Can we draw inferences?

14. Decisions - Structure The decision Procedural history
Findings – what you find proven
Assessment of evidence / witnesses
Submissions
Law
Conclusions

15. 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