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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 -
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The expectations • The problems • The achievements • The future • Scottish Tribunals Service
Adding up the figures… Year CSP Placing R Total • 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