1. Perspectives on the Tribunal Jessica Burns 25 August 2011

2. The expectations
The problems
The achievements
The future
Scottish Tribunals Service

3. Adding up the figures… Year CSP Placing R Total 2005/06 2 -
2005/
2006/
2007/
2008/
2009/
2010/
2011 – to date

4. 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

5. 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

6. 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

7. 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

8. 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