Chapter 18 Multiple choice questions

. Administrative justice concerns the way in which public bodies deal with the rights and interests of individuals, and the provision of _______ when things go wrong.

. There is no single coherent institutional structure of administrative justice equivalent to the systems of civil or criminal justice that are focused on the civil and criminal courts.

True

False

. Which body replaced the Administrative Justice and Tribunals Council (AJTC) after its abolition in 2013?

The Tribunal and Ombudsman Committee

The Quango Committee

The Administrative Justice Forum

. Which of the following statements accurately reflect one of the aims of the UK government's administrative justice strategy in 2004?

To try and help people avoid problems and legal disputes in the first place.

To ensure legal remedies are always available.

To limit the availability of dispute resolving mechanisms.

. The government has a policy aim of 'getting it right first time' in relation to the decisions made by public bodies affecting individuals. The President of Tribunals, in a report, noted that his impression was that little improvement had been made in 'getting it right first time.' One of the reasons he identified for this failure was that the representatives of the public bodies did not attend tribunal hearings, resulting in a failure of feedback and hence the same mistakes were being made again and again. Richardson and Genn note that feedback is not a universally accepted idea, why?

The government and the tribunals' service regard feedback as a drain on resources.

Government does not regard tribunals as useful sources of feedback, as they have little understanding of public sector decision making.

Tribunals fear that feedback may not result in simply the improvement of decision making but instead be used by public bodies to make their decisions appeal proof.

. As appeal rights have been increasingly been limited or curtailed, it is important to make good _______ decisions.

. In R (Cart) v Upper Tribunal [2011] UKSC 28, what were the main features of tribunals mentioned by Lady Hale? Please select all that apply.

They are set up by statute to administer complex and rapidly changing areas of the law.

They are less important than courts.

Their members are expected to have relevant expertise or experience in the subject.

Their procedures are tailored to the subject matter of the dispute and they are not bound by the technical rules of evidence.

. A former Lord Chief Justice has argued that 'administrative' tribunals could subvert the rule of law.

True

False

. What were the main three outcomes of the Franks Committee report according to the Scottish Consumer Council? Please select all that apply.

It encouraged the judicialisation of tribunals.

It promoted the idea that tribunals were more user-friendly than courts.

It did not restrain the proliferation of tribunals.

It prevented tribunals from being held in public.

. Why is there said to be a tension between the values of constitutionalism and those of proportionate dispute resolution (PDR) over administrative justice?

Constitutionalism is rooted in the rule of law and in contrast PDR is motivated by pragmatic considerations which do not have the same level of respect for the rule of law.

Constitutionalism dictates that all disputes involving public bodies must be settled by the courts, whereas PDR attempts to take disputes away from the courts.

Constitutionalism values efficiency, in contrast PDR attempts to promote the values of the rule of law.

. At the heart of the HMCTS digitalisation agenda is improving access to justice.

False

True

. Which of the following are the principal characteristics of the public sector ombudsmen? Please select all that apply.

They are independent of the bodies that they may investigate.

They are concerned with complaints that 'maladministration' has caused 'injustice'.

They operate through investigatory powers, rather than by adjudication.

They cannot force public bodies to comply with their findings and recommendations.

. The Parliamentary Commissioner Act 1967 established the Parliamentary Commissioner for the Administration (PCA), who is the now the Parliamentary Ombudsman. One of the main criticisms of the Act is that it created a process whereby citizens have to route their complaints to ___.

. Public bodies' compliance with ombudsmen recommendations is almost certainly far higher than compliance with judgments imposed by the civil courts.

False

True

. The task of the PO is to investigate complaints that injustice has been caused by maladministration. Does this allow the PO to investigate the merits of decisions of public authorities?

The PO can investigate the merits of a public body's decision but only with certain conditions.

The PO can always investigate merits of a public body's decision.

The PO can never investigate the merits of a public body's decision.

. What two arguments were originally used to justify the MP filter for accessing the PO? Please select all that apply.

It protects the MPs in relation to their work helping their constituents.

It would protect the PO from being inundated by complaints.

The MP filter would allow MPs to warn government to hide documents that could incriminate them.

It would dissuade individuals from complaining and therefore would give the impression that there were less complaints than there actually were.

. In some respects, the powers of the Parliamentary Ombudsman are significantly greater than those of courts.

True

False

. Which three factors does Richard Kirkham argue are relevant to the assessment of the weakness of the PO's powers to enforce recommendations? Please select all that apply.

The vast majority of the recommendations and findings of the PO are respected.

A lack of powers to enforce findings is a defining feature of the ombudsmen practice.

The working practices of the PO do not satisfy the requirements of Article 6 of the ECHR. If it were to possess powers of legal enforcement it would have to adapt its practices and would lose many of its advantages.

Most ombudsmen in other countries rely on binding legal recommendations.

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