Self-test questions: Tribunals & Ombudsmen

By Josie Welsh
. Betsy has been trying to resolve an issue with her son's school in which they refuse a special education needs assessment. Betsy knows that her son requires additional support but the school has told her on numerous occasions that the local authority will not approve the support. Betsy is advised to contact a tribunal so that she can appeal the local authority's decision. Betsy wonders why she is not going to court and what the tribunal process entails.

What is the role of tribunals within the courts system of England and Wales?

. In 2001, the Leggatt Report noted that, 'The present collection of tribunals has grown up in an almost entirely haphazard way.' The Tribunals, Courts and Enforcement Act 2007 reformed many aspects of the system and saw the emergence of the First-tier Tribunal and Upper Tribunal. In addition, the main areas of function are now allocated to 'chambers'.
What happened in 2011 which further changed the way tribunals work in England and Wales?

. Although the procedure and style of tribunals may differ from courts, there is a constitutional principle which applies equally to tribunals and its judicial members.
What is that principle?

. Steve has been dismissed by his employer, ABC Ltd, and he thinks he has been treated unfairly. Communication has broken down between Steve and ABC Ltd during the dismissal. Steve wishes to take things further and challenge ABC Ltd's decision.
Which of the following advice would be best at this stage?

. What does the term ADR stand for?

. Roshni is making a claim to the Employment Tribunal and is told that her claim is a 'Type B' claim and she must pay £1200 to be able to bring the claim to the Tribunal. Since Roshni is now out of work, she cannot afford to make the claim and decides not to challenge her dismissal even though she knows it was unfair.
Which of the following statements best describes Roshni's options?

. After a global pandemic, there have been questions raised about how the government has handled the complex issues of public health. Activists from a mental health charity, a charity representing deaf people and a group of charities who operate food banks have called for further investigation so that lessons can be learned and mistakes avoided in future.
Through what means could this process be achieved?

. Dane is doing his dissertation on the role and power of public inquiries within the UK constitution. As part of his first chapter, he is giving a brief history of inquiries and determining the scope of their functions. Dane has been reading extensively about former public inquiries and the issues they investigated.
Which of the following has not been the subject of a public inquiry in the UK?

. A citizen has a complaint to make against a government department, through which means might this complaint be resolved?

. Helen has begun divorce proceedings and during a stressful time, she has been unsupported by her lawyer. Helen thinks they should have offered her more advice and guidance regarding the process of divorce. Not only this, she has been unable to contact the law firm at crucial points when she needed to. Helen has complained via an email to the firm but has heard nothing back. Helen wants to make a formal complaint about the service she has experienced but is unsure who to make it to.
Which administrative service might Helen access in this situation?

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