Tribunal Member

Refresher Training

14 May 2015 - Hammersmith

AIMS

To provide all tribunal members sitting in the jurisdiction with an overview of the

Competence Framework and Appraisal Scheme.

To reflect upon best practice and to develop the skills as set out in the competence

framework.

WHY HAVE THIS TRAINING DAY?

Overwhelming requests in training feedback

You asked for ;

– time for discussion in training,– to practice tribunal skills, – to see how others do it.

OUTCOMES

At the conclusion of this day the aim is you will be able to:

Identify, with reference to the competence framework, good practice and practice to avoid.

Demonstrate questioning skills with reference to the PIP legislation.

Conduct hearings, with reference to the revised equal treatment bench book, in a way which ensures all parties are treated fairly.

Programme

• Introduction to competencies and appraisal

• Tribunal skills

• Questioning skills

• Equal treatment

EQUAL TREATMENT

• Equality Act 2010

• Equal Treatment Bench Book

• Judgecraft

7

Judgecraft

• This is the art of judging.

• It is about how we do the job and fair treatment and equality are at the heart of it.

Judgecraft chapter paragraph 1 Equal Treatment Bench Book

Effective Communication

• This underlies the entire legal process: ensuring that everyone involved understands and is understood; otherwise the legal process will be impeded or derailed.

• Understanding means understanding the evidence, the materials, the meaning of questions and answers to them.

Judgecraft chapter paragraphs 7 & 8 Equal Treatment Bench Book

Effective communication requires an awareness of ‘where a person is coming from’ in terms of background, culture and special needs, and of the potential impact of those factors of a person’s participation in the proceedings…

Judgecraft chapter paragraph 13 Equal Treatment Bench Book

Try to put yourself in the position of those appearing before you: an appearance before a tribunal is a daunting and unnerving experience as a result parties and witnesses may appear belligerent, hostile, rude, confused or emotional; a likely result is that they will not give a good account of themselves and the tribunal should put them at their ease to enable them to do so.

Judgecraft chapter paragraph 14 Equal Treatment Bench Book

Demonstrating Fairness

When parties do not get what they would like or expect, it is particularly important that they feel they were fairly treated, fully heard and fully understood.

Judgecraft chapter paragraph 20 Equal Treatment Bench Book

People who have difficulty coping with the language or procedure of the court or tribunal, and are perhaps less engaging litigants as a result, are entitled to justice in the same way as those who know how to use the legal system to their advantage; any disadvantage that a person faces in society should not be reinforced by the legal system.

Judgecraft chapter paragraph 21 Equal Treatment Bench Book

Recognising and eliminating prejudices, including your own prejudices, is essential to prevent wrong decisions and to prevent erroneous assumptions being made about the credibility or actions of those with backgrounds different from our own.

Judgecraft chapter paragraph 29 Equal Treatment Bench Book

Social Security & Child SupportTribunals

Appraisal Scheme

How does the appraisal system work

First sitting

Supportive visit/buddy session

Self assessment questionnaire

Appraisal

Appraisal report

Why bother ?

Let me disappoint you first.

You don’t get paid any more!

So if it’s not money ……• Independent but not unaccountable.• Support from experienced judiciary.• Uniformity of judicial practice.• Demonstrate skills and knowledge transferred

into Tribunal room from training.• Promoting self reflection.• Aspiring for best practice.• To enable assessment of types of cases which

can be heard by members

Competences

A - Knowledge & valuesB - CommunicationC - Conduct of casesD - EvidenceE -Decision making

A- Knowledge & values

C - Conduct of cases

E -Decision making

B – Communication

To ensure effective communication between all tribunal judges, members and parties

Performance Indicators

• Asks clear concise and relevant questions which are understood by those to whom they are addressed.

• Makes appropriate comments.• Employs active listening skills.• Appropriate body language.• Regularly checks the understanding of all

participants.

D – Evidence

To ensure that all relevant issues are addressed by eliciting and managing evidence

Performance Indicator

3

Asks questions in such a way as to elicit evidence relevant to the issues.

Questions

Bob Forrest Article

Why do we ask questions ?

• To obtain informationOR• To obtain relevant information

• To resolve conflicts in the evidence

• To determine entitlement

How do we ask questions

• The KISS principle• Keep It So Simple• Use open questions• Be neutral• Use appropriate body language• Listen to the answer• Avoid unnecessary interruptions

Appraisal Report• Follows feedback/discussion• Outcomes:-

A) Competent performance. B) Some concern – action plan mentoring.

C) Serious concern –the above and if no improvement ultimate sanction is removal.

So at the end of today …

What approach will you take when asking questions at your next tribunal?

Is it possible that you will look forward to your appraisal?

Or at least less stressed?

And finally ………

London District Tribunal Judges Simon Ward RMM SuttonPenny Wood SuttonMary May Sutton Stephen Pierce SuttonVictoria Woollen SuttonEily Harty SuttonVicky King SuttonJane Lom Bexley HeathJacqueline Guest EnfieldAnne Marie Tootell Anchorage HouseRichard Poynter Fox CourtMark Hindley Fox CourtConrad Haley-Halinski Fox CourtCatherine Bradley Fox CourtManjit Kaur Gill Fox Court

To get the most out of today

• Be honest

• Be reflective

AND FINALLY

Enjoy The Day!