Welsh Government to hold consultation on single “coherent” tribunal system
The Welsh Government has confirmed that a consultation will be held on establishing a single, unified tribunal system for Wales as part of plans to improve coherence in the system and improve access to justice.
The Welsh Government will present a white paper to lay out the reforms in the coming months.
There are a number of devolved tribunals in Wales, each operating under its own legislation. Some – including mental health, agriculture and the Welsh language – are grouped as the 'Welsh Tribunals' under the supervision of the President of Welsh Tribunals, while others - including school admission and exclusion appeal panels - operate outside of that grouping.
The independent Commission on Justice in Wales recommended in October 2019 that tribunals which determine disputes in both civil and administrative law should be under one unified system, and the Law Commission provided a number of recommendations setting out structural reforms required to modernise the tribunal system.
Mick Antoniw, Counsel General and Minister for the Constitution, said: "Bringing these tribunals together – and establishing an appellate court in Wales for the first time – will give the nation a simple, modern and fair tribunal structure. It is another step towards designing a coherent and high performing justice system for Wales.
"I want to be very clear that judicial independence is the guiding principle for the way in which judicial institutions are supported in Wales. This will not be lost in these tribunal reforms.
"The case for further devolution of the justice system is now well-established and we look forward to justice and policing being devolved to Wales so we can deliver a better system for citizens, communities and businesses. Until then, tribunal reform is an excellent example of how we can use the levers at our disposal now to pursue a whole-system, person-centred approach to justice."
The Welsh Government set out its plans to devolve justice to Wales in May 2022 with the publication of its policy strategy document, Delivering justice for Wales.
In regard to reforming the tribunal system in Wales, the document detailed the following raft of measures:
- Create a unified first-tier Tribunal for Wales as part of a structurally independent Tribunal Service;
- Create an Appeals Tribunal for Wales;
- Transfer appeals against school exclusions to the new first-tier Tribunal (subject to consultation);
- Expand the role of President of Welsh Tribunals;
- Explore the most effective production and publication of Welsh tribunals data;
- Prepare for the impact of Mental Health Act reforms on the caseload of the Mental Health Review Tribunal for Wales;
- Engage with stakeholders to take forward recommendations of the Commission on Justice in Wales to co-ordinate and rationalise civil and administrative dispute resolution in Wales
- Discuss with UK Government the Thomas Commission recommendations relating to coroners' services.
Adam Carey
