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|Pilot Practice Direction: Contingency Arrangements in the First-Tier Tribunal and the Upper Tribunal (Coronavirus, 19/3/20)||Tribunal guidance • Coronavirus resource||
Tribunal coronavirus Practice Direction
During the pilot period, initially six months: (1) decisions should usually be made without a hearing where the rules permit [MHT: rule 35 limits this to Part 5 and strike-out decisions, and certain CTO referrals]; (2) in jurisdictions where a hearing is required unless the parties consent to a determination on the papers [MHT: certain CTO referral cases] Chamber Presidents may allow a paper "triage" scheme in which provisional decisions are provided in cases in which a successful outcome for the applicant/appellant is likely; (3) all hearings should be held remotely where it is reasonably practicable and in accordance with the overriding objective [MHT: rule 1 states that hearings may be "conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication"]; (4) where permitted, hearings will proceed in the absence of parties who have not made an adjournment/postponement application [MHT: a requirement of rule 39 is that the patient has decided not to attend or is unable to attend for reasons of ill health]; (5) tribunals will take into account the impact of the pandemic when considering applications for extension of time for compliance with directions or the postponement of hearings. [Notes in square brackets are not part of the PD itself.]
|Pilot Practice Direction: Panel Composition in the First-Tier Tribunal and the Upper Tribunal (Coronavirus, 19/3/20)||Tribunal guidance • Coronavirus resource||
Coronavirus tribunal composition (non-MH)
This PD applies to all appeals and applications within the First-tier and Upper Tribunal, except in mental health cases. For the duration of the pilot period, initially six months: (1) a salaried tribunal judge may decide, having regard to urgency among other matters, may depart from the usual rules on panel composition; (2) in such cases, the tribunal may seek the advice of one or more non-legal members to assist with its decision-making, provided the advice is recorded and disclosed to the parties.
|Senior President of Tribunals, 'Guidance for tribunal judges and members - COVID-19 measures' (23/3/20)||Tribunal guidance • Coronavirus resource||
Tribunal coronavirus hygiene guidance
This guidance covers matters such as 2m separation and hand washing.
|Senior President of Tribunals, 'Judges' and Members' Administrative Instruction No 4' (14/4/20)||Tribunal guidance • Coronavirus resource||
Further coronavirus guidance
This guidance refers to: (1) the Mental Health Tribunal, 'Help for users' (15/4/20) document; (2) the rule changes in Tribunal Procedure (Coronavirus) (Amendment) Rules 2020 (paper hearings, s2 timeframes, and public/private hearings); (3) plans for further or intermittent lockdown, the relaxation of lockdown restrictions, and both the return of existing business and new business; (4) paper case files; (5) some other matters irrelevant to mental health.
|Senior President of Tribunals, 'Proposal to amend Composition Statements' (18/2/20)||Consultation||
Proposed reduction on tribunal panel sizes (not MHT)
This consultation relates to the General Regulatory Chamber, the Social Entitlement Chamber, the Property Chamber and the Health, Education and Social Care Chamber (SEND, Primary Health Lists and Care Standards cases only - not MHT). Consultation closes 14/4/20.