ABSTRACT

It was the twentieth century expansion of the role of the state and the growth in government departments – in relation to taxation, the provision of welfare benefi ts, the National Health Service, transport, planning and public housing, immigration and asylum – which explains the expansion of tribunals. Disputes between the individual and the day to day administration of government are inevitable, and mechanisms were needed to deal with such disputes. While access to courts of law is open, it is also costly, time-consuming and formal, with strict rules of procedure and evidence. What was needed was a less-formal, but nevertheless specialist and authoritative forum to deal with the large volume of complaints and/or appeals against departmental decisions. 1 Historically tribunals were operated by the government department which had undertaken the decision being challenged by the citizen. Government ministers appointed tribunal members and the department took responsibility for the administration of the process.