TRIBUNAL TRAINING

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TRIBUNAL TRAINING

• QUIET EVOLUTION

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Aim

• to demonstrate how the outcomes from a tribunal
  TNA were translated into a competence based
  programme for training tribunals members in
  generic judgecraft skills
• to show how the programme was developed with,
  rather than for, the tribunals judiciary and
• how the programme is supported by frameworks,
  guidance and evaluation.

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Judicial Studies Board

• Delivers training to the mainstream judiciary,
  magistrates and tribunals.
• Independent of the DCA
• Judges train judges
• Director of Studies - fulltime judge
• Course Directors - judges who train as well as
  sit.

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JSB and Tribunals

• Large number of tribunals - varying composition
• Tribunals Committee created in JSB in 1985
• To encourage and advise where advice is needed,
  to persuade rather than dictate.
• Membership High Court Judge, tribunal members,
  Council on Tribunals and DCA.

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Tribunals Committee

• Current remit is to
• provide, review and develop training programmes
  in the competences required for the judicial role
  
• provide support and guidance to tribunals in
  delivering training
• develop and maintain JSBs role as the focus for
  development of training policy, advice and
  guidance for tribunals
• evaluate judicial training, appraisal and
  mentoring provision to assure the Senior
  President that it meets the required standards
  and principles set out in the JSB frameworks.

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Competence Framework

• A - Law and Procedure to ensure an appropriate
  level of knowledge of the jurisdiction, law and
  procedure of the tribunal
• B - Equal Treatment to ensure and promote equal
  treatment for all involved in the tribunal.
• C - Communication - to ensure effective
  communication between tribunal chairmen, members
  and parties.

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Competence Framework

• D - Conduct of Hearing to ensure fair and
  timely disposal of hearings.
• E - Evidence to ensure that all relevant issues
  are addressed by eliciting and managing evidence.
  
• F - Decision Making to ensure effective
  deliberation, structured decision-making and
  disposal of the case.

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Competence Framework

• Competence development workshops
• Tribunals Committee working group
• Presidents workshop
• Council on Tribunals
• Further consultation with presidents
• Agreement of Tribunals Committee
• Agreement of the Judicial Studies Board

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Developmental strategy

• Model for future work
• Collaboration
• Commitment
• Trust

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Tribunal Courses

• Induction Tribunal Skills Development Course
• Focus on generic judgecraft skills, knowledge and
  attributes
• Sessions tied to headline competences
• Practical exercises, role-play and decision
  writing
• Facilitated by regular team of tutors all of whom
  have tribunal appointments.

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Tribunal Courses

• Continuation Tribunal Advanced Skills Course
• Opportunity for more experienced legal members to
  review, refine and further develop their skills
• More complex matters including a directions
  hearing
• Receive advice from High Court judge on the
  extent to which their draft decisions are appeal
  proof

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Framework of Standards for Training and
Development in Tribunals

• Second outcome from TNA
• Provides a structure for consistency in
  competence based training across the
  jurisdictions
• Same collaborative and consultative strategy as
  with the Competence Framework

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Training Standards

• Core standards
• Organisation, management, training policy with
  mechanism for design, delivery and review.
• Training cycle assessment of need aims and
  objectives designed around acquisition and
  maintenance of competences and evaluation.
• Specific elements of induction and continuation
  training.

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Appraisal

• Efficacy of competence based training tested by
  appraisal
• Tribunals wanted the guidance to fulfil a variety
  of objectives, including
• ensuring that members had acquired the
  competences necessary for their role
• providing training programmes informed by the
  identification of particular needs and
• identifying individual training and development
  needs.

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Appraisal

• Collaborative and consultative developmental
  process
• Fundamental Principles and Guidance
• Objectives of appraisal
• Responsibility for and scope of scheme
• Training for appraisers
• Appraisal criteria and outcome standards
• Process and administration
• Model Scheme

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Appraisal

• Model Appraisal scheme
• creates the opportunity for consistency of
  practice, procedure, standards, documentation and
  vocabulary
• facilitates maintenance of standards across
  jurisdictions and provides some commonality in
  preparation for the new tribunal world.

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Appraisal

• Appraisal scheme developmental workshops
• To provide understanding of appraisal,
  identifying possible barriers to appraisal and
  possible solutions
• To develop strategies for taking schemes forward
  in jurisdictions
• Appraiser training focussing on the generic
  skills.

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Mentoring

• Further outcome from TNA was recommendation for
  mentors to observe performance, provide support
  and offer advice and constructive feedback to new
  members.
• Mentoring Guidance
• Workshop for those wanting to develop and
  implement formal mentoring schemes.

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Training Handbook

• Training handbook
• to provide practical guidance on the different
  stages of the training cycle to support the
  Framework of Standards for Training and
  Development in Tribunals.
• Provides an overview of the training cycle
• identifying and diagnosing training needs
• setting aims and learning outcomes
• planning and designing training
• delivery of training
• evaluation

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Tribunals Journal

• First published 1994 to provide articles to help
  maintain high standards of adjudication, to
  address common concerns and share experiences
• Senior Presidents column
• Tribunal skills, training, case notes, profiles
• Themes e.g. reform Leggatt Report and White
  Paper
• Research

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Framework for the Induction of New Chairmen and
Members of Tribunals

• Designed to guide a jurisdiction in enabling new
  members to acquire necessary competences to
  undertake their role quickly and effectively
• Recognises the importance of familiarising the
  new member with the judicial environment, culture
  and needs of the particular jurisdiction.

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Induction Framework

• Initial orientation
• Observation
• Mentoring
• Self-managed learning
• Core introductory training
• Legal and jurisdictional
• Judicial skills
• Basic Training
• First Appraisal

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Evaluation

• As a result of
• the appointment of Senior President with
  responsibility for supervision of training for
  tribunals judiciary, in co-operation with the
  tribunal presidents and the Judicial Studies
  Board
• the creation of the new tribunals service with a
  desire to strive for common standards including
  training
• The JSB undertook to develop a framework for the
  evaluation of training, appraisal and mentoring
  in tribunals

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Evaluation of Training, Appraisal and Mentoring
in Tribunals

• Working group developed the framework which was
  subjected to scrutiny and advice from tribunal
  presidents
• It was tested through a pilot evaluation with a
  medium sized jurisdiction
• Approved by the JSB Tribunals Committee and
  agreed by the Senior President.

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Process of Evaluation

• Commentary completed by the tribunal addressing
  the extent to which it has achieved the core
  standards in the Framework of Standards for
  Training.
• Assessment of training, appraisal and mentoring
  schemes by evaluation team led by a Judicial
  Director and including an experienced member of
  the tribunal.
• Report to the tribunal president and to the
  Senior President on the extent to which the
  tribunal meets the standards.

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• Competence Framework 2002
• Framework of Standards for Training and
  Development 2003
• Principles, Guidance and Model Scheme for
  Appraisal 2003
• Guidance on Mentoring 2004
• Tribunals Training Handbook 2004
• Framework for Induction 2005
• Framework for Evaluation of Training 2006

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In conclusion . . .

• Original strategy of working together with the
  tribunal presidents and the Council on Tribunals
• No legislative coercion
• Common set of Standards and Frameworks
• Consistency for training, appraisal and mentoring
  of practice, procedure, standards, documentation
  and vocabulary for the new tribunals world.

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TRIBUNAL TRAINING

• QUIET EVOLUTION
• www.jsboard.co.uk