What attracted you to working in a judicial post?
I am a full-time self-employed barrister and I was appointed as Legal Chair of the Care Tribunal in September 2020. I was interested in a part-time judicial post as I wished to experience the legal system from a different perspective and this particular role was of interest to me.
Was the role in the Care Tribunal what you imagined it would be?
I have found it to be both challenging and rewarding, this was a new and interesting area of law for me. The Care Tribunal deals with a diverse range of appeals from decisions of the regulatory bodies of different fields within social care. The scope of the appeals also differ, some are de novo hearings and some are limited by statute. This keeps the work interesting and varied. The appeals deal with serious issues, balancing the right of a person to work in their chosen occupation against the need to protect the vulnerable and ensure public confidence in this sector.
The role has required me to decide significant, legally complex and at times, high profile cases. It has also given me the opportunity to work alongside lay panel members who bring their own expertise and knowledge from working in the caring sector. As Legal Chair, I ensure that I keep up to date with the relevant statutory provisions and case law in order to advise the Tribunal on these matters of law and guide them through the intricacies of the decision -making process. I also am required to preside over the hearing, ensuring the participation of all parties. Often Appellants are not legally represented before the Tribunal and care is needed to ensure their right to a fair hearing is safeguarded. It is also my role to draft the decision of the Tribunal, which can be time consuming and challenging, given the complexities and delicate balancing exercise that is required.
What does your working day look like?
Each day is different. Some decisions are made by the Legal Chair sitting alone at a Preliminary Directions Hearing or are based on the papers, which I can do from home. Hearings, either Preliminary Directions Hearings or full Appeal Hearings, are heard in the Tribunal Hearing Centre in the Royal Courts of Justice. Once an appeal has been lodged, I receive the papers, identify any legal issues and schedule a Preliminary Directions Hearing, if needed. I sit alone for these hearings, at which the parties are represented or present, and I issue case management directions and decide any interlocutory applications, for example making discovery orders, witness summons or orders restricting publication. Directions Hearings usually do not take more than 30 minutes. In advance of the Appeal Hearing, two lay panel members are allocated to the appeal and sent the Appeal Bundle. Sometimes we will have a pre-hearing meeting to discuss any legal issues arising. Appeal hearings are scheduled to begin at 10:30am on the day of hearing and can last from one to several days. We do not issue the decision at the conclusion of the evidence but meet to discuss and reach our decision on a subsequent day. I then draft the decision, which can take anywhere between one and several days, depending on the complexities of the issues, the evidence and length of the hearing.
As well as the judicial function, I am at times required to carry out various judicial management activities, such as overseeing the training and appraisal of lay members, involvement with judicial complaints processes, and liaison with the NICTS management and the Department of Justice on policy, legislative, and administrative matters affecting the Care Tribunal.
What is the hardest part of your job?
One of the more challenging aspects is in dealing with the diversity of those appearing before the Care Tribunal, in particular personal litigants. Often they will be faced with professional representatives up to and including King’s Counsel and are required to understand, formulate and communicate arguments on what are complex and legally involved issues. It is a challenge to ensure that these self- litigants are enabled to participate fully in the proceedings, whilst also ensuring that the appeal is determined efficiently.
Is the role of Chairman of the Care Tribunal conducive to a good work/life balance?
The role allows flexibility as the Legal Chair is responsible for the case management of their own allocated appeals. The number of sitting days required can be lower than some other tribunals. This provides freedom in terms of managing my own diary and balancing the commitments of the Care Tribunal alongside my other commitments, which include my full-time job as a barrister and a young family.
Finally, what part of your job gives you the most satisfaction?
I have found this role even more rewarding than I had anticipated as it has provided me with the opportunity to play a crucial role in the safeguarding and protection of vulnerable groups in society. It is challenging and rewarding in equal measure and I have enjoyed the variety of the work.
Further information on the work of the Care Tribunal can be accessed online at www.courtsni.gov.uk/en-GB/Tribunals/CareTribunal