Member of the Tribunal Procedure Committee

We are looking for an outstanding individual for the post ofMember of the Tribunal Procedure Committee

Reference number: PAT150038

(please use the above reference in all correspondence)

Closing date for applications is noon on 29th November 2017

Applications should be submitted via: . Please quote the reference number above in your application and any other correspondence with us.

Alternative format versions of this candidate information pack are available on request from the Public Appointments Team.

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Table of Contents

1. A Message from the Chair…………………………………………..…………..………3

2. Making an Application……………….………………………………..…………..……..4

3. Diversity and Equality of Opportunity…...………………………………..…………….6

4. About the Tribunal Procedure Committee..……………………..…………………..…7

5. Role of Member of the Tribunal Procedure Committee……..……………...... ……...7

6. Eligibility Criteria and Person Specification ……………..……………...... …………..9

7. Conditions of Appointment…………………...... …………………………...... …...9

8. Complaints Process…………………………………………..……………………...…11

Appendix 1 (The Seven Principles of Public Life).……………………………...... ….13

Conflict of Interest and Previous Conduct……………………………………………….14

Request for Referees…………………………………………………………………...…15

Political Activity Declaration………………………………………..…………………...... 16

Consent to Receive Information on other Public Appointments Opportunities……...17

Equal Opportunity Monitoring Form………………………………………...... 18

1. A Message from the Chair

Dear Candidate,

Thank you for your interest in becoming a member of the Tribunal Procedure Committee (TPC).

You may already be aware about the important work of Tribunals in resolving disputes and handling appeals between citizens and the State. The TPC plays a vital part in this and the following pages will inform you on its purpose and nature of the role.

The TPC is an independent body, set up by Statute, with the function of making rules of procedure for all First-tier and Upper Tribunal, which is known as the Tribunal Procedure Rules. It has the responsibility to ensure the tribunal system provides justice by ensuring it is accessible, fair, quick, and efficient by making simply expressed rules.

In addition to making and amending the Tribunal Procedure Rules, the TPC needs to keep all nine major sets of rules under constant review to identify and address any practical difficulties in their operation. In doing so, it works closely with the judiciary and other key personnel, both in Government Departments and those representing tribunal users. Consultation is also a fundamental part of its rule-making process, as those involved in the day-to-day work of particular tribunals are often best placed to assess the potential impact of rule changes.

Finally, it also needs to keep abreast of, and consider, new appeal rights and consequential technical amendments, brought about by an anticipation of and response to legislative change.

The work is important and significant: justice is delivered through the rules which govern procedure. The membership of the TPC is high powered; current members are appointed by the Lord Chief Justice, the Lord Chancellor, the Lord President of Scotland, the Lord President of Scotland, and it is currently chaired by the nominee of the Senior President of Tribunals (SPT). The current post is one to which the Lord Chancellor holds the powers of appointment.

I do hope that this gives you a greater understanding of the TPC’s valuable work, and that you will consider applying for this important position.

If you have further questions about this post, you are welcome to speak to Vijay Parkash (020 3334 4471).If you have questions about the appointment process, you can contact the Public Appointments Team at: , or call Lauren Roberts on0203 334 4918.

I welcome applicants from the widest possible field. Above all we are seeking an individual with independence of mind combined with analytical skills and reforming zealIf you believe you have the experience and qualities we are seeking, I hope you consider applying for this important position.

Sincerely,

The Hon. Mr Justice Peter Roth

2. Making an Application

How to apply:

To apply, please send the following:

  1. Your Personal Statement

In your personal statement, you can tell us all about yourself and why you think you are an ideal candidate for this post.

It is important that you provide specific examples, relating to the criteria of activities in which you have completed a task or achieved a successful outcome.

Previous Advisory Assessment Panels have provided us with numerous observations regarding the quality and suitability of the evidence given by candidates. You may find these points helpful when you prepare your evidence for the application, of before interview:

  • The personal statement including headings relating to the individual essential criteria is easier to read and understand.
  • Referencing the roles that you have held, or qualifications, is not sufficient to prove you have the requirements for the role.
  • It is important that you providing specific examples, relating to the criteria, of activities in which you have completed a task or achieved a successful outcome.
  • Research the organisation and have an appreciation of how your abilities match the needs of the body.
  1. A copy of your CV (no more than two sides)

Please provide details of your current or most recent role, previous employment and explain any gaps in your employment history. If you are not currently in paid employment, then provide details of your voluntary or unpaid work. It is appreciated, however, that such activities may have given you relevant skills, including experience gained from committee work, collective decision making, resolving conflict and public speaking. If, therefore, you have had such experience and you consider it relevant to your application for this post, you should include it separately in the main body of your application.

You will need to include your full name, address and preferred daytime, evening and mobile telephone numbers, as well as a preferred e-mail address for contact about the vacancy. We will not use your contact details for anything other than managing your application.

  1. Supporting Documents-Please completed and return the following supporting documents:
  • potential conflicts of interest;
  • public appointments held;
  • the names and contacts details of two referees (who will be contacted if you are shortlisted for interview);
  • the political activity declaration form; and
  • the equal opportunities monitoring form;

You will find a check list on page 12 for your record.

You must complete the political activity declaration form in the supporting documents. This form will be kept separate from your application and will only be seen by the Advisory Assessment Panel prior to interview.

Please note that in line with the Governance Code on Public Appointments (9.2), the details of the successful candidate's declared political activity will be publicly disclosed.

Complete applications should be sent to:,and anacknowledgment will be returned.

Indicative Timetable

Closing date for the competition / noon on 29th November 2017
Assessment of applications / 5th December 2017
Interviews / 8th January 2018

The Advisory Assessment Panel for this competition is:

  • Richard Mason, Deputy Director of Administrative Justice, MoJ, section panel chair;
  • Mr Justice Peter Roth, Chair of the Tribunal Procedure Committee;
  • Rachel Tranter, Independent Panel Member

Appointment Process

After the closing date, the Advisory Assessment Panel will meetto select for interview only the strongest applicants, whom it feels have demonstrated that they best meet the criteria set out in the person specification.

If you have been successful and have been invited for interview, you will receive an invitation letter. If your application is unsuccessful you will be contacted by e-mail by the Public Appointments Team.

If you accept an invitation to interview, we may take two references in advance of the interview.

The Secretary of State or another Minister may ask to meet each of the candidates (before or after interview).

Please note that travel expenses will not be payable for attending interviews. Where a candidate is unable to attend an interview on the set date then an alternative date may be offered at the discretion of the Advisory Assessment Panel.

At the interview, the Advisory Assessment Panel will explore with you your experience and expertise to determine whether you meet the essential criteria. You may be asked to start the interview with a short presentation. This will be confirmed in your invitation letter.

If, in the view of the selection Panel you have the skills for the post and are appointable, your name will be amongst those recommended to Ministers who will decide on the appointment. If you are unsuccessful, you will be notified by e-mail.

  1. Diversity and Equality of Opportunity

Diversity of opportunity is something the Ministry of Justice cares passionately about.

We encourage applications from all candidates regardless of ethnicity, religion or belief, gender, sexual orientation, age, disability or gender identity. We particularly welcome applications from women, those with a disability and those from a black or ethnic minority background.

We would also particularly welcome applications from those currently working in, or with experience of, the private sector, and those who have not previously held public appointments. We want to explore the widest possible pool of talent for these important positions.

Equal Opportunities Monitoring Form

The information you provide on the form is for monitoring purposes only and is not part of the assessment process. By collecting and analysing the data of those applying and obtaining an appointmentyou will be helping us improve our diversity strategyto meet our public sector equality duty under section 149 of the Equality Act 2010.

Your form will be treated in confidenceand anonymised with data from other applicants to help compile the Annual Statistical Bulletin of the Commissioner for Public Appointments. It will be kept separate from your application and will not be seen by the Advisory Assessment Panel.

Arrangements for Candidates with a Disability

Guaranteed Interview Scheme

There is a guaranteed interview scheme (GIS) for candidates with disabilities who meet the minimum selection criteria.If there are any reasonable adjustments or arrangements we can make if you are invited to interview or on appointment please contact the Public Appointment Team at .

The MoJ is disability confident employer,furtherinformation can found on gov.uk website here:

Adjustments

If you have a disability and require adjustments to help you if you are called to attend an interview, please contact:

  • Lauren Robertsin the Public Appointments Team (by or on 0203 334 4918) to discuss further. Please quote the campaign reference number in any correspondence (PAT150038)
  • To discuss any adjustments that you may require if appointed, please contact:

Vijay Parkash at the TPC (by email or on 020 3334 4471). Please quote the reference number in any correspondence (PAT150038).

Location

The role is currently based in London however some travel may be required.

  1. About the Tribunal Procedure Committee

The Tribunal Procedure Committee (TPC) was established on 19 May 2008 under the Tribunals, Courts and Enforcement Act 2007 (TCEA) and its purpose is to make rules governing the practice and procedure for the First-tier and Upper Tribunals.

The TCEA requires the Lord Chancellor appointed members to be persons with “experience of practice in tribunals or experience of advising persons involved in tribunal proceedings”. Other members of the TPC are judiciary from each of the tribunals; a tribunal member; and a person with experience in, and knowledge of, the Scottish Legal system. The Lord Chancellor appointments are therefore key to ensuring that the Tribunal Procedure Rules are made with a user focus.

The TPC has a large remit and differs from other rule committees sponsored by the Ministry of Justice (MoJ) in that it is responsible for nine sets of Tribunal Procedure Rules covering eleven very diverse Chambers in the First-tier and Upper Tribunals. These Chambers cover a wide variety of jurisdictions and appeals such as immigration, war pensions, tax, social security, mental health and transport. Members are therefore expected to have sufficient knowledge and understanding of the tribunals in operation to address the variety of subject matter.

When developing new rules the TPC is guided by the following principles: to make the rules as simple and streamlined as possible; to avoid unnecessary technical language; to enable tribunals to continue to operate tried and tested procedures which have been shown to work well; and to adopt common rules across tribunals wherever possible so that rules specific to a chamber or tribunal are permitted only where there is clear and demonstrable need for them.

  1. Role of Committee Member of the Tribunal Procedure Committee

Role of Committee Member

Members will be expected to play an active role on the Tribunal Procedure Committee and to:

  • Attend and take an active role in Committee meetings; members will be expected to commit to attending approximately nine committee meetings per year, lasting three to four hours, however, the frequency of meetings can vary according to the need to accommodate the priorities of the work coming in before the Committee;
  • Members are usually asked to participate in two standing sub-groups. Meeting frequently, and associated work for these will depend on upcoming work requirements and will be expected to read and consider papers outside meetings;
  • Keep abreast of paperwork and issues relating to the work of the Committee;
  • Chair and/or attend sub-committee meetings or meetings with stakeholders;
  • Contribute to any reports or documents produced on behalf of the Committee, as required;
  • To play an active role on the Tribunal Procedure Committee, that makes rules governing the practice and procedure in the First-tier and Upper Tribunals.

Members of the Committee have collective responsibility for the operation of the body and must:

  • Where practicable and appropriate, hold at least one meeting a year in public;
  • Respond appropriately to complaints if necessary with reference to the Ministry of Justice;
  • Ensure that the Committee does not exceed its powers or functions.

Communications between the Committee and the Lord Chancellor will generally be through the Chair. Nevertheless, any Committee member has the right of access to Ministers on any matter that he or she believes raises important issues relating to his or her duties as a Committee member. In such cases the agreement of the rest of the Committee should normally be sought.

Remuneration, Allowances and Abatement

  • Members will be expected to commit to attending approximately nine Committee meetings per year, lasting 3 – 4 hours and will be expected to read and consider papersoutside meetings. Meeting frequencies can vary to accommodate the priorities of the work coming before the Committee.
  • The post is unremunerated, but reasonable standard travel and out-of-pocket expenses will be payable.
  • The post is not pensionable

Appointment and Tenure of Office

  • The appointment will be made by the Lord Chancellor.
  • The appointment will be for an initial period of up to 3 years with the possibility of re-appointment for a further term, at the discretion of Ministers. Any re-appointment is subject to satisfactory annual appraisals of performance during the first term in the post. If re-appointed, the total time served in post will not exceed 10 years.
  • It will be important that a member’s other commitments do not cast any doubt on their ability to act independently and impartially in discharging the role; any potential conflict of interest must be declared.

Performance Appraisal

Performance will be assessed annually and any re-appointment is subject to satisfactory annual appraisals of performance during the first term in the post., which will be carried out by the Chair of the TPC.

  1. Eligibility Criteria and Person Specification

Eligibility

Anyone in the categories listed below will not be considered for appointment on the TPC:

  • Employed in the civil service of the state;
  • There must be no employment restrictions, or limit on your permitted stay in the UK.

Essential Criteria

  • Experience of practice in tribunals, or advising persons involved in tribunal proceedings;
  • Demonstrable ability to analyse and debate complex issues;
  • Demonstrable ability to contribute to, and influence, Committee meetings;
  • Demonstrable ability to manage time;
  • Effective interpersonal and communications skills including a demonstrable ability to engage with stakeholders;
  • An understanding of diversity issues.

Security Clearance

Confirmation of appointment will be subject to basic clearance checks, covering confirmation of identity and right to work in the UK plus a criminal record check. This will involve completion of several paper and electronic forms and can take up to five weeks to process following completion of the forms.

The post requires Security Clearance (SC) level and you will be asked to complete an online vetting form, which can take a further seven weeks to complete the process.

If you are called for interview and already hold current SC clearance, please provide evidence when you attend for interview.

Your Personal Information

We will process your application in accordance with the Data Protection Act 1998 and the Ministry of Justice’s Information Charter, which can be found at

7. Condition of Appointment

Standards in Public Life, Conflicts of Interests and Political Activity

Standards in Public Life

Candidates must also confirm that they understand and uphold the standards of conduct required of public appointees outlined in the “Seven Principles of Public Life” drawn up by the Committee on Standards in Public Life (see Appendix 1).

Public bodies are expected to maintain a register of members’ interests to avoid any danger of a memberbeing influenced - or appearing to be influenced – by their private interests in the exercise of their public duties. Candidates invited to interview will be questioned about any real or perceived conflicts of interest.These do not constitute an automatic bar to appointment, but they must be manageable.

Conflict of Interests

All candidates must declare potential conflicts of interest in their application. All potential conflicts of interest and how they might be managed will be discussed with an individual at interview. A potential conflict should not preclude a candidate from being shortlisted/appointed provided that appropriate arrangements are made.