Justice written question – answered at on 12 October 2011.
To ask the Secretary of State for Justice
(1) in how many cases on appeal dealt with by the Tribunals Service decisions were overturned in the latest period for which figures are available;
(2) what the average length of time was for which a person waited to have their case heard by the Tribunals Service in the latest period for which figures are available; and how many people waited longer than (a) six months and (b) 12 months;
(3) how many cases were waiting to be heard by the Tribunals Service on the most recent date for which figures are available.
In April 2011, Her Majesty's Courts and Tribunals Service (HMCTS) was created, bringing together Courts and Tribunals into one organisation.
There are, including the Upper Tribunal Chambers, 35 Tribunal jurisdictions within HMCTS. The information requested for all Tribunals could be provided only at disproportionate cost. The three largest jurisdictions within HMCTS—social security and child support, immigration and asylum and employment tribunals—accounted for 93% of receipts for the business year 2010-11. Information has, therefore, been provided for these jurisdictions.
(1) The following table shows the number of cases (or jurisdictional complaints for employment tribunals) found in favour of the appellant for the full year,
Number of successful cases: 1 April 2010 to 31 March 2011 and for 1 April to 30 June 2011 | ||
Tribunal | 1 April 2010 to 31 March 2011 | 1 April 2011 to 30 June 2011 |
Social security and child support | 96,000 (35%) | 28,900 (35%) |
Employment tribunals | (1)28,100 (12%) | 6,000 (11%) |
Immigration and asylum | (2)62,800 (41%) | 13,000 (39%) |
(1) This is the number of employment tribunal jurisdictional claims that were disposed of and found to be successful (in favour of the claimant) at a tribunal and excludes settlements. A claim can contain a number of grounds, known as jurisdictional complaints. In any hearing, the tribunal has to decide upon the merits of the claim made under each jurisdiction. (2) Based on decisions at hearing and on the papers. |
Employment tribunals determine disputes between employers and employees over employment rights. As party v. party tribunals, employment tribunals differ from all other administrative tribunals.
HMCTS publishes statistical information (the latest to
http://www.justice.gov.uk/publications/statistics-and-data/tribunals/quarterly.htm
In addition, details of the social security and child support tribunal's performance is also published monthly, most recently to
(2) It has not been possible to collate the average waiting for employment tribunals and immigration and asylum cases within the time frame required for this answer. However, I will write to the hon. Member to provide the information once it has been collated.
The average waiting time for the social security and child support (SSCS) tribunal measures the time from the receipt of the appeal in the tribunal to the time that its disposal. In August 2011, the average clearance time from receipt to disposal for all SSCS benefits combined was 24.4 weeks.
The following table shows the percentage of cases disposed of in April to June 2011, aged more than six months and more than 12 months old(1).
(1) This data reflects the age of the case at the time that it was disposed—the best data we have at this time to reflect “waiting” times.
Percentage of cases aged more than six months and 12 months | ||
Tribunal | Percentage of cases disposed of aged more than six months old | Percentage of cases disposed of aged more than 12 months old |
Social security and child support | 40 | 5 |
Employment tribunals: | 58 | 38 |
singles | 35 | 14 |
multiples | 83 | 65 |
Immigration and asylum | 17 | 1 |
The measures cannot be directly compared between one tribunal and another because of different processes.
(3) Information is not collected on the number of cases waiting to be heard. The following table shows the caseload outstanding at
Caseload outstanding 30 June | |
Tribunal | Caseload outstanding at 30 June 2011 |
Social security and child support | 179,700 |
Employment tribunals | 503,100 |
Immigration and asylum | 34,500 |
Approximately three-fifths of the outstanding employment tribunal caseload related to 'multiple' claims (collections of two or more of these cases are grouped and managed together). They are often legally and factually complex and at any point in time is it common for such cases to be 'stayed', meaning that they are not ready to have a final hearing at that time for some reason; for example due to awaiting the decision of an appellate court on case management or other interim matters.
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