Welsh Government launches White Paper consultation on a new tribunal system for Wales

Views sought on proposals for a new, unified First-tier Tribunal for Wales with onward rights of appeal to a new Appeal Tribunal for Wales

The Welsh Government has launched a White Paper consultation on a new tribunal system for Wales.

Further to the Law Commission's 2021 report that recommended a move towards the unification of the Welsh tribunals – that include the Residential Property Tribunal that resolves disputes relating to private rented and leasehold property, and the Valuation Tribunal that determines appeals against council tax and non-domestic rating decisions – the Welsh Government said yesterday –

‘We are consulting on proposals to reform devolved tribunals in Wales. Our goal is to create a unified and coherent tribunal system that will better meet the present needs of tribunal justice in Wales. It will also be adaptable to meet the future needs in Wales.’

Among the main proposals for the new system are to introduce –

• a statutory framework for a single, unified tribunal system comprising a new First-tier Tribunal for Wales with clear and consistent onward rights of appeal to a new Appeal Tribunal for Wales;
• statutory duties to uphold the independence of the new tribunal system with greater structural independence for the way in which it is administered, through a new body, Tribiwnlysoedd Cymru / Tribunals Wales;
• judicial leadership and supervision by the President of Welsh Tribunals and Chamber presidents and deputies;
• clear and efficient processes for setting procedural rules for the new tribunal system; and
• consistent arrangements for appointing tribunal members including clear processes for dealing with cross-deployment and complaints.

Responses to the consultation need to be submitted by 2 October 2023.

Setting out the government’s wider aims for the reforms in a written statement on the White Paper, Counsel General and Minister for the Constitution Mick Antoniw said –

'The White Paper sets out a suite of proposals to create a unified tribunal structure that is flexible by design and capable of absorbing new jurisdictions with relatively little disruption. The new tribunal system will not only better meet the present needs of tribunal justice but will also be adaptable to meet the future needs of Wales going forward…

Our objective in implementing reform is twofold. First, to create a modern tribunal system for Wales focused on access to justice and the needs of tribunal users who can be confident the system operates with independence and in a way that adjudicates on their disputes justly, efficiently, and expeditiously. Second, to lay the foundation for a future where justice is devolved, and Wales administers its own wider system of courts and tribunals.'

For more information, see A new tribunal system for Wales: white paper from gov.wales