Justice in the Digital State

tags

Administrative Law

Notes

the field of public law is now heavy on insight and light on descriptive accounts of what is actually happening

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administrative justice policy and system design has remained largely in the grip of professional judgement

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administrative justice systems are, to some extent, artefacts of political beliefs

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While there is hope that online processes may increase access to justice for many, there is also concern that some may be digitally excluded

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worry that new online processes will not compensate adequately for reduced service provision in respect of traditional processes

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The court and tribunal reform programme has been developed in response to these budget cuts and austerity more broadly

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continuous online hearings

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DWP is gatekeeping the tribunals system and taking advantage of claimant fatigue

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MR decision notices often simply restate the same reasons

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‘rubber stamp’ exercise

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MR has the lowest satisfaction rating of any part of the DWP process

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much lower success rates for claimants in MR compared with tribunal appeals

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high success rates in tribunal appeals and their inconvenience to efficient administration both incurred costs and frustrated political ends

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concern that administrative reviews ‘are neither independent nor transparent

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use of internal review processes has routinely been criticised as ‘superficial’ and ‘ineffective’ by oversight bodies

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during a period in which the number of appeals has dropped, the amount of time taken to decide appeals has increased substantially

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vast difference in success rates between administrative review and tribunal appeals

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there is very little evidence on the impact of digital procedures in public justice systems

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Success rates between paper and oral appeals differ significantly, and online appeals could have similar consequences.

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at present, tribunals and their administration are paper-heavy

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process is designed around the hearing or determination

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appellants in jurisdictions such as SSCS and FtTIAC are able to effectively use such a platform

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Tribunals spend most of their time looking at evidence trying to establish facts. There is a widely held assumption that this task is best undertaken by hearing the evidence in person through an oral hearing

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‘assisted digital’ support programme is being developed to help those who need support to use online systems

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despite the reforms representing a major change to justice processes, there is expected to be comparatively little by way of substantive changes to the law

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One key trend in administrative justice design in UK central government is that it is increasingly influenced by ‘agile’ or ‘design-thinking’ approaches.

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Historically, government has been a place where major IT projects faced almost certain disaster

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design approaches ‘bake in’ certain types of political preference

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key choices ‘recede from the political as they become what “is” rather than what [democratic] politics has determined ought to be.’

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care must be taken not to too willingly emphasise values often preferred by users – such as convenience – over traditional concerns such as procedural fairness.

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agile testing is not public and focuses on narrow topics. It cannot therefore be seen as a proxy for deliberative, public debate or even traditional forms of public consultation

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