Report finds poor public body decision-making is driving avoidable disputes and tribunal strain
Poor decision-making by public bodies is creating avoidable disputes that place increasing pressure on tribunals, charities and public services, according to a new expert report on administrative justice. Hundreds of thousands of people use tribunals each year to challenge decisions related to special educational needs, disability, benefits, immigration, asylum, healthcare and housing.
A working group of the Administrative Justice Council examined the issue over three years and concluded that many disputes could be prevented if initial decision-making standards were improved. The group was chaired by tribunal judge and former Law Society president Lucy Scott-Moncrieff. The report states that improving first-stage decision-making would be the most efficient and cost-effective way of reducing barriers to justice and limiting the need for appeals.
According to the working group, poor initial decisions can significantly increase the cost of legal advice and services due to greater demand for legal aid and a rise in challenges to decisions. This leads to a cycle where inadequate early decisions result in more complex and expensive legal proceedings.
The group heard evidence from legal advisers, including one who suggested that the Home Office should face consequences for contributing to delays by issuing flawed decisions. They said that the system is stacked in favour of the Home Office and that vulnerable appellants face considerable disadvantage, particularly without representation. Even those with legal support can struggle.
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The report also highlights repeated missed opportunities by the Department for Work and Pensions to correct decisions that are later overturned by tribunals. The authors recommend better training, clearer processes and improved communication to reduce unnecessary challenges and lower costs. They also call for a mechanism that allows tribunals to give structured feedback to decision makers to identify systemic failings that cause avoidable harm and place added strain on services.
Elsewhere, the report raises concerns about tribunal and ombudsman procedures, which it describes as opaque, intimidating and complex. Many individuals do not recognise their problems as legal matters, are unaware of their rights or do not know how to begin the process of seeking redress. These issues are especially difficult for people experiencing multiple and related problems.
The report warns that the system is often unfair to those who struggle to use it effectively. Accessing legal advice is challenging due to fragmented services and insufficient legal aid funding. Vulnerable individuals, including those with disabilities, health conditions or limited English language skills, face further obstacles.
The report comes at a time when the justice system is experiencing severe delays. Government data for the first quarter of 2025 shows an 11 percent increase in tribunal cases received compared with the previous year, while the number of cases resolved fell by 9 percent. In some jurisdictions, the wait for resolution has reached 50 weeks.
Among its 11 recommendations, the report calls for increased funding for the advice sector, clearer guidance on tribunal and ombudsman processes, better coordination between services and more legal support embedded in community locations. It also urges claimants and respondents to work collaboratively to minimise delays and ensure that cases are properly prepared for the first hearing.
Speaking at the launch of the report, Lord Justice Dingemans, senior president of tribunals and chair of the Administrative Justice Council, said the recommendations are intended to aid everyone involved in the system. He expressed hope that those with the ability to act will consider them carefully.
A Ministry of Justice spokesperson said the government is investing in the recruitment of up to 1,000 judges and tribunal members and providing an additional £20 million a year for immigration and housing legal aid.