Tribunal delays, especially in immigration and social security cases, severely impact claimants
Delays in the administrative justice system are having a “profound and often compounding” impact on claimants, with increased waiting times exacerbating stress, anxiety, and financial hardship, a new report has warned. The report from the Administrative Justice Council (AJC), which advises the government and judiciary on administrative justice, outlines the significant impact delays are having on users, particularly those facing disadvantages.
Government figures released for the first quarter of 2025 showed that the tribunal system as a whole had a caseload of 745,000, up 14% from the previous year. The First-tier Tribunal Immigration and Asylum Chamber (IAC) is particularly affected, with the average time to dispose of a case rising to 50 weeks in the last quarter of 2024-25, an increase of seven weeks compared to the same period the previous year.
The report found that the delays were not just frustrating but were having a “profound and often compounding effect” on claimants, particularly when they are already vulnerable. Respondents to the AJC’s call for evidence highlighted that the long waiting times in tribunals such as the IAC, social security and child support, and special educational needs and disability tribunals were aggravating stress, anxiety, and financial strain.
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In some cases, this led to deteriorating mental health, with some claimants disengaging from the process altogether. The AJC stressed that these delays were not just a procedural issue but one that exacerbated the disadvantages faced by many appellants, creating a vicious cycle. The cost of legal advice rises as demand for legal aid increases, with poor initial decision-making often leading to more complex and costly legal processes.
The report argues that the most effective and cost-efficient way to address these challenges is by improving the quality of initial decision-making by public bodies. By reducing the need for challenges, the system could avoid the delays that arise from incorrect or potentially incorrect decisions made by government departments or local authorities.
To tackle this, the AJC recommends the creation of a public services ombudsman for England, which would aim to address inefficiencies and improve public trust in the system. The report also calls for legal advice services to be embedded in community settings and for the Ministry of Justice to increase funding for the advice sector, particularly for those unable to access digital services.
Lord Justice Dingemans, Senior President of Tribunals and chair of the AJC, commented on the findings, noting that “the barriers identified underscore the need for organisations across the system to work together to ensure it is truly effective.” He stressed that improving public understanding of how and where to seek redress, along with ensuring resources are in place to assist claimants, is essential to uphold the rule of law.