Introduction

The implementation of which, human rights and the rule of law guarantees that there will be a just and
democratic society. In the UK various mechanisms are in place for ensuring these precepts including the
use of alternate administrative law tools like Tribunals and Public Inquiries. Thus using these alternative
grievance mechanisms is the key one in promoting the accountability, transparency and the justice in
actions and decisions of the public authorities 1.

The Tribunals are a specialised court where individuals can contest decisions made by the governmental
institutions; the Public Inquiries, on the other hand, are complete and permanent investigations of the
matters of national concern. These mechanisms act at the same time as each other in restraining the use of
executive power. Furthermore, they hold the authorities entrusted with power accountable for their
actions and ensure that they conform to the laws, statutes, and human rights conventions.

The second part will scrutinize the two means by which the UK can control its own judicial system in
order to support the principles of rule of law and human rights. It will look into the ways these building
blocks affect the exercise of the basic principles and the implementing practices’ design, drawing on their
strengths and weaknesses, and identifying their repercussions on the shaping of administrative law and
policy formulation.

By means of the review of prevailing legal authorities, leading cases and instances of the inquiries the
essay hopes to grasp the main points of role Tribunals and Public Inquiries play in the UK's
administrative justice system. The report will also examine certain issues like the reforms that can make
these systems more effective and cheap so that they can help in carrying out duties in a manner that every
individual in the UK may enjoy protection of the rule of law and their rights 2.

The above mentioned purpose of this exploration is that it helps us to understand the importance of
tribunals and public inquiries as these form the most important pillar of the UK legal framework,

1
Robin Creyke, Tribunals in the Common Law World (Federation Press 2008)
<https://books.google.com/books?
hl=en&lr=&id=Opvn1CiM7zwC&oi=fnd&pg=PR9&dq=tribunals+UK+LAW&ots=4JjJt7MGiz
&sig=0TCR5IehP5N_vaFcfYLmvh2mdwI> accessed 23 April 2024.

2
Gavin DREWRY, ‘The Judicialisation of “Administrative” Tribunals in the Uk: From Hewart
to Leggatt’ (2009) 5 Transylvanian Review of Administrative Sciences 45
<https://www.rtsa.ro/tras/index.php/tras/article/view/27>.
consequently contributing to the support for democratic values, a spirit of accountability, and respect for
human rights.

Tribunals
Specialised bodies that are called a tribunals form part of the administrative justice system in UK which is
a specialised system that facilitate the resolution of some types of disputes as an alternative to litigation
involving matters between individuals and public authorities. Different from the regular courts, tribunals
offer the necessary alternatives to the judicial process, which in most cases presents huddles with
accessibility, flexibility and the informal nature of the forum failing to address the specific nature of law
such as employment, immigration, social security and housing.

Structure and Composition

Tribunals in the UK are composed of territorial jurisdictions which oversee different branches of the
legislation. For example, the Upper Tribunal is problem-solving adjudicatory body for the majority of the
cases, whereas the Upper Tribunal hears complex appeals and judicial reviews of decisions from the
adjudicatory body of the first tier. We also have tribunals which are specific such as the Employment
tribunal and the Immigration and Asylum tribunal each with their structure and guidelines to handle their
issues (Tribunals, Courts, and Enforcement Act 2007)3.

the structure of a tribunal would comprise of qualified legal personalities together with "lay members"
that have relevant experience or knowledge in the law sector or legal field. The synergy of strengths
possessed by both the legal officials and experts outside the law ensures that tribunals have the measure to
deal with the challenges and the complexities that the cases presented pose, offering a fair decision
making process that is informed and balanced4.

Protection of Rule of Law

Public inquiries are not any less useful in contributing towards maintaining the principle of fair
governance whereby a transparent, impartial and rigorous probing is carried out for issues which call for
matters of great public interest. They function as the feedback systems accountability, since they put a
burden on the public bodies and the officials to answer for their actions and the decisions that they make.

Given that, at times, the investigation can be initiated in response to events, issues, or accusations that call
into question the governments conduct, ethicality, or the competency of the public bodies. These bodies
of investigation have power to order witnesses to give proof and have documents, which is very

3
E Ireton, ‘How Public Is a Public Inquiry?’ [2018] Public Law 277
<https://irep.ntu.ac.uk/id/eprint/32144/> accessed 6 April 2023.

4
Nathan Critch, ‘Britain’s “Favoured Response” to Crises: A Critical Review of Existing
Literature on Public Inquiries’ [2023] British Politics.
important, also, in addition to holding public hearings hence a thorough analysis of the situation(Callery v
Gray [2001] EWCA Civ 1117, [2001] 1 WLR 2112 [42]).

The outcome of public committee hearings with its conclusions and recommendations along with the
political regulations, administration, and possible politics of justice can be very implicating. For instance,
the egregious guilty verdicts in the case of the Hillsborough disaster that led to the formation of the
Hillsborough Independent Panel Inquiry, which, in turn, uncovered the systemic failures and exposed
miscarriages of justice, was instrumental in securing a public apology, reversal of the suboptimal outcome
of coroner's officers' investigation, and major changes in the way the system operates to enhance

Also, the Grenfell Tower Inquiry has witnessed bright security regulations, building techniques as well as
public bodies liabilities being responsible for a number of subsequent recommendations for reforms in
order to avert wings such instances ever occurring. These inquiries, in this way, put into focus the
significant function that public engaging plays in unraveling the concerns such as malfunctions in the
system and promoting meaningful changes that will end up strengthening public rights, accountability,
and rule of law5.

Protection of Human Rights:

From the perspective of a human rights advocate, public inquiries provide a critial avenue for
safeguarding human rights by analyzing reports of human rights violations, systemic breakdowns or
institutional abuses that have affected the human rights of individuals. They give the opportunity of the
victims, survivors and their families who had gone through such a situation to get the feel of being heard,
share stories and demand justice where these grievances have been violated.

Inquiries frequently involves deep interactions with representatives of affected individuals and groups,
which, in turn, makes it possible to reach a much better level of comprehension of human dimension of
problem under investigation. Such can result in a more compassionate and, hence, a victim-focused type
of justice. By that, we mean that, those, who are affected on emotional, psychological, and physical
levels, will not go unnoticed(Bunt v Tilley [2006] EWHC 407 (QB), [2006] 3 All ER 336 [1]–[37]).

Additionally, public inquiries find the mandate to scrutinize the conformity of the given and its related
decisions to the binding human right regulations both at the domestic and international levels. They are
able to conclude reports that demonstrate the necessity for renovation of norms and principles of human
rights to be followed which then leads to achieving the noble missions in the United Kingdom 6.

5
Grainne McKeever, ‘Comparing Courts and Tribunals through the Lens of Legal Participation’
(2020) 39 Civil Justice Quarterly 217 <https://pure.ulster.ac.uk/en/publications/comparing-
courts-and-tribunals-through-the-lens-of-legal-particip>.

6
Grainne McKeever, ‘Comparing Courts and Tribunals through the Lens of Legal Participation’
(2020) 39 Civil Justice Quarterly 217 <https://pure.ulster.ac.uk/en/publications/comparing-
courts-and-tribunals-through-the-lens-of-legal-particip>.
Apart from this, public inquiries are also tasked with the responsibility of putting in check whether there
is any conformity between the laws in effect and the applicable standard of human rights both locally and
at the international level. They consist of the creation of the reports which help to justify any kind of
renovation and changes in the so-called human rights norms and principles as those lead to accomplishing
the noble goals in the United Kingdom7.

Concretely, researching historic affairs of child abuse scandals e.g., Independent Inquiry into Child
Sexual Abuse (IICSA) offered victims a voice and opportunity to shed light on systemic mistakes that
called for reformation in current protect children's policies and practice. This case study shows that it is
the public inquiries which, ultimately, result in human rights violations investigation, hold those involved
accountable, and make necessary corrections aimed to avoid reoccurrence of the same thing in future.

Challenges and Reforms

Although tribunals are highly relevant, they suffer from some shortcoming such as, delays, the
insufficiency of resources and procedural complexities, all of which can have putbacks on access to
justice and the effectiveness of the system, as a whole. In recent years, there have been calls for reforms
to enhance the efficiency, transparency, and accessibility of tribunals, including simplifying procedures,
increasing funding, and improving training for members (Civil Justice Council, 'The Role of Judges in
Tribunals: The topic of our investigation is "The Role of Empirical Evidence in the Study of Human
Behavior: A Case Study" ('The importance of empirical evidence for studying human behavior: a case
study', in 2017)8.

The Tribunals, Courts and Enforcement Act 2007 brought in profound changes that were geared towards
modifying the tribunal system through the establishment of single unified tribunal structure, easy methods
of procedure, and promotion of alternative mechanisms for the settlement of disputes. This reform
process acknowledges that the tribunals are constantly undergoing scrutiny and sought to respond to the
problems complex and flexible mechanisms that can fulfill the much needed justice.

Public Inquiries
The public inquiry is a formal investigation which is headed by independent persons or investigative
committee appointed to seek into matters of importance, which cause disconcertion to the public. These
pipelines offer a key vehicle in which we hold public bodies and officials responsible for how they
operate, dissect their conduct and find out the deficiency in the system. The hearings are typified with
7
Philip Sales, ‘Accountability of Government via Public Inquiries’ (2004) 9 Judicial Review
173.

8
Gavin DREWRY, ‘The Judicialisation of “Administrative” Tribunals in the Uk: From Hewart
to Leggatt’ (2009) 5 Transylvanian Review of Administrative Sciences 45
<https://www.rtsa.ro/tras/index.php/tras/article/view/27>.
their outspoken, clear communication and pursuit of the truth often culminating into established facts and
recommendations involving reforms.

Protection of Rule of Law:

Investigations worldwide serve the purpose of essentially doing justice by enforcing the rule of law
through an independent, transparent, and impartial mechanism for examining the issues which is
complicated, reexamining the conduct of public bodies, and people being accountable for their actions.

Transparency and Accountability

Openness, that is transparency, stands among the most important principles of public investigations,
helping to make the processes and procedures that follow public inquiries accessible to the general public
and thereby, transparent and subject to oversight. Investigations take place in the public eye and the
investigators publish the proofs and conclusions in order to make the process more transparent and to
foster trust on the part of the public. Such openness then makes it possible for people, the victims and the
affected stakeholders, the media and other people to follow the progress of the inquiry, be informed on
about the outcomes as well as make their contributions in the deliberations, thereby making the respect of
the rule of law a serious priority 9.

Discussing Compelling Evidence and Providing Access to Required Documents

Public inquiries can summon witnesses to testify and do so under swearing or affirmation of truth,
therefore assuring that all desired information and all varying views are rectified. Such investigatory
powers allow access to the record systems of public bodies and individuals owned documents or record
that are meant for the investigations facilitating a thorough and comprehensive investigation. The
commissions would read the documents, conduct witness hearings and consider expert evidence to
determine the systemic failures or weaknesses and thereafter forward these for necessary
recommendations for corrective action10.

Hillsborough and Grenfell Inquiries

The Hillsborough Independent Panel Inquiry and Grenfell Tower Inquiry illustrated the sort of
transformative effect public inquiries can have on policy development, governance, and accountability,

9
Adam Burgess, ‘The Changing Character of Public Inquiries in the (Risk) Regulatory State’
(2011) 6 British Politics 3 <https://link.springer.com/article/10.1057/bp.2010.15> accessed 12
October 2019.

10
Michael Adler and Jackie Gulland, ‘Tribunal Users’ Experiences, Perceptions and
Expectations: A Literature Review’ (2003) <https://citeseerx.ist.psu.edu/document?
repid=rep1&type=pdf&doi=2c1bd0f7a56c73eef4de3ce5a243ce306ad488ab>.
which they are the epitomes. Such investigations uncovered a wide range of issues related to system
faults, lack of professional culture, and improper due processes. It changed policing, emergency services,
fire safety regulations, and how public administration works.

The Hillsborough Disaster Review set in motion a chain of events that included the reversing of inquest
verdicts, public apology, and implementation of reforms in policing and emergency response
procedures. Grenfell inquiry has exposed to the urgency of the matters of fire safety, building regulations
and the role of public bodies that have led to the suggestions of new reforms to prevent such casualties
and improve the safety and responsibility of people involved in these sorts of claims 11.

Protection of Human Rights:

Public hearings help protecting human rights by investigating abuse claims, systemic bugs and agencies
misconduct among others that may have impinged the individual rights. In addition to serving as a means
for victims, survivors, and families of the victims to recount their happenings, demonstrate the breaches
in their rights and ask for justice, these platforms are undoubtedly a significant asset.

Victim-Centred Approach

Often,inquiries may require unparalleled participation among those impacted and the communities
concerned, conveniently facilitating a grasp of the human effects behind the problem under scrutiny as
well. The undervalue of not only victims but also defendants can be challenged by this approach, leading
to an empathetic and victim-centred justice system that considers emotional, psychological and physical
consequences. Just by listening to voices of victims and survivors, the commission can ensure that their
story is not only a crucial part of the investigation, laying out findings and recommendations as well.

Human Rights Obligations

The commission of inquiries may determine the hearing of the actions and decisions while adhering to
humans rights in domestic and international law. They have been proactively reviewing the the UK’s law
and policy and identified areas that might go against human rights standards and give a recommendation
on the necessary reforms to ensure compliance with national and international standards and principles,
thereby, contributing to the promotion and protection of human rights within the UK 12.

Bunt v Tilley and Beyond

11
Jason Beer, Public Inquiries (OUP Oxford 2011) <https://books.google.com/books?
hl=en&lr=&id=2qo3UBq6rmYC&oi=fnd&pg=PP2&dq=Public+Inquiries+UK+LAW&ots=top
HC_ti2K&sig=78WrlbSMdG7ODBXA1cmzzy8Ozfk> accessed 23 April 2024.

12
Carnwath, J, ‘Tribunals and the Courts - the UK Model - ProQuest’ (www.proquest.com2011)
<https://search.proquest.com/openview/8cb3620f62a3ad0dd846f8fc0e912ae9/1?pq-
origsite=gscholar&cbl=28150>.
Bunt v. Tilley and Beyond, which abrogated the doctrine of stare decisis, forever changed the legal
landscape in British North America and Canada.

Such inquiries as the case Bunt v Tilley [2006] EWHC 407 (QB), [2006] 3 All ER 336 [1]–[37] by no
means miss to demonstrate that such inquiries are important while it comes to the remedy of human rights
violations and system failures. Investigations may give revelations of the transgressions or latent food
shortages, discrimination, and call for reforms that will improve human rights and safeguards.

Scrutinizing, for example, the Independent Inquiry into Child Sexual Abuse (IICSA), where survivors got
the opportunity to share their stories, expose institutional failures and take necessary measures for the
improvement of child protection regulations and practices. These questions emphasize the importance of
the public inquiries in combating against human rights violations, bringing the culprits to justice, and
working on the systemic reforms that prevent future rights abuses and foster a community setting in
which human rights of all persons in the UK are protected and perpetuated.

Conclusion
Both tribunals and inquires are irreplaceable instruments to ensure the proper operation of the rule of law
and protect the protection and promotion of human rights in UK. Tribunals offer practical and separate
platform to citizens who would like to dispute administrative decisions. Public inquiries are meant to
cover vital matters, where broader aspects of public interest are investigated in a secure and transparent
manner.

Yet such efficacy is heavily reliant on their separation as well, as freedom to make mistakes and
implementation of suggestions made by this bodies (R v Leeds County Court, ex p Morris [1990] QB 523
(QB), 530-31). There is a need for a permanent surveillance of the process of reforms and other measures
taken to ensure that these grievance mechanisms are progressive enough for the strengthening and
protection of democracy and human rights in the UK.

The role of tribunals and public investigations in the formation of administrative law is manifested
through the application of legal principles, the tuning of procedures and the generation of suggestions that
are can be used for political reforms, as a result of findings and recommendations 13.

13
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