Page 114 - Solving Housing Disputes

intention is to use authorised staff “to handle a wider range of uncontroversial
327
and routine matters under judicial supervision.”

4.33 We recommend that all court and tribunal case workers operating under
the HCRS, whether in the County Court or FTT (PC) should exercise
similar procedural functions. The intention is to establish a list of similar
functions to allow case workers to assist parties actively. We imagine that case
workers who receive a dispute from a represented party through the HCRS portal
might:

(a) clarify the nature of the dispute and whether there is jurisdiction to determine
the dispute as framed;

(b) signpost parties to mediation;

(c) where legally trained, perform devolved procedural functions such as issuing
directions, determining preliminary issues and granting extensions of time –
all subject to judicial supervision and to an automatic right of review of any
decisions made.

4.34 We envisage that the most substantial role for case workers under the HCRS
would be assisting those who make their way through the portal without legal
assistance. In those instances, we propose case workers take on an even more
active and assistive function. For example, when a digital file compiled through
the HCRS reaches a case worker, they ought to look to signpost unrepresented
people to legal advice providers on the HCRS to ensure the person is fully
appraised of their position, options and prospect of representation before
pursuing their claim further. This might best be coined a form of “assistive
triage”. In certain chambers, the FTT has already devolved functions for

327 Courts and Tribunals (Judiciary and Functions of Staff) Bill - Factsheet: Authorised Court and
Tribunal Staff - legal advice and judicial functions available at https://assets.publishing.service.gov.uk/
government/uploads/system/uploads/attachment_data/file/757856/CTJFS-factsheet-authorised-staff.pdf
Not all jurisdictions have, as yet, defined the precise role for authorised staff, though in the First-tier
Tribunal (Social Entitlement) Chamber, their powers have been drawn broadly, and they are capable of
making all decisions that a judge assigned to the tribunal may make under the Tribunal Procedure (First
-tier Tribunal) (Social Entitlement Chamber) Rules 2008 “save those which are substantive final
decisions under judicial supervision”, Senior President of Tribunals, ‘Practice Statement authorising
Tribunal Caseworkers First-tier Tribunal (Social Entitlement Chamber) to carry out functions of a
judicial nature’, para 3. available at https://www.judiciary.uk/wp-content/uploads/2018/07/ps-
authorisations-tribunal-caseworkers.pdf

108