Skip to main content

Social Security Tribunal: appointment of Chairman.

This content has been automatically generated from the original PDF and some formatting may have been lost. Let us know if you find any major problems.

Text in this format is not official and should not be relied upon to extract citations or propose amendments. Please see the PDF for the official version of the document.

STATES OF JERSEY

SOCIAL SECURITY TRIBUNAL: APPOINTMENT OF CHAIRMAN

Lodged au Greffe on 17th November 2015 by the Minister for Social Security

STATES GREFFE

2015   Price code: A  P.143

PROPOSITION

THE STATES are asked to decide whether they are of opinion

to appoint, in accordance with Article 33A of the Social Security (Jersey) Law 1974  and  further  to  a  process  overseen  by  the  Jersey  Appointments Commission, Advocate Sarah Elizabeth Fitz as Chairman of the Social Security Tribunal for a period of 5 years.

MINISTER FOR SOCIAL SECURITY

REPORT

  1. Background

Article 8 of the  Social Security (Determination of Claims and Questions) (Jersey) Order 1974 provides for the constitution of the Social Security Tribunal.

The Social Security Tribunal (SST) has been in place since 1974, and hears appeals on a range of benefits under the Social Security Law, as well aspects of other legislation administered by the Social Security Department, such as the Income Support and Health Insurance Laws.

The Tribunal will review all facts placed before it by the Appellant and the Minister for Social Security and may confirm, reverse or vary the decision made by the Department's Determining Officers.

The constitution of the Social Security Tribunal comprises a Chairman (or a Deputy Chairman) holding a qualification in law, and 2 lay members from a Panel of up to 12 other members.

This report discusses the appointment of the legal Chairman.

  1. Tribunal Chairmen

The Minister is responsible for the constitution of three different Appeal Panels: the Social Security Tribunal (SST), the Social Security Medical Appeal Tribunal (SSMAT), and the Income Support Medical Appeal Tribunal (ISMAT). In consultation with the Judicial  Greffe,  who  are responsible for  the  convening  and  administration  of  the Tribunals, consideration was given to developing the role of Chairman across all 3 Tribunals to ensure consistency of process and decision-making. This supports the further development of a Tribunals Service.

Advocate Thacker, who was re-appointed as Chairman of the SST in 2013, was also appointed as Chairman of the ISMAT and SSMAT in April 2015 on an interim basis, which has allowed time for a formal recruitment process to take place.

  1. Chairman of the Social Security Tribunal

Following a recruitment process overseen by the Appointments Commission, it is proposed to appoint Advocate Sarah Fitz as Chairman to the SST for a 5-year period. Advocate Fitz is currently the Chairman of the Mental Health Tribunal, and the Minister considers  that  she  has  the  appropriate  experience  to  extend  this  role  across  the 3 Tribunals the Minister is responsible for, ensuring a consistent approach to the Tribunals Service.

  1. Terms of appointment

The Social Security (Determination of Claims and Questions) (Jersey) Order 1974 provides  that  members  of  the  Tribunal  are  appointed  by  the  States  on  the recommendation  of  the  Minister  after  consultation  with  the  Jersey  Appointments Commission.

Page - 3

P.143/2015

The Minister therefore recommends the appointment of Advocate Sarah Fitz for a term of 5 years.

The Minister is satisfied that Advocate Fitz has the necessary skills and experience.

  1. Member proposed for appointment

Chairman of the Social Security Tribunal:

Advocate Sarah Fitz has been a partner at Ogier since 1989, being a Managing Partner for many years, and recently Chairman. These roles encompassed the combined Law firm  and  Trust  company,  employing  over  800 people  and  operating  in  several jurisdictions. In addition, Advocate Fitz has worked as a criminal, matrimonial, public law and mental health practitioner since 1987, and has both defended and prosecuted criminal cases as a Crown Advocate.

Advocate Fitz will retire from Ogier in January 2016, is the current Chairman of the Mental Health Tribunal and has been appointed as a Relief Magistrate with effect from her retirement from Ogier.

Financial and manpower implications

There  are  no  financial  or  manpower  implications  for  the  States  arising  from  the proposed appointment.