The marginalisation of lay members in social security appeal tribunals

Abstract

This article examines the role of lay members in social security appeal tribunals. Earlier work (Jackson, Stewart and Bland, 1987) reported positively on the participation of tribunal members but suggested that the move towards legally qualified chairmen and the increasingly regulated basis of supplementary benefit were making it more difficult for members to play an active role. The discussion here is based on research carried out in 1989 and 1990, after the implementation of the Fowler Review (DHSS, 1985), and involved the observation of tribunal hearings and interviews with the key participants. It concludes that recent trends have marginalised the lay member in tribunal decision making. Generally lay tribunal members display confusion as to their proper role and have been unable to adapt to the new inquisitorial and enabling philosophy of the tribunals.