Appealing Decisions

Earlier this year a consultation was undertaken by the 'Administrative Justice and Tribunals Council; Scottish Committee':

'Consultation on Administrative Decisions made by Public Bodies in Scotland where there is no Right of Appeal against the Decision or where the Right of Appeal is inaccessible or inappropriate.'

More details regarding this consultation can be found on and linked to from page 4 of this newsletter


AJTCSC covering letter and questionnaire


As I understand it the consultation report is due to be published shortly and I thought readers may be interested in reading those responses to the consultation that I have been able to find on line.


'Consumer Focus Scotland' response


'Scottish Public Services Ombudsman, SPSO' response


'The Law Society of Scotland's response'



'Friends of the Earth Scotland' response

'Faculty of Advocates' questionnaire responses


On their web site, Planning Democracy mention a meeting with the SCAJTC in respect of this consultation 




However, the most detail regarding the subject of planning appears to be within the  Faculty of Advocates, 'Further Response' - Faculty of Advocates Further Response, Page 7 of 12, paragraph 10 (a) 


Given the recent elections and the setting up of new planning committees within Highland Council some of the sentences in the 'Faculty of Advocates' response struck  particular chords:


...councillors are likely, consciously or subconsciously, to back the decisions of their officers, particularly if no hearing takes place.  Councillors are accustomed to, and indeed are expected to, seek advice from the very professional officers whose decisions they are being asked to overturn.  They will be naturally predisposed towards supporting planning officers...



These responses make very interesting reading and I would certainly recommend getting the full flavour by reading the responses as fully as possible and taking comments in context.