Part 2B: Remote Hearings – England and Wales
Part 2B: Remote Hearings – England and Wales.
As a result of the Coronavirus Pandemic (COVID) and restrictions on face-to-face meetings, on 29^th^ July 2020, the VTE adapted its practices to incorporate “remote hearings” as the default position where any sort of hearing was needed. The definition of “hearing” was extended to include the use of Microsoft Teams video conferencing application or any video platform compatible with the VTS infrastructure, telephone, or a combination of the two.
Following the COVID enforced trial of “remote hearings”, the VTE continued using this on-line platform, reflecting their view as to the effectiveness of doing so and removing the need for parties to travel to hearing venues.
The VTS Corporate Plan 2022-25 gives wholehearted support to the VTE President’s commitment to continuing online hearings in all but exceptional cases, with feedback from the Valuation Tribunal’s User Group and customer survey pointing to a preference for virtual hearings. However, the VTE recognise that online hearings may not be the most effective way to dispense justice for all appeals and the President has incorporated a process within the VTE’s Consolidated Practice Statement to address how applications for in person hearing requests will be handled.
The Valuation Tribunal for England (Council Tax and Rating Appeals) (Procedure) (Amendment) Regulations 2021 came into force on 9^th^ June 2021 and now defines ‘hearing’ as “an oral hearing and includes a hearing conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication”.
Remote hearings are now the default position. PS 12 of the VTE’s Consolidated Practice Statement 2022 directs that all hearing will now be conducted “remotely” either by video platforms or telephone or a combination thereof, unless it can be demonstrated that this would not be in the interests of justice.
Hearings remain “public hearings” and any member of the public seeking access may do so by prior arrangement and will be provided with a suitable link to a video platform or telephone conference facility. Should a party believe it is not in the interests of justice for a hearing to be held remotely, they must make an application to the President of the VTE prior to the day of the hearing and the President will only make such a Direction where there is good reason (supported with medical evidence if relevant). An exception is when a party may have an unforeseen technical issue on the day of the hearing in which case, they must contact the Tribunal by telephone immediately.
The procedure for a “Remote hearing” via Teams aligns with that of a traditional face-to-face hearing at a venue. Guidance on the process at a traditional hearing and how to present a case is provided in various sections of the Rating Manual –
RM S.7 Pt. 2 No. 9 gives an overview of the process of a VTE Hearing
RM S.7 Pt. 2 App. 1 provides tips and advice on behaviours and how best to present a case; and lastly
RM S.7 Part 1 covers the roles of Advocate and Expert Witness and their respective duty to the tribunal.
Prior to the hearing parties will need to provide an email address which will be used for the hearing and communication on the day. Each party will receive an invitation to the start of the hearing or the case you are involved in if there are several being heard in the session.
Remote hearings are real hearings conducted by remote access technology. It is possible to fall into the misapprehension that a remote hearing is somehow more informal. This is not the case; members of the public may be observing, and the decorum of the hearing still applies and the VTE expects the behaviours of the parties to be the same as for a face-to-face hearing.
At Appendix 2 is a table of protocols on how to proceed with a remote hearing covering some of the behaviours that are expected and aspects that must not be overlooked.
The regulations for NDR appeals [Reg. 30(14) SI 2005/758] and CT appeals [Reg. 37(9) SI 2010/713] enable the VTW to ‘conduct the hearing in such manner as it considers most suitable to the clarification of the issues before it, and generally to the just handling of proceedings.
As a result of the Coronavirus Pandemic tribunal hearings were cancelled in Wales in March 2020 but recommenced September 2020 with parties encouraged to present their cases by video link wherever possible.
The VTW’s Best Practice Protocols have been updated to reflect the move to remote hearings. The conduct of a hearing is covered by VTW Best Practice Protocol 2A which sets out the presumption that all parties will attend by video link, unless a party indicates that they wish to attend physically at the tribunal’s hearing location. Further specific advice relating to remote hearings through the use of video conferencing software is provided by VTW Best Practice Protocol 2A(a).
Remote hearings via video link will only take place where suitable facilities are available to all parties concerned and the VTW.
The VTW is to provide as much notice as possible of the date of any remote hearing and video conference login details will be sent to parties three working days before the hearing. VTW’s default video conferencing application software is Zoom. Zoom is not compatible with VOA devices and so VOA standalone devices are available for caseworkers dealing with Welsh cases.
Parties proceeding with a remote hearing should wherever possible prepare an electronic bundle of documents, indexed and paginated and this should be sent to the Clerk of the tribunal at least five working days prior to the hearing. In the event an electronic bundle cannot be provided, parties must provide a printed bundle to be received by the tribunal and other parties at least five working days prior to the hearing, with the tribunal requiring four copies. Failure to provide an electronic or printed bundle at least five working days prior to the hearing will result in the party concerned having to explain their non-compliance and the tribunal will determine whether it will proceed or adjourn the hearing.
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Expert Evidence |
It is important to remember that when acting as Expert Witness at a Remote Hearing you are giving your own expert opinion to assist the tribunal. At Valuation Tribunal, caseworkers will usually be acting in a dual role as both expert witness and surveyor advocate. It is important to be always aware, which role is being adopted and to differentiate between them as necessary. It is useful to distinguish when changing from one role to another. For example, stating “I will now present my expert evidence” and when finishing “That now concludes my expert evidence” GN 10 ‘Oral Evidence’ in the RICS practice statement and guidance note ‘Surveyors acting as expert witnesses’ makes it clear that whilst under affirmation during the course of the hearing or an adjournment, you are not permitted to discuss the case with anyone and this restriction includes your client and client’s advisers, advocates, fellow expert witnesses and colleagues. As such colleagues or advisors should not be prompting or providing guidance via Teams, email or any other means during a remote hearing when a caseworker is giving their expert evidence or they are undergoing cross examination and answering questions on the evidence that they have presented, in the same way that such interruptions would not be permitted at a traditional hearing at a venue. |
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Advocacy |
A caseworker is permitted to act as both advocate and expert witness at valuation tribunal, but the RICS professional statement Surveyors acting as advocates obliges you to distinguish at each stage which role you are undertaking and examples of how we might differentiate have been provided above. When making submissions or counter submissions as advocate at a remote hearing, it is then permissible for colleagues or advisers to assist and give prompts/ advice via Teams or email, in the same manner that a solicitor/ client might instruct their barrister in the course of a traditional hearing. |
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Dress/ Attire |
The panel will be suitably dressed for the hearing as though the parties were present. There is an expectation that the parties will do likewise. Avoid any temptation to dress informally and ensure your attire is formal and professional as would be expected at a traditional hearing |
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Camera/ Microphone/ Presentation at the Hearing |
Use a headset with microphone where possible. Check your camera and avoid sitting with your back to a window or light source to ensure that you are visible. You should be clearly seen by the panel members and other parties. Enter the hearing in good time with your microphone muted and check that your equipment is working. If you have a poor connection, advise the panel. The hearing will not proceed without both parties being able to participate. If you lose connection entirely, endeavour to reconnect and if unable to do so telephone the clerk for instructions. Only speak when invited to by the senior member. Turn your camera and microphone on when speaking. Be careful to mute your microphone when not speaking and during any break or at the end of the hearing. There should be no need to interrupt the other party or panel. If a reason transpires, raise your arm via Teams/ Zoom or alternatively on camera and wait to be asked to speak. The panel will advise you of the procedure on the day and if they have already read your case. When presenting your case, it is helpful to refer to the page number and numbered section of the document you are following and to wait for the senior member to confirm he/ she has found their place. When asking questions, ask one at a time and do not interrupt the other party’s response. If there are breaks in the hearing, ensure that your camera is switched off and microphone muted for the duration of the break and return promptly at the appointed time. At the end of the hearing parties will be invited to sum up. The panel will retire to check they have all the information they require. Remain online, with your camera switched off and microphone muted and only leave the session when the clerk confirms the panel have all that they require and that you are free to leave. |
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Background & Environment |
Ensure that what is in your background is appropriate and professional and not something that may cause a distraction. Alternatively, use the blur feature or choose one of the less flamboyant computer-generated backgrounds that are available in Teams or Zoom. Whether joining from home or the office avoid unnecessary disturbance by keeping the door closed and asking colleagues, housemates, or family to refrain from interrupting you during the hearing. If at home it is better if pets including cats, dogs and birds are kept secured out of sight and earshot during the hearing. Mute telephones, computer applications and other devices and at home devices such as Siri and Alexa. If an unavoidable interruption is expected such as a fire alarm test or a delivery; advise the panel so that they might cater for this. |