FAQs

Like all communities in Britain, the Sikh community has its fair share of legal disputes. In recent years, particularly following the Covid pandemic but even pre-dating that, the UK Court system at the grass roots level has suffered from delays and backlogs, leading to delays in delivering justice to users.

Coupled with this, a key component of modern justice in the UK is encouraging parties to reach a resolution themselves through alternative dispute resolution (ADR) processes. The Sikh Court is an ADR process that offers users a Sikh-focussed alternative to litigation in the UK Courts.

The Sikh Court seeks to assist in access to justice, we acknowledge the need for interpreters and cultural / religious experts that would usually need to be instructed. Though the courts have sought to accommodate these elements, the fact that these are not natively woven into the legal process means that any such accommodation will experience gaps in provision, and this can create a barrier for users of the system. Our Judges and Magistrates are fluent Punjabi and English speakers and are familiar with Sikh religious and cultural values that may be impacting the parties.

A key motivator for setting up the Sikh Court is to provide a place for resolution of these sorts of disputes, particularly where cultural and religious sensitivity is key in making the parties feel at ease. The UK legal system has long encouraged parties to resolve their disputes through alternative means (Alternative Dispute Resolution, or ADR). Even today, in many disputes, the court will recommend or even order parties to try mediation.

The Sikh Court is an ADR forum – it offers a mediation and arbitration service applying UK Laws, in the form of a Med-Arb process, which melds together mediation and arbitration. This encourages resolution in a mediation stage, but can deliver a binding decision to give finality in a mandatory arbitration stage.

The Sikh Court will operate under the framework of the Arbitration Act 1996 and will, at first, hear family disputes that are founded in a legal cause of action. If the dispute can be bought before a court of law in England and Wales, then it can be bought before The Sikh Court.

For the avoidance of doubt, the Sikh Court shall not hear disputes that concern:

• Criminal inquiry or investigation
• Mental Capacity Act matters
• Severe Safeguarding issues relating to adults and/or children
• Where both parties do not agree to engage in the Court

Where the Sikh Court cannot hear a dispute, the parties will be signposted as to how and where such a dispute can be raised.

In the mediation stage, the role of The Sikh Court is to facilitate dialogue between the parties such that they can directly reach a resolution. In carrying out this role, the Magistrates and Judges of The Sikh Court will be guided by Sikh principles of fairness, equality and unity, but with an overriding duty to the law of the UK.

In the arbitration stage, a Judge of The Sikh Court will arbitrate the dispute between the parties. This means that they will hear evidence and submissions and will render a decision which will be legally binding. In making this decision, the Judge will apply English law.

As with any ADR process, all parties to a dispute must agree to enter into the process. This means that all parties must agree to use The Sikh Court by completing a joint application form and entering into a Mediation and Arbitration Agreement to contractually bind them to the process.

It is important that users are fully informed. As a part of the application process, prospective parties will be provided with materials to help them understand what ADR is, to make clear that litigation in the law courts is an option available to them, and the consequences of entering into a Mediation and Arbitration Agreement with The Sikh Court.

We are very clear that the Sikh Court is an ADR forum to facilitate the resolution of legal disputes by way of mediation and arbitration. ADR is an important component of the English legal system and is recognised and supported by the law courts as an effective way to resolve disputes without resorting to lengthy and expensive litigation.
ADR exists alongside the law courts and conventional litigation. The Sikh Court operates in accordance with the Arbitration Act 1996 and, as such, sits within the English legal framework.

All the Judges of the Sikh Court are also solicitors and barristers, and as such, have an overriding duty to uphold the law. We want to dispel any notion that The Sikh Court seeks to sit outside the jurisdiction of English law. This simply would not be possible and is not our vision. It is because The Sikh Court operates in accordance with the law that its decisions will be legally binding and enforceable in an English Court.

For the avoidance of doubt, The Sikh Court shall not adjudicate on disputes concerning religious or doctrinal issues. These are matters of faith, not of law, and should be bought before the relevant temporal religious authority, the highest of which is Sri Akaal Takht Sahib.

Sikh lawyers, Judges, non-Sikh legal professionals and legal academics formed a core focus group 12 months ago to explore how access to justice could be promoted in a simplified manner for the Sikh community. Surveys were undertaken, including meetings with key stakeholders, to discuss the proposal for The Sikh Court and the associated benefits for the community.

A focus group meeting was held with an open invitation for all Sikh organisations to attend. Approximately 50 attendees joined the meeting where the stakeholders were engaged and informed on the key aspects of the Sikh Court. A Q&A session was also held where the attendees were able to ask any questions or share any concerns or reflections on the information shared. A lot of positive feedback was received for a Sikh Court to support the Sikh community.

We have also received letters of support from different community organisations, including some Gurdwaras.

As the Akaal Takht is recognised as the supreme religious authority for Sikhs, the concept of the Sikh Court was discussed with the Jathedar of the Akaal Takht and his team who recognised this initiative as a “noble and unique cause”.

A panel comprised of two legal judges, two academics and one lay Sikh community member interviewed all candidates and selected the Judges and Magistrates based on a rigorous process and competency criteria.

At the conclusion of this process, 15 Judges, 31 Magistrates and 3 Registrars were appointed to the Sikh Court – 70% made up of women.

The Judges and Magistrates been trained in mediation, conciliation and arbitration techniques, as well as other relevant areas, including preparing written decisions and vulnerable witness training. This training was delivered by a training panel of practising Judges and Barristers, who are experts in their respective fields and in these skills.

Further training will be provided before the Sikh Court begins hearing cases, particularly in relation to the Rules of Procedure and the Sikh Court’s policy documents as well as into key issues that they are likely to be dealing with. A Training Needs Analysis will be undertaken to further support the development of the Judges and Magistrates to deliver services and a positive user engagement experience for users and where necessary specialist training will be sought externally.

These are not protected terms and there are no legal restrictions on using these terms.

Our surveys and research within the community highlighted that non-lawyer Sikhs were less familiar with terms such as mediators, arbitrators, tribunal but did recognise well-established legal terms such as “Court”, “Judge”, “Magistrate”.

We have adopted these well-known terms to make the Sikh Court accessible to its users.

Safeguarding is a key priority for us. We have a duty to protect vulnerable users and will ensure that the correct support is provided as required. The Judges, Magistrates and Registrars are trained to identify and deal with safeguarding issues.

Where a safeguarding concern is identified or reported, local safeguarding pathways will be followed, including a referral to the Multi Agency Safeguarding Hub (MASH).

We have a designated Safeguarding Lead for Children and Adults and a comprehensive Safeguarding Policy and Procedure which is available on our website.

Matters of religious doctrine and conduct are for the Panj Pyaare and for the guidance of the Akaal Takht to consider. The Sikh Court can not adjudicate on these matters.

As an ADR forum, The Sikh Court will only adjudicate on matters that are founded in a legal cause of action. Put simply, if you have a dispute that you could bring before a UK Court, you can bring it to the Sikh Court. If your dispute is not one that you can bring before a UK Court, then it likely is not one that can be brought to us.

We will engage with Gurdwaras and Sikh community groups across the UK in the coming months. We will hold local meetings and use community events to inform the Sikh community of the Sikh Court, its purpose and how to use it.