For civil witnesses and parties, vulnerability could arise as a result of the subject matter in court, for example, they may be survivors of abuse. Alternatively, they may have mental or physical conditions that make them vulnerable, or they may fear reprisals or have been intimidated, as is common in anti-social behaviour cases.
The CJC’s 18 recommendations include: changing the rules to ensure all civil judges, parties and advocates consider the vulnerability of people involved in civil proceedings; enhanced training of civil judges and court staff to detect and assist vulnerable parties and witnesses; ensuring courts are equipped with the facilities to accommodate vulnerable parties; and increased Ministry of Justice funding for litigants in person, including through Support in Court and other charities.
The CJC report also asks that HM Courts and Tribunals look at the availability, use and funding of intermediaries in civil cases, and that the Judicial College consider training criminal judges to ensure criminal compensation orders are made to compensate victims of sexual abuse where possible to reduce the need for subsequent claims in the civil courts. It notes awarding compensation to sexual abuse victims at the earliest possible moment so that it can be used to fund treatment earlier may reduce the symptoms or effects experienced much earlier.
A CJC working group, led by Judge Barry Cotter QC, was first set up in May 2018 to look into the extent of the problems faced by vulnerable court users. While 18% of witnesses in the criminal courts were recorded as being vulnerable or intimidated in 2015/16, there was no data on the equivalent in civil cases.
Sir Terence Etherton, Master of the Rolls, said: ‘For the justice system to work appropriate assistance must be provided to those that need it, to ensure they can take part in proceedings to the best of their ability.’
Judge Cotter said: ‘The public consultation undertaken by the CJC highlighted very real concerns about the current level of assistance for vulnerable people in civil proceedings, and also the lack of data.
‘One of the Council’s recommendations is that data must be gathered on vulnerable people in the court system, and adds to the arguments for greater data collection across the entire justice system. The Council hopes that those organisations to whom the recommendations are directed, will consider them as a matter of urgency.’
