Keep courts infection-free

Lawyers have expressed fears about safety in court after Isleworth Crown Court failed a Health and Safety Executive (HSE) COVID-19 inspection on cleaning and social distancing measures.

The inspector visited the court on 29 January and identified contraventions relating to ‘cleaning regimes, social distancing and the monitoring of occupancy levels within the building’, an HSE spokesperson said. HM Courts and Tribunals (HMCTS) have been issued with a notification of contravention and asked to respond to the inspector by 12 April.

Solicitors have raised concerns with the Law Society about potential risks at courts throughout the pandemic. These have included concerns about the enforcement of face masks in public and communal areas, the frequency of cleaning, and having to take instructions in confined and unventilated rooms where social distancing is impossible to maintain. Solicitors have complained of being required to attend court in-person for matters they believed could reasonably be dealt with via remote means.

Law Society president David Greene said: ‘Even though we may be seeing a planned exit from the pandemic it remains absolutely essential that all court users can be assured of the safety of the court environment.

‘If that cannot be assured, as appears to be the case at Isleworth, HMCTS must take immediate action―including possibly closing a court―until it can be.’ 

Safety measures such as plexiglass screens, social distancing marks and frequent cleaning have been implemented to keep court users safe.

However, fears about unsafe courts emerged in January, when the Ministry of Justice (MoJ) revealed figures showing 434 court staff, 69 judges and magistrates, 23 jurors and 73 other court users tested positive for COVID-19 between 24 November 2020 and 11 January 2021. Cases were confirmed at 196 courts within the same period.

The MoJ pointed out that this rate tracked the national average and it should not be assumed that infection took place at court.