Lawyers highlight risks of courts project

Family lawyers and barristers have hit out at the government following a scathing report on the £1.2bn courts modernisation project.

The Public Accounts Committee (PAC) last week warned of a ‘significant risk that HM Courts and Tribunals Service (HMCTS) will fail to deliver the benefits it expects’, in its report, Transforming Courts and Tribunals. It said the government’s timetable was unrealistic, consultation inadequate and that the changes—closing courts, introducing virtual hearings, digitising paper services and centralising services—could have unforeseen consequences for taxpayers, court users and justice.

Welcoming the report, Jo Edwards, who gave evidence to PAC’s inquiry on behalf of family lawyers’ group Resolution, said Resolution members regularly reported delays in their local courts, and that one in two said in a Resolution survey that the court they’ve used historically was earmarked for closure.

‘Officials need to ensure the programme delivers real improvements to the courts system, without further restricting access to justice, and isn’t simply a cost-cutting exercise,’ she said.

Andrew Walker QC, chair of the Bar, which also raised its concerns to the inquiry, said: ‘Engagement with the Bar has been fraught with practical difficulties of HMCTS’s making, and too often barristers and the Bar Council have wasted the valuable time that they are being asked to give to this (entirely at their own expense).

‘We are also not satisfied that sufficient attention is being paid to the implications that digitising legal processes, and the widespread use of video technology, may have for justice and fairness in every case. This must include ensuring that independent legal advice is received when it is needed most, especially before individuals make decisions that may have important implications, such as before indicating a likely plea when you are charged with a criminal offence.

‘HMCTS has been reluctant to address this issue, as the availability of legal advice is not part of its design brief.’

However, HMCTS CEO Susan Acland-Hood said: ‘We do recognise the need to engage more actively with our key stakeholders, and this is a key priority over the next phase of reform. This is a challenging programme but we remain confident that it is on track.’