Modernisation and digitisation of the courts continues to be spoken about as the primary solution to the many of the challenges facing access to justice, including the rising numbers of litigants in person. (See for example the Lord Chancellor’s evidence to the Justice Select Committee). The objective of bringing the courts into the 21st century world of digital working – including accessible jargon-free online information, forms and application procedures, and using IT to its maximum capability in managing cases - is one shared by stakeholders, including by those otherwise critical of the Government’s justice policies. At the end of 2016 Ministers and the Senior Judiciary published their overarching vision “Transforming our Justice System.” Amongst the package of reforms the Ministry of Justice (MoJ) are pursuing are:
- The Briggs Report proposals for an "Online Court" for adjudicating low value civil claims;
- The Divorce project under which most divorces will be petitioned for and granted online;
- Following from the Leveson Report, the extension of video hearings in criminal proceedings and video links (from courts to police stations, prisons and other locations), alongside introducing a Common Platform Programme - a single case management system for all Criminal Justice system agencies - based on digital case-files;
- An online make-a-plea service for people charged with traffic offences, and potentially extending to other criminal offences;
- An “assisted digital” project to help vulnerable users with poor digital literacy to use online systems.
The IT infrastructure of the justice system has the potential to be transformed to improve access to justice. But courts also need good physical infrastructure, both in terms of buildings and the facilities (eg, inquiry desks) that they house, which are also accessible for users - especially for litigants in person. In recent years Her Majesty's Courts and Tribunal service (HMCTS) have been closing courts, with the aim of re-investing savings and sale proceeds into the modernisation programme. Whether or not the modernisation programme will deliver a better system overall remains to be seen.
Earlier this year HMCTS published its Estates Strategy "Fit for the Future" for consultation, covering many of these issues about how HMCTS propose to use their resources going forwards, including proposals for further court closures. Highlighting both the difficulties of travelling to court, and the importance of friendly and helpful customer/front office services for court users, LawWorks have co-ordinated and submitted a joint response with our partners in the Litigants in Person Support Strategy available below.
Fit for the future - LIPSS consulation response.pdf