Recommendation 5

HM Government Deferred

We recognise the importance in having a transparent and accessible courts and tribunals system. The work of the courts and tribunals is scrutinised by numerous parliamentary committees and inspectorate reports, with HMCTS being governed under a clear constitutional framework that is overseen by Ministers and the senior judiciary. We have assurance provided by expert bodies looking at the courts and their administration, which crucially do not cut across the important constitutional principles of judicial independence, safeguarding rather than undermining the principle of the rule of law. The criminal courts are already subject to an inspection regime that reflects the unique constitutional position of the courts, including the Criminal Justice Joint Inspection and Her Majesty’s Inspectorate of Probation. The work of HMCTS is overseen by the Board, which includes non-executive and judicial members, headed by an independent chair. Additionally, the HMCTS Annual Report that covers performance and accountability and published annually is scrutinised by an Independent Board and audited by the National Audit Office. We have published the CJS Delivery Data Dashboard (formerly called CJS Scorecard) which bring together data from across the system on key priority areas to increase transparency. HMCTS also publishes monthly Management Information on workload and timeliness for criminal, civil and family courts and tribunals. During the pandemic the weekly use of remote hearing technologies to facilitate court and tribunal hearings was also published. In 2010, the MoJ took the decision to abolish Her Majesty’s Inspectorate of Court Administration (HMICA). This reflected various developments since the Inspectorate was established, including the establishing of a single, unified executive agency (Her Majesty’s Courts and Tribunals Service [HMCTS]); and the greater transparent, independent and effective framework of scrutiny and audit around it. Combined with high levels of parliamentary scrutiny, this significantly reduced the need for (and benefit of) independent inspection of court administration systems. A decision was made at the time that continuing to fund the body was unjustified, and it was closed at the end of December 2010. To re-establish a Court’s inspectorate would require significant long-term resourcing which we are not currently set up to deliver. Available resource is being targeted on our priority areas, including reducing the outstanding caseload to deliver swifter justice. We have committed to further considering, alongside other ministerial priorities, the Justice Committee’s recommendation (in the context of its Coroner Service Inquiry) of creating a Coroner Service Inspectorate. In doing so, we will take into account the affordability of establishing a new public body and ongoing running costs. As well as funding such a body, to establish the inspectorate would require the passing of primary legislation. The Criminal Courts—The Crown Court