Recommendation 125

We recommend that HMCTS sets out how it will improve the availability of information in the courts for the press and the public. This should include timely, complete, and consistent court listings (for physical and remote hearings alike), documents relating to cases (such as written arguments in appropriate cases), and free access to all court judgments. This work should be integrated with efforts to improve the collection, management, and publication of data on the courts (see Chapter 4). 8 HMCTS, ‘HMCTS annual reports and plans’, (8 October 2020): https://www.gov .uk/government/collections/hmcts-annual-reports-and-plans [accessed 2 March 2021] 9 House of Commons Library, Court Closures and Access to Justice , Debate Pack, Number CDP-0156 , 18 June 2019 10 Between 2013 and 2019, the number of staff employed by HMCTS fell by 17 per cent. See ‘Tribunals struggle as backlog of cases reaches highest level since fee abolition’, GQ Littler (26 February 2019): https://www.gqlittler.com /resources/news-and-views/tribunals-struggle-as-backlog-of-cases -reaches-highest-level-since-fee-abolition.htm [accessed 3 March 2021] 11 Ministry of Justice, ‘Legal aid statistics: July to September 2020’, (17 December 2020): https://www.gov.uk /government/statistics/legal-aid-statistics-july-to-september-2020 [accessed 1 March 2021] 12 Legal Aid, Sentencing and Punishment of Offenders Act 2012 13 Private law family cases are commonly divorce cases or disputes between parents who have split-up about who their child should live with or have contact with. Private law family cases may be contrasted with public law family cases where a local authority, or the NSPCC, steps in to protect a child on child welfare grounds. Private law family cases remain in scope in certain cases where there is documentary evidence of domestic abuse. 14 With the exception of employment-related discrimination. 15 Legal aid remains for welfare benefits appeals on a point of law to the upper tribunal and subsequent appeals, and for judicial review. 16 The proportion of cases where both parties had legal representation in private law family cases almost halved between 2013 and 2020: Ministry of Justice, Family Court Statistics Quarterly: July to September 2020 (18 December 2020): https://www.gov.uk /government/statistics/family-court-statistics-quarterly-july-to-september-2020 /family-court-statistics-quarterly-july-to-september-2020 [accessed 2 March 2021]. The number of unrepresented defendants has also increased in the Crown Court since 2013: Ministry of Justice, Unrepresented Defendants: Perceived effects on the Crown Court in England and Wales - practitioners’ perspectives (2019): https://assets.publishing.service.gov. uk/government/uploads/system/uploads/attachment_data/file/810051/unrepresented- defendants.pdf [accessed 2 March 2021] 17 Judicial College, Equal Treatment Bench Book (February 2021): https://www.judiciary.uk/wp- content/uploads/2021/02/Equal-Treatment-Bench-Book-February-2021-1.pdf [accessed 2 March 2021] 18 See, for example, Q 116 (Simon Davis, Caroline Goodwin QC ) and written evidence from Professor Gráinne McKeever ( CIC0009 ) and Dr Kate Leader ( CIC0011 ). 19 Q 116 (Derek Sweeting QC) 20 Ministry of Justice, ‘Joint letter from Lord Chief Justice of England and Wales, Senior President of Tribunals and Lord Chancellor and Secretary of State for Justice ’, (28 March 2014): https://www.judiciary.uk/wp-content /uploads/2014/03/joint-letter-to-judges-and-staff-hmcts-reform .pdf [accessed 2 March 2021] 21 HMCTS, ‘The HMCTS reform programme’, (6 February 2019): https://www.gov.uk/guidance/the -hmcts-reform-programme [accessed 2 March 2021] 22 Ministry of Justice, Transforming Our Justice System (September 2016): https://assets.publishing .service.gov.uk/government/uploads/system/uploads/attachment_data/file /553261/joint-vision-statement.pdf [accessed 1 February 2021] 23 National Audit Office, Early progress in transforming courts and tribunals (Session 2017–19, HC 1001): https://www.nao.org.uk/ wp-content/uploads/2018/05/Early-progess-in-transforming-courts-and- tribunals.pdf [accessed 1 February 2021]; Public Accounts Committee, Transforming courts and tribunals (Fifty Sixth Report, Session 2017–19, HC 976) 24 HMCTS and Ministry of Justice, Response to Public Accounts Committee: Transforming courts and tribunals (5 February 2019): https://www. gov.uk/government/news/response-to-public-accounts-committee-transforming- courts-and-tribunals [accessed January 2021] 25 Public Accounts Committee, Transforming courts and tribunals: progress review (Second Report, Session 2019, HC 27); National Audit Office, Transforming courts and tribunals: a progress update (Session 2017–19, HC 2638): https://www.nao.org .uk/wp-content/uploads/2019/09/Transforming-Courts-and-Tribunals.pdf [accessed 1 February 2021]; ‘National Audit Office challenges basis of court reforms’, Legal Futures (18 January 2021): https://www.legalfutures .co.uk/latest-news/nao-challenges-basis-of-court-reforms [accessed 1 February 2021] 26 Public Accounts Committee, Transforming courts and tribunals (Fifty-Sixth Report, Session 2017–19, HC 976); HMCTS, HMCTS online event, 15 Oct 2020: Introducing the Common Platform (14 January 2021): https:// www.gov.uk/guidance/hmcts-online-event-15-oct-2020- introducing-the-common-platform [accessed 2 March 2021] 27 National Audit Office, Transforming courts and tribunals: a progress update (Session 2017–19, HC 2638), Figure 4: https://www.nao.org.uk /wp-content/uploads/2019/09/Transforming-Courts-and-Tribunals.pdf [accessed 1 February 2021] 28 Oral evidence taken before the Public Accounts Committee on 6 June 2018 (Session 2017-19) Q 54 (Susan Acland-Hood) 29 Q 143 (Susan Acland-Hood) 30 Public Health England, Exercise Cygnus Report (2017): https://assets.publishing .service.gov.uk/government/uploads/system/uploads/attachment_data/file /927770/exercise-cygnus-report.pdf [accessed 1 February 2021] 31 HMCTS, ‘HMCTS annual reports and plans’, (8 October 2020): https ://www.gov.uk/government/collections/hmcts-annual-reports-and-plans [accessed 1 February 2021] 32 Courts and Tribunals Judiciary, Coronavirus (COVID-19) update from the Lord Chief Justice (17 March 2020) https://www.judiciary.uk/announcements/coronavirus-update-from-the -lord-chief-justice/ [accessed 1 February 2021] and HM Government, Courts during coronavirus pandemic: Robert Buckland statement , (18 March 2020): https://www.gov.uk/government/news/courts-during-coronavirus- pandemic-robert-buckland-statement [accessed 1 February 2021] 33 HMCTS, Covid-19: Overview of HMCTS response (July 2020) https://assets. publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/ file/896779/HMCTS368_recovery_-_COVID-19-_Overview_of_HMCTS_response_ A4L_v3.pdf [accessed 1 February 2021] 34 Written Answer HL13308 , Session 2019-21 35 Ibid. 36 Courts and Tribunals Judiciary, Coronavirus (COVID-19): Jury trials, message from the Lord Chief Justice (17 March 2020): https://www.judiciary.uk/announcements /coronavirus-jury-trials-message-from-the-lord-chief-justice/ [accessed 1 February 2021] 37 Courts and Tribunals Judiciary, Review of court arrangements due to COVID-19, message from the Lord Chief Justice (23 March 2020): https://www.judiciary.uk/ announcements/review-of-court-arrangements-due-to-covid-19-message- from-the-lord-chief-justice/ [accessed 1 February 2021] 38 Coronavirus Act 2020 39 Coronavirus Act 2020, sections 53–57 40 HM Government, HMCTS daily operational summary on courts and tribunals during coronavirus (COVID-19) outbreak (27 March 2020): https://www .gov.uk/guidance/hmcts-daily-operational-summary-on-courts-and -tribunals-during-coronavirus-covid-19-outbreak#hmcts-operational-summary-27 -march-2020 [accessed 1 February 2021] 41 Nuffield Family Justice Observatory, Remote hearings in the family justice system: a rapid consultation (May 2020): https://www.nuffieldfjo.org.uk/app/nuffield /files-module/local/documents/nfjo_remote_hearings_20200507-2-.pdf [accessed 1 February 2021] 42 The Criminal Procedure (Amendment No. 2) (Coronavirus) Rules 2020 ( SI 2020/417 (L. 12) ) 43 The Civil Justice Council and the Legal Education Foundation, The impact of Covid-19 measures on the civil justice system: Report and recommendations (May 2020): https://research.thelegaleducationfoundation.org/research-learning/ funded-research/the-impact-of-covid-19-measures-on-the- civil-justice-system-report-and-recommendations [accessed 1 February 2021] 44 Courts and Tribunals Judiciary, Jury trials to resume this month (11 May 2020): https://www.judiciary.uk/announcements/jury- trials-to-resume-this-month/ [accessed 1 February 2021] 45 The Civil Procedure (Amendment No. 2) (Coronavirus) Rules 2020 ( SI 2020/582 (L. 13) ) 46 HM Government, PM: A New Deal for Britain (30 June 2020): https://www.gov.uk/ government/news/pm-a-new-deal-for-britain [accessed 4 March 2021] 47 HMCTS, ‘Court and tribunal recovery update in response to coronavirus’, (1 July 2020): https://www.gov.uk/ government/publications/court-and-tribunal-recovery-update-in-response-to- coronavirus [accessed 1 February 2021] 48 Ministry of Justice, £50 million for legal aid sector (21 August 2020): https:// www.gov.uk/government/news/50-million-for-legal-aid- sector [accessed 1 February 2021] 49 The Right Honourable Sir Terence Etherton and The Right Honourable Robert Buckland QC MP, 124th Update: Practice Direction Amendments (21 August 2020): https://www. justice.gov.uk/courts/procedure-rules/civil/cpr-124-pd- update.pdf [accessed 1 February 2021] 50 HMCTS, COVID-19: Update on the HMCTS response for criminal courts in England & Wales (September 2020): https://assets.publishing.service.gov.uk/government/ uploads/system/uploads/attachment_data/file/915493/HMCTS401_recovery_overview_ for_crime_WEB.pdf [accessed 1 February 2021] 51 The Prosecution of Offences (Custody Time Limits) (Coronavirus) (Amendment) Regulations 2020 ( SI 2020/953 ). These regulations came into force on 28 September 2020 and have effect until 28 June 2021. 52 Courts and Tribunals Judiciary, Message from the Lord Chief Justice: latest COVID-19 restrictions (5 January 2021): https://www.judiciary.uk/ announcements/message-from-the-lord-chief-justice-latest-covid-19- restrictions/ [accessed 5 February 2021] 53 HMCTS, Crown Courts that have resumed jury trials (29 January 2021): https://www.gov .uk/government/publications/crown-courts-that-have-resumed-jury-trials [accessed 1 February 2021] 54 HMCTS, Courts and tribunals additional capacity during coronavirus outbreak: Nightingale courts , (11 March 2021): https ://www.gov.uk/guidance/courts-and-tribunals-additional-capacity-during -coronavirus-outbreak-nightingale-courts [accessed 15 March 2021] 55 Q 1 (Rt Hon Lord Burnett of Maldon) 56 Q 19 (Professor Dame Hazel Genn) 57 Courts and tribunals reported that the numbers of cases heard each day in England and Wales with the use of audio and video technology increased from under 1,000 in the last week of March 2020 to approximately 3,000 by mid-April. HMCTS, ‘Courts and tribunals data on audio and video technology use during coronavirus outbreak’, (30 April 2020): https://www.gov.uk/guidance/courts-and -tribunals-data-on-audio-and-video-technology-use-during-coronavirus-outbreak [accessed 1 February 2021] 58 Q 132 (Rt Hon Robert Buckland QC MP) 59 A cloud-based video platform is an internet-based video meeting service that works like Skype or Zoom. 60 Criminal Justice Chief Inspectors, Impact of the pandemic on the Criminal Justice System (13 January 2021): https://www.justiceinspectorates.gov.uk/ cjji/wp-content/uploads/sites/2/2021/01/2021-01-13-State-of-nation.pdf [accessed 1 February 2021] 61 Q 19 (Professor Dame Hazel Genn), Q 40 (Dr Natalie Byrom), Q 92 (Carol Storer OBE), Q 105 (Simon Davis), and Q 105 (Caroline Goodwin QC). See, also, Criminal Justice Chief Inspectors, Impact of the pandemic on the Criminal Justice System (13 January 2021): https:// www.justiceinspectorates.gov.uk/cjji/wp-content/uploads/sites/2/2021/01/2021-01-13- State-of-nation.pdf [accessed 1 February 2021] 62 Q 1 (Rt Hon Lord Burnett of Maldon) 63 Q 1 (Rt Hon Lord Burnett of Maldon). See, also, Q 19 (Professor Richard Susskind OBE). 64 Q 132 (Rt Hon Robert Buckland QC MP) 65 Written evidence from the Transparency Project ( CIC0019 ) and the Public Law Project ( CIC0038 ) 66 The Civil Justice Council and the Legal Education Foundation, The impact of Covid-19 measures on the civil justice system: Report and recommendations (May 2020): https://research.thelegaleducationfoundation.org/research-learning/funded- research/the-impact-of-covid-19-measures-on-the-civil- justice-system-report-and-recommendations [accessed 1 February 2021] 67 Q40 (Dr Natalie Byrom) 68 Q 7 (Rt Hon Lord Burnett of Maldon) 69 Written evidence from the Supreme Court of the United Kingdom ( CIC0024 ). See, also, ‘The Future of Courts’, The Practice , vol 6(5), July/August 2020: https://thepractice. law.harvard.edu/article/the-future-of-courts/ [accessed 1 February 2021] 70 Q 40 (Dr Natalie Byrom) 71 Nuffield Family Justice Observatory, Remote hearings in the family justice system : reflections and experiences: follow-up consultation (September 2020): https://www .nuffieldfjo.org.uk/app/nuffield/files-module/local/documents/remote _hearings_sept_2020.pdf [accessed 4 March 2021] 72 Written evidence from the Public Law Project ( CIC0038 ) and the Council of Her Majesty’s Circuit Judges ( CIC0039 ) 73 Nuffield Family Justice Observatory, Remote hearings in the family justice system: a rapid consultation (May 2020): https://www.nuffieldfjo.org.uk/app /nuffield/files-module/local/documents/nfjo_remote_hearings_20200507-2-.pdf [accessed 1 February 2021] 74 Written evidence from the Council of Her Majesty’s Circuit Judges ( CIC0039 ) and Q 105 (Derek Sweeting QC) 75 Written evidence from the Crown Prosecution Service ( CIC0036 ) 76 Written evidence from the Council of Her Majesty’s Circuit Judges ( CIC0039 ) 77 Ibid. 78 The Civil Justice Council and the Legal Education Foundation, The impact of Covid-19 measures on the civil justice system: Report and recommendations (May 2020): The impact of Covid- 19 measures on the civil justice system: Report and recommendations [accessed 24 August 2020] 79 Written evidence from the Public Law Project ( CIC0038 ), the Association of Chief Trading Standards Officers and National Trading Standards ( CIC0005 ) and Transport for London ( CIC0016 ) 80 Q 94 (Cris McCurley) 81 Written evidence from the Council of Her Majesty’s Circuit Judges ( CIC0039 ) 82 Q 43 (Dr Natalie Byrom) 83 Written evidence from the Council of Her Majesty’s Circuit Judges ( CIC0039 ) 84 Q 40 (Dr Natalie Byrom) 85 Written evidence from Citizens Advice Stevenage ( CIC0021 ) 86 Written evidence from the Association of Chief Trading Standards Officers and National Trading Standards ( CIC0005 ), and the Public Law Project ( CIC0038 ) 87 Written evidence from the Public Law Project ( CIC0038 ) 88 Written evidence from the Chartered Institute of Legal Executives ( CIC0025 ) 89 HMCTS, ‘Using remote hearings to maintain justice during the coronavirus pandemic’, (30 April 2020): https://insidehmcts. blog.gov.uk/2020/04/30/using-remote-hearings-to-maintain-justice- during-the-coronavirus-pandemic/ [accessed 4 March 2021] 90 HMCTS, Video Remand Hearings (31 October 2019): https://assets.publishing.service .gov.uk/government/uploads/system/uploads/attachment_data/file/844906 /Video_Remand_Hearings_handout.pptx [accessed 16 February 2021] 91 ‘HMCTS research highlights challenges of virtual justice’, Law Society Gazette (11 September 2018): https://www.lawgazette.co.uk/practice/hmcts -research-highlights-challenges-of-virtual-justice/5067497.article [accessed 4 March 2021] 92 Oral evidence taken before the Justice Committee on 1 December 2020 (Session 2019-21) Q 103 (Rt Hon Robert Buckland QC MP) 93 ‘Police forces pull support for virtual remand hearings’, Law Society Gazette (19 October 2020): https ://www.lawgazette.co.uk/news/police-forces-pull-support-for -virtual-remand-hearings/5106062.article [accessed 1 February 2021] 94 Oral evidence taken before the Justice Committee on 1 December 2020 (Session 2019-21) Q 103 (Rt Hon Robert Buckland QC MP) 95 Oral evidence taken before the Justice Committee on 12 January 2021 (Session 2019-21) Q 49 (Richard Miller) 96 Criminal Justice Chief Inspectors, Impact of the pandemic on the Criminal Justice System (13 January 2021): https://www.justiceinspectorates.gov .uk/cjji/wp-content/uploads/sites/2/2021/01/2021-01-13-State-of-nation .pdf [accessed 1 February 2021] 97 See, for example, Q 22 (Professor Richard Susskind OBE). 98 Q 109 (Derek Sweeting QC) and written evidence from Transform Justice ( CIC0001 ) and the Crown Prosecution Service ( CIC0036 ) 99 Written evidence from the Association of Chief Trading Standards Officers and National Trading Standards ( CIC0005 ), and Professor Gráinne McKeever ( CIC0009 ) 100 Q 109 (Caroline Goodwin QC), Q 109 (Derek Sweeting QC), Q 109 (Simon Davis) and written evidence from the Crown Prosecution Service ( CIC0036 ), Transform Justice ( CIC0001 ), the Association of Chief Trading Standards Officers and National Trading Standards ( CIC0005 ) and the Council of Her Majesty’s Circuit Judges ( CIC0039 ) 101 Written evidence from the Crown Prosecution Service ( CIC0036 ) 102 Written evidence from Transform Justice ( CIC0001 ) 103 Written evidence from the Sheffield ME and Fibromyalgia Group ( CIC0013 ) 104 Q 134 (Susan Acland-Hood) 105 Written evidence from the Association of Chief Trading Standards Officers and National Trading Standards ( CIC0005 ) and Q 109 (Simon Davis) 106 Written evidence from the Public Law Project ( CIC0038 ) 107 Nuffield Family Justice Observatory, Remote hearings in the family justice system: a rapid consultation (May 2020): https:// www.nuffieldfjo.org.uk/app/nuffield/files-module/local/documents/ nfjo_remote_hearings_20200507-2-.pdf [accessed 1 February 2021] 108 Written evidence from Dr Kate Leader ( CIC0011 ) 109 Q 44 (Dr Natalie Byrom) 110 Q 109 (Derek Sweeting QC) 111 Q 4 (Rt Hon Lord Burnett of Maldon), Q 110 (Derek Sweeting QC), Q 19 (Professor Dame Hazel Genn), Q 94 (Carol Storer OBE), Q 96 (Cris McCurley) and written evidence from Professor Gráinne McKeever ( CIC0009 ) and the Association of Chief Trading Standards Officers and National Trading Standards ( CIC0005 ), Q 23 (Professor Dame Hazel Genn) 112 Written evidence from the Equality and Human Rights Commission ( CIC0037 ). See, also, Q 109 (Caroline Goodwin QC) and written evidence from the Association of Chief Trading Standards Officers and National Trading Standards ( CIC0005 ). 113 Written evidence from the Council of Her Majesty’s Circuit Judges ( CIC0039 ) 114 Q 44 (Dr Natalie Byrom), Q 96 (Carol Storer OBE) and Q 106 (Derek Sweeting QC) 115 Q 94 (Cris McCurley) 116 Written evidence from Council of Her Majesty’s Circuit Judges ( CIC0039 ) 117 Written evidence from Transform Justice ( CIC0001 ) 118 Written evidence from Professor Gráinne McKeever ( CIC0009 ), a Benefits Advisor ( CIC0044 ) and Citizens Advice Stevenage ( CIC0021 ) 119 Q 134 (Rt Hon Robert Buckland QC MP) 120 Ministry of Justice, More support for those representing themselves in court (19 August 2020): https://www.gov.uk/government/news/more-support-for- those-representing-themselves-in-court [accessed 1 February 2021] 121 Written evidence from Sheffield ME and Fibromyalgia Group ( CIC0013 ) and the Crown Prosecution Service ( CIC0036 ) 122 Written evidence from Mischon de Reya LLP ( CIC0023 ) 123 Written evidence from Transform Justice ( CIC0001 ), Sheffield ME and Fibromyalgia Group ( CIC0013 ) and the Public Law Project ( CIC0038 ) 124 Q 20 (Professor Richard Susskind OBE), written evidence from the Public Law Project ( CIC0038 ), Dr Kate Leader ( CIC0011 ) and Transform Justice ( CIC0001 ) 125 Q 24 and Q 25 (Professor Dame Hazel Genn) 126 Written evidence from a Benefits Advisor ( CIC0044 ) 127 Q 42 (Dr Natalie Byrom) 128 Nuffield Family Justice Observatory, Remote hearings in the family justice system: a rapid consultation (May 2020): https://www.nuffieldfjo. org.uk/app/nuffield/files-module/local/documents/nfjo_remote_ hearings_20200507-2-.pdf [accessed 1 February 2021] 129 Q 99 (James Sandbach) 130 Q 19 (Professor Dame Hazel Genn) 131 Q 21 (Professor Dame Hazel Genn), Q99 and Q100 (Carol Storer, Cris McCurley), Q100 (James Sandbach) 132 Q 99 (Carol Storer OBE) 133 Q 100 (James Sandbach) 134 Written evidence from the Law Society of England and Wales ( CIC0028 ) 135 Q 107 (Simon Davis) 136 Q 107 (Caroline Goodwin QC) 137 The Bar Council, Whole Bar Survey July 2020: Summary of findings (27 July 2020): https://www.barcouncil.org.uk/ uploads/assets/4fb6e80c-5e2c-4cb3-859547bf9f82d946/Bar-Survey-Summary-Findings-July-2020.pdf [accessed 1 February 2021] 138 Q 107 (Derek Sweeting QC) 139 Q16 (Rt Hon Lord Burnett of Maldon) 140 Q 138 (Rt Hon Robert Buckland QC MP) 141 Ministry of Justice, More support for those representing themselves in court (19 August 2020): https://www. gov.uk/government/news/more-support-for-those-representing-themselves- in-court [accessed 1 February 2021] 142 Ministry of Justice, £50 million for legal aid sector (21 August 2020): https ://www.gov.uk/government/news/50-million-for-legal-aid -sector [accessed 1 February 2021] 143 Written evidence from Tristan Kirk ( CIC0042 ) 144 Written evidence from the Public Law Project ( CIC0038 ) and Transform Justice ( CIC0001 ), and Q 40 (Dr Natalie Byrom) 145 Written evidence from Tristan Kirk ( CIC0042 ) 146 Written evidence from Transform Justice ( CIC0001 ) 147 The Civil Justice Council and the Legal Education Foundation, The impact of Covid-19 measures on the civil justice system: Report and recommendations (May 2020): https://research.thelegaleducationfoundation.org/research-learning/funded-research/the -impact-of-covid-19-measures-on-the-civil-justice-system -report-and-recommendations [accessed 1 February 2021] 148 Q 40 and Q 45 (Dr Natalie Byrom) 149 Written evidence from the Transparency Project ( CIC0019 ) 150 Written evidence from the Public Law Project ( CIC0038 ) 151 Written evidence from Tristan Kirk ( CIC0042 ) 152 Ibid. < Back Next > © Parliamentary copyright 2021 A-Z index Glossary Contact us Freedom of Information Jobs Using this website Copyright Privacy notice Cookie policy Cookie Manager House of Lords - COVID-19 and the Courts - Select Committee on the Constitution Accessibility Email alerts RSS feeds Contact us Home Parliamentary business MPs, Lords & offices About Parliament Get involved Visiting Education House of Commons House of Lords What's on Bills & legislation Committees Publications & records Parliament TV News Topics You are here: Parliament home page > Parliamentary business > Publications and Records > Committee Publications > All Select Committee Publications > Lords Select Committees > Constitution > Constitution COVID-19 and the Courts Contents Chapter 3: Managing the backlog