The Justice Committee today reports serious concerns that the
courts and tribunals modernisation programme risks excluding the
most vulnerable in our society from access to justice.
Committee Chair MP said:
“We understand that courts and
tribunals are strained to breaking, with systems that ever more
people are having to try to navigate for themselves. Court staff
and the judiciary are trying hard to improve services in the face
of underfunding and cuts. But we are concerned that a vulnerable
person – a victim of crime, a woman seeking an order to protect
her children, a person with learning difficulties – could be left
trying to negotiate enough time at a library to file papers or
tune in to an evidence hearing where they are trying to get
justice.
“In the kinds of cases heard in many courts, both victim
and perpetrator may have recognised vulnerabilities and find it
difficult to understand or participate in the process or exercise
their right to be heard. The Ministry must halt planned deep
staff cuts in court buildings until it is confident it can
provide a proper alternative service, and end further court
closures until the past effect of closing courts on the people
who use them has been properly assessed.
“It is the heart, an essential and fundamental principle of
our entire justice system that it is open to all. That must be a
reality, not a nice idea. We understand and support the principle
that modernisation is overdue. But we ask the Government to pause
for breath to make sure that everyone of us who needs the court
system - to manage a divorce, to seek fair payment,
or to get through family cases and criminal cases - must be
able to get to court, to access justice, where and when they need
to.”
The modernisation programme, led by the Ministry of Justice
and senior Judges, aims to modernise court processes, introducing
more IT and video hearings while closing existing magistrates
court and other court buildings.
But MPs have heard that court users with limited access to
computers, poor literacy or limited understanding of how the law
works could be disadvantaged and potentially left going through a
court or tribunal case with no legal advice.
The Committee calls, in its Report today on Court
and Tribunal Reforms, for more face-to-face advice for those
who need it. It supports retention of paper-based processes
for people who don’t have access to a computer or phone, and says
the Ministry of Justice should re-think new guidelines on how
long victims and witnesses can be expected to spend getting to
and from and attending trials: this can currently be up to 12
hours a day.
The Committee recognises the great potential that
electronic systems have to deliver more efficient and effective
outcomes for those that can access them, and that modernisation
is desperately needed. But it cannot be at the expense of
shutting off justice for those who might be left behind. The
cross-party Committee says instead it is time for remaining court
buildings to be improved and repaired, particularly for disabled
court users, and notes that even for those able to use it, video
equipment and WiFi cannot be relied upon to the end of serving
justice.
