Following its inquiry into the constitutional implications of
COVID-19, the House of Lords Constitution Committee has today
published the first of three reports on this subject: the impact
of COVID-19 on courts.
According to the Committee, COVID-19 has had a
devastating impact on courts and tribunals in England and Wales.
Case backlogs have reached record levels, leading to significant
delays to justice. The rapid adoption of remote hearings has
risked excluding vulnerable and non-professional court users. The
paucity of data collection and publication across the courts
system is undermining transparency and makes it harder to
diagnose deficiencies and improve access to justice. All of this,
say the Committee, is threatening to undermine access to justice
and public confidence in the justice system.
The report covers and makes recommendations on the
following areas:
Impact of remote hearings and issues raised
by backlog
The backlog of cases, which predated the pandemic,
has now reached record levels. In the criminal courts, this is
leading to lengthy waits for justice and a growing remand
population. The number of outstanding employment and family cases
has also grown significantly since the start of the pandemic,
further undermining access to justice and public faith in the
justice system.
The Committee recommends that the government set clear targets
for the reduction of the backlog and publishes a timeline for
meeting those targets. The Committee also recommends that further
funding be made available to HMCTS to increase Nightingale
courtrooms and sitting days.
Data in the courts
system
There are real concerns that remote hearings are
disadvantaging vulnerable and non-professional court users, as
well as those with protected characteristics. But the requisite
data to assess and address these concerns are not
available.
The Committee recommends that the Government make
clear commitments to data reform across the courts service,
prioritising the collation of data that will enable it to
identify the effects of remote hearings on non-professional and
vulnerable court users.
Role of technology in future of the justice
system
The measures put in place to tackle the spread of
COVID-19 have resulted in significant changes to the operation of
courts and tribunals across England and Wales. The uptake of
various technologies across the justice system, especially video,
has accelerated at unprecedented speed.
The Committee conclude that virtual proceedings were,
and continue to be, necessary to maintain the operation of the
justice system during the pandemic. However, the practical
challenges of remote hearings have risked undermining or
excluding participants and damaging access to justice. More
research is needed to ensure that any adverse effects of online
proceedings are mitigated and faith in the administration of
justice is maintained.
Baroness Taylor, Chair of the Constitution
Committee said:
“There has been a monumental effort by all working in
courts and tribunals to maintain a functioning justice system in
recent months. We applaud the hard work of all those who have
supported court users in these very difficult
circumstances.
“However, recognition of the significant achievements
in responding to the pandemic should not obscure the scale of the
challenges that the courts continue to face.
“The courts system was not well prepared for
disruption on the scale caused by the pandemic. Courts funding
had fallen significantly in real terms over the preceding decade
and a programme to modernise court technology was struggling to
deliver the improvements needed.
“There is much work to be done to address the
constitutional consequences of the pandemic for the courts. The
Government needs to renew its vision and increase the funding to
achieve it. For justice to be done, and be seen to be done,
considerable new effort and investment is
required.”
