Court reform programme shows positive progress

The HM Courts and Tribunals Service Reform Programme has made strides, but challenges in the system persist

As the HM Courts and Tribunals Service (HMCTS) Reform Programme approaches its conclusion, the Law Society of England and Wales has been instrumental in facilitating meaningful changes within the courts and tribunal system. Over the course of the nine-year initiative, 14 modern digital services have been created, enabling a more accessible path to justice for the public, with over 4.1 million cases submitted digitally since April 2019. The Law Society has engaged with its members through working groups and projects, such as the online court services research initiative, sharing valuable insights with HMCTS to enhance ongoing reforms.

“While the Law Society has been broadly supportive of the Reform Programme, it has not been without its challenges,” said Law Society president Richard Atkinson. He further stated, “A modernised court and tribunal service could benefit all users provided it does not come at the expense of justice. That’s the reason why the Law Society has been consistent in ensuring issues regarding digitisation and physical court and tribunal functionality were sufficiently addressed."

Despite this support, concerns regarding the state of the court estate have emerged. Research revealed that in 2022, over 60 per cent of solicitors surveyed encountered delays in cases attributed to the court estate's deteriorating condition. In response, substantial funding has been allocated to upgrade these facilities to meet contemporary standards. However, findings from the Law Society’s online courts services research indicate that more than 50 per cent of solicitors believe the online portals are failing to deliver justice effectively, exacerbating delays within the system.

“Our aim has always been to ensure that modernisation and digitalisation of the courts and tribunals continues and that increasing access to justice is at the heart of all changes made,” added Atkinson. He concluded, “We need to reinvent a justice system that is accessible to everyone, the public and legal professionals alike. There is still much more to be done and we will continue to work with HMCTS to ensure our courts and tribunals are fit-for-purpose for a 21st Century justice system."