HM Courts and Tribunals Service
HMCTS: changing something that matters
Susan Acland-Hood describes how the HM Courts and Tribunals Service (HMCTS) reform programme is transforming the justice system.
About the author
Susan Acland-Hood is CEO of HM Courts and Tribunals Service.
I often talk and write about what a privilege it is to lead HMCTS. This sometimes causes surprise – after all, there are many things about the system that could be better than they are. However, fundamentally, what we do really matters: justice is the foundation of society, securing not just our safety, but our family life, our prosperity, and our freedom from arbitrary action by the state – and we have a once-in-a-generation chance to improve the way we run the system.
On my weekly visits to courts and tribunals across the country, I see dedicated, committed, passionate people working hard: people who care about the system they work in and understand its purpose. But I also see labour-intensive systems and processes which are paper-heavy, inefficient and outdated, and often mean that effort and commitment is not translated into a really good service, especially when resources are stretched.
The system is also often more complicated and confusing than it needs to be. At worst, the way it works can give the impression that we do not care about others’ time and effort. This is immensely frustrating, because I know how dedicated and hardworking my staff are. They, you and everyone who uses the courts, deserve better. We can make the system more straightforward, more accessible and more efficient for everyone.
In 2016, the then Lord Chancellor, the then Lord Chief Justice and the Senior President of the Tribunals set out their vision for transforming the justice system. Our £1bn reform programme - which covers every jurisdiction and will modernise our systems, buildings and ways of working - seeks to make that change.
Some of our reforms use better digital systems; but the technology is the servant, not the master, and the aim is always about making things more straightforward and accessible for the user, and more efficient overall. Already, our new technology is making a difference to how people can access justice.
The digital case system in the Crown Court has saved a mountain of paper 70 times the size of the Ministry of Justice headquarters.
Being able to make a plea for a traffic offence online rather than by post has meant more people respond, and fewer cases are ‘proved in absence’, which is a clear improvement in access to justice. Being able to give evidence via video link protects the vulnerable, but also makes it far easier for a witness to do the right thing without taking a whole day off work. Being able to track what is happening with your benefits appeal online, reduces anxiety and means that you do not have to phone up repeatedly just to find out what is going on.
And applying for a divorce online uses a system that helps you through the process, and stops common errors. In the old paper system, we sent back 40% of forms because they were confusing and so people often made mistakes; in our latest test digital system, the equivalent error rate is 0.7% - far better for people going through a stressful time, and better for court staff too, who do not have to check things multiple times - a perfect example of how we can make the system both less expensive and better.
The court estate is complex and varied. HMCTS is a relatively new organisation: it has hundreds of predecessors in the individual magistrates’ courts committees, as well as the old HM Courts Service and Tribunals Service. In many towns and cities we have multiple buildings, and the way the estate has grown up is not how you would organise it if you were planning it today. That means we spend more on our buildings than you would expect in an organisation our size, but also that we struggle to maintain them properly: our buildings can often be uncomfortable and difficult to use.
As the way people access justice changes, we want to take the opportunity to reshape our estate, leaving us with fewer but better buildings, and a better chance of keeping them in good condition. We have started to invest: some projects are big, such as the £8m refurbishment of Birmingham Civil Justice Centres and the £5.5m renovation of courts in Aylesbury. Others are much smaller, but can still make a difference. For example, in 2017-18 our annual capital maintenance budget of £35m was supplemented by an additional one-off fund of £5m to help us carry out wide-ranging, small quick fixes. Overall, nearly 250 sites benefitted from the funding, which saw almost 300 projects completed, ranging from new carpets and chairs in waiting rooms to refurbished receptions, plastering and painting, and mending broken fixtures and fittings. I know that these are only small works, but I hope that, for those of you who work in courts, they have a positive effect.
We are also reorganising ourselves, so that the way we work allows us to be as helpful and efficient as possible. Simple things like ensuring that we answer the telephone promptly and give consistent, clear and reliable help, as well as things like the ability to offer webchat help for filling in forms, and to follow up with text messages (and even maps of where to go) will make a big difference.
As part of this, we are setting up a number of professional Courts and Tribunals Service Centres, which will also help to progress cases and issue court orders quickly and reliably. We are already using some of the new phone and web technology in existing teams that do similar work, and the first fully fledged Service Centre will be up and running next year. Alongside the reorganisation, we are investing heavily in people’s skills. I am delighted that, as part of Apprenticeship Week 2018, we launched a legal apprenticeship scheme in partnership with CILEx. The scheme will see 15 HMCTS employees follow either the Paralegal Apprenticeship or enrol on the Chartered Legal Executive Apprenticeship Programme.
Representatives of CILEx are active members of our professional engagement groups, playing an important role in co-designing many of our new services. We are very grateful for the insight, scrutiny and constructive contribution that you bring. We know it requires time, resource and commitment, and the returns on this investment are often realised many months down the line.
We have acknowledged publicly that we could and should do more to listen to your views and to those of your profession. Over the last six months, we have started to do this with a series of roadshows around the country. CILEx helped to promote the events and I am very grateful to all those who came and shared their views.
Overall, we heard from hundreds of legal professionals up and down the country, both about reform in general and about some particular projects of interest. At the risk of making an all-too-short and sweeping statement, what we heard was that there is broad support for reform across the profession, but that you and your peers would like both more information and more opportunities to be involved; that you value the support and professionalism of frontline court employees; and that you would like to be able to exercise choice around some of our proposals (and that many of you have particular concerns around flexible hours). We are listening, and we are working hard to act on what you have told us.
We plan to continue this level of engagement, and would like to explore how we can also add online routes, which could enable more professionals from a wider geographic spread to get involved. Let us know what you think about this.
We have started a very ambitious programme of court reform, which aims to bring new technology and modern ways of working to what is – and will remain – the best justice system in the world.
The principles that underpin the system are enduring, but our systems and processes do not need to be as old as our principles. We are already making justice less confusing, easier to navigate and better at responding to people’s needs.