Public interest corporation among options for revamped Courts Service

A public interest corporation is one option under consideration for a reformed HM Courts and Tribunals Service (HMCTS) but an outsourcing model has been ruled out, it has emerged.

In a joint letter to all judges on the progress of reforms, Justice Secretary Chris Grayling, Lord Chief Justice Lord Judge and Senior President of Tribunals Sir Jeremy Sullivan insisted that the provision of justice would remain a core function of the State.

They wrote: “There will be no erosion of the constitutional position of courts and tribunals or the constitutional principles which underpin the independent administration of justice.

“We are not and will not be exploring any options which will involve share holders, the making of a profit or surplus or contracting out or profit making on the basis of judicial and linked administrative functions, other than for the exclusive purpose of investing any surplus into the administration of justice.”

The letter added that no replacement organisation for HMCTS would be contemplated unless it was a body operated solely in the public interest.

The Justice Secretary, LCJ and Senior President said they had decided to reassess how best to ensure the continuing sustainability of the country’s courts and tribunal systems, the provision of modern services, and better value for the tax payer’s money.

They wrote: “Our courts are not always where they need to be and not always used to the full. Our buildings do not always offer modern, high quality facilities. Some are not properly accessible to all users. They should be better equipped to enable the business of the courts and tribunals to be conducted more efficiently.”

The letter said a variety of difficult decisions would be required as to the appropriate level at which fees were set and about how best to deliver access to justice and value for money for the taxpayer.

The authors pointed out that funds to modernise technology in the criminal courts had been secured and said digital working would be introduced.

But they admitted that there was “still some way to go before we have an IT system fit for purpose across the whole system”.

The letter said that, given the financial stringency which would be applied to HMCTS, “every realistic option” would be examined to provide greater reliability of funding for the administration of justice, greater planning certainty, and to facilitate investment in modernisation.

“We have been reflecting on whether it would be possible to ensure adequate investment and where consistent with the administration of justice, options to generate and retain additional income and capital for investment”, Grayling, Lord Judge and Sir Jeremy said.

“The examination of options is considering, for example, whether the current structures could be transformed, or whether an alternative structure, such as a more independent public interest corporation, would better ensure a sustainable future.”

The letter maintained that whatever model was eventually put forward for consideration, the only options which would be considered would be consistent with constitutional principle.