Law Society issues five-point plan to resolve "chaos" in courts
The Law Society has published a five-step programme aimed at resolving backlogs in the court system, which includes a call for greater funding, reliable technology and better data collection.
The backlog in the Crown Courts now stands at more than 63,000 cases, while care cases in the family court can take an average of 49 weeks to be dealt with, Government data show. It is estimated that it could take the family courts three years to get back to the pre-pandemic backlog level.
To tackle this, the Law Society has recommended implementing the following five-step programme:
- Invest in buildings, staff and judges
- Properly fund legal aid
- Keep cases out of the courtroom
- Reliable technology
- Better data collection
The report detailing the Law Society’s recommendations said: “With the right, urgent action, this bleak situation can be reversed.”
It added: “By targeting investment effectively and applying technology, we can ensure that no one - victim, defendant, firm or family - has to face an unacceptable wait for their day in court.”
Leaking courtrooms, suspended repairs, missing staff and judges, and crumbling buildings all lead to cases being delayed, according to The Law Society. "By investing in repairs, courtrooms can be run efficiently to their full capacity, which will reduce the courts backlog."
The second step – 'properly funded legal aid' – also had a financial element. The Law Society contended that without remunerating solicitors properly, "there will never be enough legal aid firms to handle cases, leading to delays in both our criminal and civil courts".
It also called for the 15% recommended by the Independent Review of Criminal Legal Aid to be implemented in full, while civil legal aid rates should be raised for the first time since 1994.
By funding legal aid for early advice and making more people eligible for it, civil claimants can speak to a lawyer who will be able to direct them to alternative remedies, like mediation, the Law Society added. This will save court time for the most complex and intractable cases.
Reliable technology can meanwhile drive efficiency in the courts, saving time for lawyers and judges, the Law Society argued. "However, rolling out unfinished or untested software drives delays and costs. Much of the HMCTS reform programme was paused during the pandemic, but the completion dates remain unchanged. These should be adjusted, so that they are realistic and achievable."
The final step – 'better data collection' – is needed so that policy is not being "made in the dark", Chancery Lane said. It specifically called for better data on the effect of remote hearings and the experience of claimants who represent themselves.
The recommendations are based on research including a survey with over 500 solicitors.
Adam Carey
