MPs “seriously concerned” about further delays to Court Reform Programme
The Public Accounts Committee has asked HM Courts & Tribunals Service (HMCTS) to prove that its plans for implementing the Court Reform Programme "are now realistic and will not require further resets" following a string of delays.
In a report into the reform programme, the committee said it was "seriously concerned" HMCTS was still behind on delivery, noting that the delays had resulted from "consistent underestimation of the scale and complexity of these reforms".
Announcing a delay to the reforms programme in March, HMCTS acknowledged that "trying to change too much, too quickly has undermined confidence at times" during the implementation of the programme.
It also blamed the impact of the pandemic for the three delays that the project has been struck with since its launch in 2016.
The reforms include a new digital case-management system, the 'Common Platform', but the delivery of this is now expected in March 2025, more than a year later than planned.
"Despite having just £120m left of its total £1.3bn budget, HMCTS has only completed 24 of 44 reform projects," the committee said.
The committee heard of issues with the online portal for the family law public service, which has meant solicitors have not received the necessary notifications and reports of issues with the portal causing significant delays to cases.
It argued that HMCTS' failure to engage with court users on the roll-out also increased the burden on pressured courts and staff.
"The PAC is disappointed that court users still did not feel properly heard by HMCTS, despite past assurances that it would do more to ensure staff and stakeholders felt listened to."
The report warned that HMCTS risks undermining public confidence in the fairness of the justice system if it does not take action on assessments it made in November 2022 on access to justice.
In light of its findings, the committee recommended, among other things, that HMCTS sets out how it will improve its approach to engagement and transparency to ensure that staff and stakeholder concerns are responded to adequately.
Dame Meg Hillier MP, Chair of the Committee, said: "Our courts were already stretched thin before the pandemic, and the backlogs now faced pose a real threat to timely access to justice. These are services crying out for critical reform, but frustratingly HM Courts & Tribunal's attempts appear in some cases to be actively hindering its own staff's ability to carry out their jobs. In particular, the roll-out of the Common Platform digital system was a blow upon a bruise for pressured court users."
She added: "We would expect HMCTS to appreciate by now that complex reform such as this cannot be properly implemented while failing to engage with those impacted, but our report paints a picture of a service now rushing to introduce its plans following multiple delays.
"HMCTS has now burnt through almost its entire budget for a programme of reform only a little over halfway complete. The Government told us that the complexity of managing some of these reforms was like 'redesigning the jet engine while it is in flight'. It must explain how it intends to land the plane."
Responding to the criticism, a HMCTS spokesperson said: We are modernising our courts so they are fit for the 21st Century and the digital services we have introduced have been used over two million times.
“The Common Platform is a vital part of this reform, replacing old systems that are fragmented and unsustainable, but we have listened to our staff, partners and those using the system in order to make its roll-out smoother."
The spokesperson added: “We will consider the findings of this report and are already acting on many of its recommendations, including ensuring we’re using lessons learned so far to improve the remainder of the programme.”
Nick Vineall KC, Chair of the Bar Council, said: “The Public Accounts Committee’s criticisms of the Court Reform Programme echo the experiences we hear from barristers, especially in relation to Common Platform. To date, the programme has not delivered on its promise of saving time and costs. In some cases, the introduction of Common Platform has slowed the system down, reducing court capacity.
“Looking forward there needs to be a culture shift at HMCTS which leads to earlier and better engagement with those who will actually use the new systems, and that includes barristers.
“We all have a shared interest in making Common Platform a success and we will continue to engage constructively with HMCTS to try to make this long overdue system work properly.”
Adam Carey
