b'Local Government Lawyer 13However, the biggest factor in deciding63% of professionals felt more neededrepresentative or other support to whether a hearing should be remote or into be done to ensure remote hearingsattend hearings remotely.person must be any potential impediment towere fair and worked smoothly There also needs to be more flexibility access to justice. If parties feel they cant fully83% of parents had concerns aboutaround the decision to list the hearing as participate and understand whats happening,how their case was dealt with remote or in-person, the study argued. At in-person hearings should be the default73% of parents did not feel supportedpresent, this decision is made by the judge format. during their hearing(s) or HMCTS staff. However, some lawyers have A July 2021 survey by Nuffield Family46% of parents did not have legalraised this as a concern, as hearings are often Justice Observatory (NFJO) highlighted therepresentation at all. remote by default. same elements outlined by the Law SocietyThe NFJO report also asked respondents when determining the suitability of remoteWhat can be done to ensure justiceif they had wanted to attend court and had hearings; the complexity of the case, accessduring remote hearings? been prevented from doing so. The majority to suitable technology, and the need forThe court systems are under extreme andof professionals (92%) said no, while 39% interpreters should all be considerable factors.continuous pressure, and while remoteof parents said they had wanted to attend While most of the 3,000+ lawyers, parentshearings have been useful in enabling thecourt but had been prevented from doing so. and family members included in the surveycourts to continue functioning and preventHowever, most respondents did agree that saw a continuing role for certain types offurther delays, this new approach cannotparents should have the deciding voice on the remote hearing, many felt it should be donecompromise justice and fairness.format to be used.on a case-by-case basis.While the NFJO study cannot speak for allPerhaps this final point is one thats worth The NFJO report outlined some of the keycourt systems, it is useful in highlighting whatholding ontogreater flexibility around concerns about the way remote hearings werecan be done to improve remote hearings.the decision to have hearings remotely or being run, such as hearings being arranged atSome worthwhile suggestions included inin-person would go a long way. While most short notice, insufficient information providedthe report were:would be happy to attend remote hearings in advance, hearings being rushed and courtEnsuring lay parties and theirthat are of an administrative nature, it cannot papers not being available.representatives were better prepared become the default for all. It also had some highly concerningChecking access to technology/links findings, including: beforehand Dylan Brown is the Content Marketing 33% of parents surveyed said theydProviding better written guidance toManager at LexisNexis UK.joined a hearing by phone, even ifparents and professionalsthe hearing was being held by videoImproving technologyconference (hinting at a lack ofProviding more places where parents suitable technology) could go to be with their legal'