Asked by: Robert Neill (Conservative - Bromley and Chislehurst)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he has had recent discussions with criminal barristers on the adequacy of the Common Platform.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
HMCTS is accountable to, and regularly engages with, the Lord Chancellor on Common Platform. The Lord Chancellor sees court reform as a top departmental priority, and is fully committed to engaging with the legal profession on all the department’s priorities, including Common Platform. He is looking forward to meeting with representatives of the Criminal Bar Association in mid-July to discuss the priorities that they wish to engage on.
Throughout the rollout of Common Platform, we have engaged extensively with the defence community on the wider reform landscape and the design of Common Platform functionality. We have done this through a range of formal engagement groups with representatives from the defence community. The feedback we have received has been extremely valuable and provided a wealth of information that has been fed into our designs. Defence practitioner input is particularly important for informing the next phase of implementation which will bring significant changes and improved functionality for the judiciary, counsel, and other parties in the Crown Court.
Asked by: Robert Neill (Conservative - Bromley and Chislehurst)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will make an assessment of the adequacy of the Common Platform for enabling barristers to transfer cases without a transfer being undertaken by a defence solicitor.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
Phase 1 of Common Platform was not designed for the use of Crown Court judges or barristers. It replaces the systems used by HMCTS staff in the Crown and magistrates’ courts and is used by magistrates’ court users to view case materials.
Phase 2 of Common Platform will introduce new functionality that will enable Crown Court cases to be handled on Common Platform. Until then the Crown Court Digital Case System (DCS) continues to be the single document repository for Crown Court Cases. Barristers are expected to continue accessing the information they need from DCS and do not need to access Common Platform other than to check into a case when arriving at the hearing.
Having worked with defence practitioners throughout the design stage of the programme, we were aware that once Crown Court cases are fully managed on Common Platform, there is a requirement for barristers to be able to give access to cases to other barristers, at short notice and at unsociable hours. This requirement was intended to be met when other Phase 2 functionality is introduced.
The absence of this flexibility in Phase 1 does mean that if a case changes hands at short notice, counsel attending the hearing may not be able to check into the case, and a process has been put in place for court staff to complete the check-in on their behalf in this scenario.
In early April 2023 we learned that, despite all the above, the inability to reassign cases was causing issues for barristers.
Now that we are aware of the issue, the functionality to enable greater flexibility has been reprioritised and will be delivered sooner than planned. The development teams are analysing this change now and we should soon be able to provide a time estimate for its release.
We are grateful that this issue was raised with us, and welcome further feedback to improve the Common Platform for all our users.
Asked by: Robert Neill (Conservative - Bromley and Chislehurst)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether his Department has invited (a) barristers and (b) solicitors to (i) access test cases and (ii) test other aspects of the Common Platform system.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
Whenever new functionality is developed for Common Platform, it goes through several stages of testing. For significant changes, we ensure the functionality is tested by the main groups of users who are most impacted by the system, and rigorously test it in early adopter courts to ensure it is suitable for use in a live court environment.
A handful of solicitors were invited to test the new functionality for the digitalisation of the Pre-Trial Preparation and Better Case Management forms late last year. The feedback provided gave valuable insight into the usability of the forms by practitioners.
Now that we are planning the next phase of implementation, where barristers are a critical user group, we are enhancing their role in our implementation approach. In addition to the existing opportunities they have to provide their input on design, we plan on providing opportunities for barristers to join sessions to test the system and we will be issuing further communications to raise awareness on that approach soon.
We will be undertaking user acceptance testing with defence advocates, including barristers, as we did in November 2022 before moving the Preparation for Effective Trials and Better Case Management forms to a digital format.
Asked by: Robert Neill (Conservative - Bromley and Chislehurst)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what plans his Department has to ensure a smooth rollout of the Common Platform in Crown Courts.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
We are already live in 67 Crown Courts with 10 remaining, and we have learnt and adjusted our approach in the ways of working with the Judiciary and CJS partners. To date 369,447 cases have been accepted onto the Common Platform, and 521,812 hearings have been managed on Common Platform in the Crown Court.
We recognise introducing a new digital system and business processes is challenging and we are working with Judiciary and CJS partners to embed the changes.
Common Platform has been designed for its users, incorporating their experiences and feedback at every stage. Experienced staff and Judges have been directly involved throughout the design, testing and implementation of Common Platform. Their knowledge and expertise have been instrumental in developing the system.
We have a Defence Practitioners Working Group and a Judicial Working Group who have been closely involved in the design of the functionality and how it will be used. We started with discussions about what requirements users have, then mocked these up into visual images for validation with our users, and to ensure we’ve correctly interpreted their requirements. Once the designs are finalised, the functionality is developed. As soon as functionality has been developed, we have arranged demonstrations for users. We are now organising User Acceptance Testing and training, as well as opportunities for users to come and see the new functionality in order to get an idea of the look and feel of it. We are also planning to bring some pieces of functionality to early adopter courts before rolling out wider. Once new functionality has been implemented, we have a robust feedback process in place to ensure any issues are identified and resolved quickly.
Feedback from Common Platform users is important for us to make implementation as smooth as possible. We have a newly established feedback process to capture concerns and suggestions from staff and this has improved the way we manage feedback and keep them directly updated on how it is being used, through a range of measures. These include a new digital form, monthly feedback webinars, and allocating senior sponsors to all regions to act as independent escalation points.
Asked by: Robert Neill (Conservative - Bromley and Chislehurst)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent assessment he has made of the effect of divorce on people's mental health; and what steps his Department is taking to help reduce that effect.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The Government has made a landmark change to the law on divorce with the Divorce, Dissolution and Separation Act 2020. We are working to implement it so that the legal process for divorce does not incentivise conflict. By making an applicant or applicants’ statement conclusive evidence of the irretrievable breakdown of a marriage or civil partnership, we are removing the need to establish conduct or separation-based facts and for the drafting of supporting particulars.
We want to encourage positive, non-confrontational approaches to resolving problems before they reach the courts. This includes separating parents who are in conflict. In December 2020, we issued a statement on behalf of the Family Justice Board that sets out our immediate and longer-term reform priorities for the family justice system. This includes testing an earlier gateway to court to offer families a more rounded assessment of the needs of children and their families, and an improved offer for non-adversarial problem solving. This Government is committed to ensuring couples and parents can navigate the family justice system and understand the different options available to resolve their disputes, including out-of-court options such as mediation where they are safe and appropriate.
Asked by: Robert Neill (Conservative - Bromley and Chislehurst)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to raise awareness of out-of-court alternatives for couples seeking divorce.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The Government has made a landmark change to the law on divorce with the Divorce, Dissolution and Separation Act 2020. We are working to implement it so that the legal process for divorce does not incentivise conflict. By making an applicant or applicants’ statement conclusive evidence of the irretrievable breakdown of a marriage or civil partnership, we are removing the need to establish conduct or separation-based facts and for the drafting of supporting particulars.
We want to encourage positive, non-confrontational approaches to resolving problems before they reach the courts. This includes separating parents who are in conflict. In December 2020, we issued a statement on behalf of the Family Justice Board that sets out our immediate and longer-term reform priorities for the family justice system. This includes testing an earlier gateway to court to offer families a more rounded assessment of the needs of children and their families, and an improved offer for non-adversarial problem solving. This Government is committed to ensuring couples and parents can navigate the family justice system and understand the different options available to resolve their disputes, including out-of-court options such as mediation where they are safe and appropriate.
Asked by: Robert Neill (Conservative - Bromley and Chislehurst)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to promote access to early legal advice for divorcing couples.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
We spent £1.7bn in 2019 on Legal Aid to ensure vulnerable people have access to proportionate legal advice and support and that we minimise the burden on courts and tribunals.
Legal aid is available for private family matters where an applicant is a victim of, or at risk of being a victim of domestic abuse or child abuse, subject to the means and merits criteria. The Exceptional Case Funding scheme provides legal aid in cases which fall out of scope. It provides legal aid where without it there would be a breach, or risk of a breach of, human rights, subject to the statutory means and merits test.
But legal aid is only one part of a broader picture. As set out in our Legal Support Action plan, there are other forms of support that can help people overcome their problems, such as legal information, guidance and signposting so that everyone can access justice in a way that best meets their needs.
In April we also launched the new, two-year, £3.1m Legal Support for Litigants in Person Grant, which is designed to fund services provided at local, regional and national levels with the aim of understanding more about how they can combine to help people. This new grant funding is in addition to the more than £9m that the MoJ has invested in support for litigants in person since 2015 through our existing Litigants in Person Support Strategy.
Her Majesty’s Courts and Tribunals Service has established 17 Nightingale courts across England and Wales, providing 32 additional court rooms, and are recruiting more staff.
Judicial sitting days in the family court have been increased and approximately £3.5m additional funding has helped Cafcass increase staffing levels to respond to record levels of open cases.
Asked by: Robert Neill (Conservative - Bromley and Chislehurst)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment his Department has made of the effect of reductions in legal aid on access to professional or legal support for divorcing couples.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
We spent £1.7bn in 2019 on Legal Aid to ensure vulnerable people have access to proportionate legal advice and support and that we minimise the burden on courts and tribunals.
Legal aid is available for private family matters where an applicant is a victim of, or at risk of being a victim of domestic abuse or child abuse, subject to the means and merits criteria. The Exceptional Case Funding scheme provides legal aid in cases which fall out of scope. It provides legal aid where without it there would be a breach, or risk of a breach of, human rights, subject to the statutory means and merits test.
But legal aid is only one part of a broader picture. As set out in our Legal Support Action plan, there are other forms of support that can help people overcome their problems, such as legal information, guidance and signposting so that everyone can access justice in a way that best meets their needs.
In April we also launched the new, two-year, £3.1m Legal Support for Litigants in Person Grant, which is designed to fund services provided at local, regional and national levels with the aim of understanding more about how they can combine to help people. This new grant funding is in addition to the more than £9m that the MoJ has invested in support for litigants in person since 2015 through our existing Litigants in Person Support Strategy.
Her Majesty’s Courts and Tribunals Service has established 17 Nightingale courts across England and Wales, providing 32 additional court rooms, and are recruiting more staff.
Judicial sitting days in the family court have been increased and approximately £3.5m additional funding has helped Cafcass increase staffing levels to respond to record levels of open cases.
Asked by: Robert Neill (Conservative - Bromley and Chislehurst)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the potential effect of improved early access to professional advice for divorcing couples on conflict and the mental health of those involved.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
We spent £1.7bn in 2019 on Legal Aid to ensure vulnerable people have access to proportionate legal advice and support and that we minimise the burden on courts and tribunals.
Legal aid is available for private family matters where an applicant is a victim of, or at risk of being a victim of domestic abuse or child abuse, subject to the means and merits criteria. The Exceptional Case Funding scheme provides legal aid in cases which fall out of scope. It provides legal aid where without it there would be a breach, or risk of a breach of, human rights, subject to the statutory means and merits test.
But legal aid is only one part of a broader picture. As set out in our Legal Support Action plan, there are other forms of support that can help people overcome their problems, such as legal information, guidance and signposting so that everyone can access justice in a way that best meets their needs.
In April we also launched the new, two-year, £3.1m Legal Support for Litigants in Person Grant, which is designed to fund services provided at local, regional and national levels with the aim of understanding more about how they can combine to help people. This new grant funding is in addition to the more than £9m that the MoJ has invested in support for litigants in person since 2015 through our existing Litigants in Person Support Strategy.
Her Majesty’s Courts and Tribunals Service has established 17 Nightingale courts across England and Wales, providing 32 additional court rooms, and are recruiting more staff.
Judicial sitting days in the family court have been increased and approximately £3.5m additional funding has helped Cafcass increase staffing levels to respond to record levels of open cases.
Asked by: Robert Neill (Conservative - Bromley and Chislehurst)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the potential benefits to the (a) public purse and (b) court system of ensuring legal aid is accessible in family law cases.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
We spent £1.7bn in 2019 on Legal Aid to ensure vulnerable people have access to proportionate legal advice and support and that we minimise the burden on courts and tribunals.
Legal aid is available for private family matters where an applicant is a victim of, or at risk of being a victim of domestic abuse or child abuse, subject to the means and merits criteria. The Exceptional Case Funding scheme provides legal aid in cases which fall out of scope. It provides legal aid where without it there would be a breach, or risk of a breach of, human rights, subject to the statutory means and merits test.
But legal aid is only one part of a broader picture. As set out in our Legal Support Action plan, there are other forms of support that can help people overcome their problems, such as legal information, guidance and signposting so that everyone can access justice in a way that best meets their needs.
In April we also launched the new, two-year, £3.1m Legal Support for Litigants in Person Grant, which is designed to fund services provided at local, regional and national levels with the aim of understanding more about how they can combine to help people. This new grant funding is in addition to the more than £9m that the MoJ has invested in support for litigants in person since 2015 through our existing Litigants in Person Support Strategy.
Her Majesty’s Courts and Tribunals Service has established 17 Nightingale courts across England and Wales, providing 32 additional court rooms, and are recruiting more staff.
Judicial sitting days in the family court have been increased and approximately £3.5m additional funding has helped Cafcass increase staffing levels to respond to record levels of open cases.