Asked by: Victoria Collins (Liberal Democrat - Harpenden and Berkhamsted)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent assessment his Department has made of delays in the probate system; and what steps are being taken to reduce waiting times for bereaved families to obtain probate in Harpenden and Berkhamsted constituency.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
HM Courts & Tribunals Service has invested in more staff, alongside system and process improvements to reduce and maintain lower processing times during the last year.
The Ministry of Justice publishes regular data on probate timeliness in our regular quarterly family court statistics bulletin: Family Court Statistics Quarterly - GOV.UK
Asked by: Victoria Collins (Liberal Democrat - Harpenden and Berkhamsted)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice,what the backlog in County Court cases is in Harpenden and Berkhamsted constituency, and what steps her Department is taking to tackle it.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
It is not possible to measure ‘backlog’ within the County Courts due to the nature of Civil claims with many claims settling between parties. The pace of such cases is very often determined by the choices and behaviour of the parties.
Our focus across Hertfordshire is to progress the cases in as timely a way as possible whilst balancing the individual circumstances and needs of each case. The Designated Family Judge and Designated Civil Judge along with HM Courts & Tribunals Service, have implemented robust listing and case progression initiatives. Cases are reviewed so that court hearing time is maximised, waiting times are reduced and matters that are suitable for the hearing to be brought forward are prioritised. This is achieved by utilising courtroom capacity that becomes available from other cases resolving.
Asked by: Victoria Collins (Liberal Democrat - Harpenden and Berkhamsted)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps she is taking to support victims of violence against women through the criminal justice system in Harpenden and Berkhamsted constituency.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
This Government was elected with a landmark mission to halve violence against women and girls in a decade, and we have already taken steps to support victims through the criminal justice system, including in the Harpenden and Berkhamsted constituency.
The Ministry of Justice provides funding for support services for victims of sexual abuse and domestic violence, both nationally and locally. Most of this funding is delivered through the Police and Crime Commissioners, such as the one in Hertfordshire, who commission services based on local need. This includes ringfenced funding for domestic and sexual violence services, including Independent Sexual and Domestic Violence Survivors, and domestic abuse and sexual violence services such as Refuge.
Nationally, we also fund over 60 specialist organisations through the Rape and Sexual Abuse Support Fund and operate a 24/7 support line for victims of sexual violence. The MoJ-funded National Witness Service also provides emotional and practical support on the day of trial, helping victims navigate the court process. All Crown Prosecution Service areas, including Thames and Chiltern, now have a dedicated Victim Liaison Officer to support victims of rape and serious sexual offences in the criminal justice system. We are also committing to establish specialist rape and sexual offences teams within every police force, enhancing the support network for victims across the country.
Furthermore, in line with the Independent Sentencing Review’s recommendations, we are looking to expand specialist domestic abuse courts and are continuing the provision for free sentencing transcripts for victims of rape and sexual offences whose cases are heard in the Crown Courts.
Asked by: Victoria Collins (Liberal Democrat - Harpenden and Berkhamsted)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what legal redress is available to victims of rogue traders where alleged misconduct spans multiple jurisdictions in (a) England and (b) Northern Ireland.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
A range of legal redress options are available to those who consider they have fallen victim to rogue traders, including both civil and criminal justice remedies. Citizens Advice provide help and information on consumer rights in England and Wales (and equivalent agencies in Northern Ireland) as well as being able to refer individuals to partner consumer organisations for additional help or enforcement, such as Trading Standards.
Civil claims for the recovery of assets or compensation may be pursued under consumer rights legislation, much of which applies across the United Kingdom. Claims are generally brought in whichever jurisdiction the defendant is domiciled, although the court will determine whether it, or the courts of another jurisdiction, is the more appropriate forum to hear the dispute between the parties.
Consumers have rights to redress for misleading actions under the Digital Markets, Competition and Consumers (DMCC) Act 2024. Redress includes the right to unwind the contract, claim a discount and claim damages. Further, the DMCC Act makes provisions for enforcers and courts to include enhanced consumer measures in undertakings and enforcement orders. This includes compensation or other redress to consumers who have suffered loss as a result of certain breaches of consumer law.
Criminal justice remedies may also be applicable, such as offences under the Fraud Act 2006 (for example fraud by false representation) and should be reported to the police.
Asked by: Victoria Collins (Liberal Democrat - Harpenden and Berkhamsted)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps her Department is taking to help increase levels of access to legal aid for people in rural areas in Harpenden and Berkhamsted constituency.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
It is vital that those who need legal aid, some of the most vulnerable people in our society, can access it wherever they live. We are funding provisions such as Advicenow, which is an online provision.
The Legal Aid Agency (LAA) monitors the numbers of providers in each procurement area and across all categories of law. It takes operational action where it can, to respond to market pressures that may arise and works closely with the Ministry of Justice on policy solutions concerning the supply of legal aid.
Procurement for legal aid contracts is now operated under the ‘always on principle’ so that the procurement remains open during the life of the contract. This is a significant change from the previous approach where firms could only bid to join at the initial tender of what typically was a five-year contract term. This new approach enables new entrants to apply for a contract at any time and for existing providers to expand their services. It is a more flexible approach removing hard deadlines and maximising the available supply of services.
The LAA is satisfied that there is adequate access to legal aid services in Harpenden and Berkhamsted across all categories of legal aid. Provision includes local services such as duty solicitor schemes and national services such as early legal advice under the Housing Loss Prevention Advice Service and advice relating to housing, debt, education and discrimination via the Civil Legal Advice telephone service.
The Ministry of Justice has recently concluded a consultation on uplifts to civil legal aid fees (which once fully implemented, would inject an additional £20 million into the sector each year), and is currently consulting on funding of up to £92 million more a year for criminal legal aid solicitors.
Asked by: Victoria Collins (Liberal Democrat - Harpenden and Berkhamsted)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps her Department is taking to tackle backlogs in the courts in Harpenden and Berkhamsted constituency.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
This Government inherited a record and rising courts backlog. For this financial year (25/26), this Government is funding a record allocation of Crown Court sitting days to deliver swifter justice for victims – 110,000 sitting days this year, 4,000 higher than the previous Government funded. However, the scale of the challenge is beyond what increasing sitting days can achieve. In civil justice, courts and tribunals are sitting at, or close to maximum judicial capacity in every jurisdiction.
That is why we have commissioned Sir Brian Leveson to conduct a review of the courts that will propose once-in-a-generation reform to deliver swifter justice for victims.
In the Harpenden and Berkhamsted constituency:
Criminal Courts:
St Albans Crown Court has seen an increase in Circuit Judges, and an increase in courtrooms from 6 to 7. The open caseload at this court was reduced by 3% in 2024.
In the magistrates’ court, additional Legal Advisors are being recruited. The open caseload in Herts area was reduced by 14% in 2024.
Family and Civil Courts:
Our focus across Hertfordshire is to progress the family and civil cases in as timely a way as possible whilst balancing the individual circumstances and needs of each case. The Designated Family and Civil Judges, along with HMCTS, have implemented a robust case progression initiative. Cases are reviewed and cases that are suitable for the hearing date to be brought forward are prioritised. This is achieved by utilising courtroom capacity that becomes available from other cases resolving.
Asked by: Victoria Collins (Liberal Democrat - Harpenden and Berkhamsted)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps her Department is taking to help ensure access to legal aid in Harpenden and Berkhamsted constituency.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The Legal Aid Agency (LAA) is responsible for commissioning legal aid services in England and Wales. The LAA monitors the numbers of providers in each procurement area and across all categories of law. It takes operational action where it can, to respond to market pressures that may arise and works closely with the Ministry of Justice on policy solutions concerning the supply of legal aid.
The LAA is satisfied that there is adequate access to legal aid services in Harpenden and Berkhamsted across all categories of legal aid. Provision includes local services such as duty solicitor schemes and national services such as early legal advice under the Housing Loss Prevention Advice Service and advice relating to housing, debt, education and discrimination via the Civil Legal Advice telephone service.
Information about the number of legal aid providers contracted to provide services are published as part of the LAA’s statistics [see tables 9.1-9.9]. These statistics are used by the LAA as management information to monitor the supply of legal aid services over time, in different areas of law and different regions of England and Wales.
For civil contracts, the LAA secures supply across designated larger geographic areas known as procurement areas, as opposed to local authority or constituency areas. The Midlands and East of England, Eastern, and South Herefordshire procurement areas encompass Harpenden and Berkhamsted. All exceed the minimum number of providers with legal aid contracts.
The commissioning of criminal legal aid contracts is undertaken at a national level. However, the LAA takes steps to ensure there is adequate coverage on each of its local duty solicitor schemes. Provision under the local duty solicitor schemes is demand-led and so there may be variations in numbers across each local rota.
Asked by: Victoria Collins (Liberal Democrat - Harpenden and Berkhamsted)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether she has had discussions with the Secretary of State for the Home Department on taking legislative steps to create a domestic abuse aggravated offence.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
This Government was elected on a landmark pledge to halve violence against women and girls over the next decade, and tackling domestic abuse is a core part of this mission. We will use every lever within our power and work with key partners across Government to deliver against this ambition.
As discussed during the Adjournment Debate on Domestic Abuse Offences on 17 March 2025, the Government is actively considering how we can better identify domestic abuse offenders. I have been working closely with my counterparts across Government on this.
We recognise the importance of ensuring that the harm caused by offences typically committed against women and girls is appropriately and proportionally reflected in the sentencing framework. The Sentencing Review, chaired by former Lord Chancellor David Gauke, is currently examining the sentencing of offences primarily committed against women and girls. We are committed to engaging with the review to ensure the best outcomes for survivors of domestic abuse.
Asked by: Victoria Collins (Liberal Democrat - Harpenden and Berkhamsted)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps she plans to take with probate services to find a solution for cases where there is a chain of representation but the name of the applicant will not match that on the Grant of Probate.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
A chain of representation arises where all the executors of an estate have died before completing the administration of that estate. Under section 7(1) of the Administration of Estates Act 1925 the executor for deceased’s executor becomes the executor for the original incomplete estate as well as the estate they were appointed as executor.
The chain of representation is broken if an executor in the chain has died intestate. In those circumstances a grant of administration de bonis non must be obtained to administer the estate.
HM Courts and Tribunal Service’s probate service will always provide assistance and support in all cases where the chain of representation applies, and where the name of an applicant does not match that on a Grant of Probate.
Asked by: Victoria Collins (Liberal Democrat - Harpenden and Berkhamsted)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if she will make an assessment of the potential merits of publishing the anonymised outcomes of tribunal cases related to SEND support.
Answered by Heidi Alexander - Secretary of State for Transport
The decision whether to publish a judgment is a judicial one.
Judgments of the Special Education Needs and Disability jurisdiction of the Health, Education and Social Care Chamber of the First-tier Tribunal are not routinely published.
However, members of the public and the media can apply to the tribunal for a copy of the judgment in a specific case.