Challenges in Digitisation of Court System Leading to Delays and Access to Justice Concerns, Say Solicitors

The digitisation of the court system in England and Wales is causing significant delays and hindering people’s access to justice, according to a survey conducted by the Law Society. The survey, which received 722 responses from practitioners who have used the damages claims, public family law, and probate portals, revealed that 62% of respondents experienced delays that impacted their clients.

Law Society president Nick Emmerson acknowledged the successes of the court reform programme, such as the digital uptake of probate applications and remote court hearings. However, he emphasized the importance of addressing the technical issues plaguing the system. More than half of solicitors surveyed expressed dissatisfaction with the efficiency and effectiveness of the portals in delivering justice.

Factors contributing to the delays included timeliness, communication issues, technical glitches, and a lack of HMCTS staff to address problems. Probate users reported that the online process was taking longer than the paper-based system, while damages claims users highlighted delays impacting their clients.

Emmerson called for improved communication, user-led design processes, central resources for guidance, software enhancements for better communication between systems, and robust data collection for continuous improvement. He urged the government to consider the Law Society’s recommendations for enhancing the online court systems and reducing delays.

The challenges posed by the digitisation of the court system are causing additional stress for clients, especially during already challenging times. The Law Society’s findings underscore the need for a more user-friendly and efficient online court system to ensure timely access to justice for all.