PAC doubts justice system transformation programme will be a success

Lack of transparency

HMCTS was also criticised for not being transparent enough with what the overall aim of the programme is.

It said that HMCTS has failed to “articulate clearly what the transformed justice system looks like”, making it difficult for stakeholders to plan for the changes.

“HMCTS was unable to explain what the transformed justice system would look like and how it would measure whether the changes had been delivered successfully,” the report said.

As a result, interested parties feel the changes are being imposed on them, and the fast-paced timescale of the programme also means there is a risk of not allowing enough time to consult and evaluate the programme as it goes on.

The PAC said it had been told by representatives of the legal profession that they’re concerned the programme is just ploughing ahead without proper impact assessment and that HMCTS is just “paying lip service to engagement, rather than listening to and acting on concerns”.

PAC chair Meg Hillier said the government has “cut corners in its rush to put through these reforms”.  

“The timetable was unrealistic, consultation has been inadequate and, even now, HMCTS has not clearly explained what the changes will mean in practice,” she said. “Our report recommends action to address these failings. But even if this programme, or a version of it, gets back on track I have serious concerns about its unforeseen consequences for taxpayers, service users and justice more widely.”

“There is an old line in the medical profession – ‘the operation was successful but the patient died’. It is difficult to see how these reforms could be called a success if the result is to undermine people’s access to justice and to pile further pressure on the police and other critical public services.”

Some services already delivered

The PAC report follows another report from the National Audit Office (NAO), published in May 2018, which found that although HMCTS has already gone live with several parts of the programme, it was concerned the delays means it won’t be delivered on the scale or to the timetable HMCTS envisions.  

Commenting on the PAC’s report, HMCTS CEO Susan Acland-Hood said it will study the recommendations made in the report, and added that “significant progress is being made to deliver the programme, including new digital services, which have seen high take-up and satisfaction rates”.

“We do recognise the need to engage more actively with our key stakeholders, and this is a key priority over the next phase of reform,” she said.

“This is a challenging programme but we remain confident it is on track to deliver the benefits promised and to help create a better, more straightforward, accessible and efficient justice system for all who use and need it.”

Services already delivered, includes an online claims service, an online system for applying for divorce, piloting video hearings in the tax tribunal, rolling out a new in-court system to record the results of cases digitally, and a service allowing people to track their personal independent payment appeals.