Martin Partington: Spotlight on the Justice System

Keeping the English Legal System under review

Archive for the ‘Chapter 4’ Category

On-line courts come a stage closer: Bill to establish new On-line Procedure Committee

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May 1st 2019 saw an important stage reached in the process of creating more on-line procedures to deal with family, civil justice and tribunals proceedings. The Courts and Tribunals (Online Procedure) Bill was introduced to House of Lords where it had its first reading.

The Bill, when enacted, will provide for the creation of a new judicially led procedure committee. It will develop special rules to ensure that on-line procedures are easy to use and accessible to the public.

This builds on new processes already introduced such as divorce online and money claims online.

A press announcement is at https://www.gov.uk/government/news/even-more-people-set-to-benefit-from-online-court-reform

 

 

 

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Encouraging Judicial Diversity

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In April 2019, the Judicial Diversity Forum launched a new initiative designed to encourage talented lawyers from the Black and Ethnic Minority community to think about applying to become a judge. The first part of this programme is a series of YouTube videos – which can be watched by anyone interest. A further part of the programme – judge-led discussion group courses – will launch later in 2019.

This is the first joint initiative of the Judicial Diversity Forum, which is made up of the Judiciary, Ministry of Justice (MoJ), Judicial Appointments Commission (JAC), The Bar Council, The Law Society of England and Wales and the Chartered Institute of Legal Executives (CILEx). Forum members are committed to delivering actions that attract applicants for judicial roles from all backgrounds to achieve a more diverse judiciary.

PAJE offers participants from all legal backgrounds the opportunity to develop their understanding of the role and skills required of a judge, through a series of digital resources including 10 short online videos and four podcasts, developed by the Judicial College, which show judges talking about their work and the Judiciary.

These digital resources cover a number of topics such as judgecraft, decision-making, judicial ethics, resilience and equality and diversity.

For further information see https://www.judiciary.uk/about-the-judiciary/who-are-the-judiciary/diversity/pre-application-judicial-education-programme-paje/

The YouTube videos may be viewed at https://www.youtube.com/channel/UCi3XytDJY8a3I9_vL7A_5SQ
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Judicial decision making – tackling the problem of ‘cognitive bias’

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When coming to decisions, we all have a tendency to reach decisions that are not entirely logical or free from bias. We should all aim to limit the effects of such biases. This is particularly important for those reaching decisions in a judicial setting. However, this is hard to do unless we know about the biasses that may exist and how they may be countered.

In a recent edition of Tribunals Journal (2018 No 2) Simon Ward – a medic who also sits as medical member of the First Tier Tribunal – discusses five major types of cognitive bias that exist when we are required to weigh evidence before reaching a decisions. He also considers techniques for countering these biasses.

  1. Representativeness. Similarity or resemblance to a group is used to imply representativeness of that group rather than using the real probability of membership. Applying the actual base rate rather than the perceived occurrence rate of the factor being considered, is recommended so the correct likelihood is utilised.

  2. Availability. Easily recalled or available memories or experiences are used to predict or estimate an outcome rather than the actual objective occurrence. Using measures to reduce reliance on memory such as reminders, prompts and checklists, is advocated so that accuracy is maintained.

  3. Anchoring. Salient or prominent features are preferred and given undue influence or anchored onto before evaluation is completed. Slowing down decision making to allow time to evaluate matters fully is advised so the correct weight or apportionment is applied.

  4. Confirmation. Information that confirms our own pre-existing expectations or beliefs is filtered and selected in preference to opposing or contradictory aspects. Actively seeking out alternative possibilities or positions is suggested so as to challenge and counter subjective, partisan or partial viewpoints.

  5. Optimism. Overconfident or optimistic evaluations are made of how much we know and how reliably we know it, whilst our own knowledge limits are undervalued. Comparing the current evaluation to a reference group of similar membership is recommended so as to allow calibration of the current decision

The article gives further examples of the applications of these principles and how they may be applied in practice. The lessons are, of course, important for all decision-takers, not only judges. It is an issue to which, historically, little attention has been paid in judicial training. It is very interesting that a practicing tribunal member should be seeking to share his expertise on this often misundertood issue.

The full article is at https://www.judiciary.uk/wp-content/uploads/2018/03/tribunals-journal-edition2-2018.pdf pages 2-9.

 

 

 

 

 

Written by lwtmp

March 4, 2019 at 12:58 pm

Public Legal Education: the Solicitor General’s vision

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In the past, the Attorney-General tried to promote the cause of Public Legal Education. This role seems now to have been delegated to the Solicitor-General.

In October 2018, the current post-holder, Robert Buckland MP launched a new ‘vision’ to which he hoped interested organisations would sign up.

The Press Release stated:

The statement creates a shared vision for the PLE community to aspire to which will help drive forward legal education initiatives. The statement reveals 7 goals for where PLE might be in 10 years’ time.

The goals are:

  1. PLE will be supported by a robust evidence base, showing what the need is and what works best.

  2. PLE will be of high quality, maintained to ensure that it remains accurate and accessible and useful for the people who need it.

  3. PLE will be universal and reach across all demographics, prioritising children, young adults and vulnerable groups

  4. PLE will be scaled up through delivery by the legal community

  5. PLE will harness technology and be delivered through innovative methods, both on and offline

  6. PLE will be embeded into public services and government departments

  7. PLE will be understood as beneficial and utlised by other sectors

Whether much can be achieved without additional investment in the development of PLE must be a moot point, but I suppose that a statement such as this is better than nothing. The statement was launched at an event organised by the All Party Parliamentary Group on Public Legal Education and Pro Bono legal work.

See https://www.gov.uk/government/news/our-vision-for-legal-education

Written by lwtmp

November 21, 2018 at 3:51 pm

Keeping the ‘Transformation: Courts and Tribunals 2022’ programme under review

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In June 2018, I noted here the critical report from the National Audit Office  – published in May 2018 – on the Transformation: Courts and Tribunals Programme 2022.

The NAO report was reviewed by the Public Accounts Committee , which took evidence from the Ministry of Justice and HM Courts and Tribunals Service. In July 2018, it published a pretty brutal report which listed a number of concerns about the programme and set out a number of recommendations on the way forward.

The PAC found, in summary:

  1. It had little confidence that HMCTS can successfully deliver this hugely ambitious programme to bring the court system into the modern age.
  2. It found that HMCTS had failed to articulate clearly what the transformed justice system would look like, which limits stakeholders’ ability to plan for, and influence the changes.
  3. Despite revising the timescale, it thought that HMCTS’s imperative to deliver at such a fast pace risked not allowing time for meaningful consultation or evaluation and could lead to unintended consequences.
  4. The Committee thought HMCTS had not adequately considered how the reforms will impact access to, and the fairness of, the justice system for the people using it, many of whom are vulnerable.
  5. It found that, one third of the way through the programme, the Ministry of Justice still did not understand the financial implications of its planned changes on the wider justice system.
  6. The Committee remained concerned that the Ministry of Justice was taking on significant amount of change, without a clear sense of its priorities, at a time when it is facing severe financial and demand pressures.

In relation to findings 1, 2 and 4 above, the Committee wanted HMCTS to start producing update reported on a regular 6 month basis, starting in January 2019.

In relation to finding 3, it wanted, by November 2018, HMCTS to publish plans on how and when it will engage with stakeholders and be clear about how it will act on the feedback received and adjust plans if necessary.

In relation to findings 5 and 6 it recommended regular updates from the Ministry of Justice, again starting in January 2019.

The Government has just announced that it has agreed to all the PACs recommendations.

As I said in my original comment on the report from the National Audit Office, my personal view is that it is essential that the justice system is modernised. Doing nothing is not an option. While stern criticism may well help to ensure that the Director of the reform programme keeps her eye on the ball, I also think that it is important to support those working on the reform programme. Such harsh criticism could be extremely undermining of staff confidence and could paradoxically increase the chances of some of the negative outcomes listed by the Committee coming to fruition.

I will keep readers of the blog posted as and when new material is published.

The NAO report is at https://www.nao.org.uk/report/early-progress-in-transforming-courts-and-tribunals/

The PAC report is at https://publications.parliament.uk/pa/cm201719/cmselect/cmpubacc/976/97602.htm

The Government’s response is at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/746797/CCS001_CCS1018676736-001_Treasury_Minutes_Gov_Resp_43-58_Cm9702_Web_Accessible.pdf

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Transformation: Court and Tribunals 2022 – progress reports

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I have observed before that it is quite hard for someone outside HM Court and Tribunal Service to keep up to date with progress with the Transforming our Justice System, now Transformation Courts and Tribunals 2022, reform programme.

For some time there has been an occasional blog, setting out information about a number of initiatives.

In recent months, a monthly Bulletin (also called an electronic Newsletter) has been launched, the latest of which, published on 1 Oct  2018 contains links to a detailed report Reform Update, Autun 2018, setting out the story so far.

The transformation programme is a very substantial one – it consists of some 50 projects. Not all of them have yet started and very few have as yet been completed. Many ideas are, quite rightly, being tested and evaluated before being nationally rolled out.

The easiest way to get an overview of the projects and their progress is to look at the summary table of the report (pp 22-26).

I will be adding further detail on these projects, dividing the information into broad subject headings.

The monthly bulletin can be accessed by clicking on the link under the heading Newsletter at https://www.gov.uk/government/news/hmcts-reform-programme.

The Reform Update report can be seen at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/744235/Reform_Update_issue_2_September_2018.pdf

The Inside HMCTS blog can be accessed at https://insidehmcts.blog.gov.uk/

 

 

 

 

 

 

 

The work of the Law Commission: Justice Committee inquiry 2018

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In the summer 2018, the House of Commons Justice Committee announced that it would start an inquiry into the work of the Law Commission. To date it has received oral and written evidence from the Law Commission.

The evidence shows that over the last 8 years, the core funding for the work of the Commission has been cut by over 50%.

To make up the short-fall, the Commission has been undertaking a number of projects funded by Government Departments, which fall outside the programme of Law Reform which the Commission had itself determined and agreed with the Government.

In oral evidence, the then Chair, Sir David Bean made the point that, while funded projects were important, it could mean that other important projects would have to be dropped or postponed, because they did not fit the political priorities of the day.

The final outcome of the inquiry is currently awaited.

The written and oral evidence is available at https://www.parliament.uk/business/committees/committees-a-z/commons-select/justice-committee/inquiries/parliament-2017/work-of-the-law-commission-17-19/publications/

Written by lwtmp

September 25, 2018 at 12:26 pm

Posted in Chapter 4

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