Martin Partington: Spotlight on the Justice System

Keeping the English Legal System under review

Posts Tagged ‘online services

Seeking legal help online: the challenge of design

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In December 2020 Roger Smith, who runs the excellent Law, Technology and Access to Justice website (at https://law-tech-a2j.org/,) posted an item about an important report from Australia.

Written by Jo Szczepanska and Emma Blomkamp, and published by Justice Connect (a not-for-profit Law Charity, see https://justiceconnect.org.au/) their recently published report Seeking Legal Help Online –
Understanding the ‘missing majority’
offers a range of practical ideas on how to design self-help resources that can actually be used by those seeking help. In Smith’s words: “It puts Australian experience front and centre of global discussion of a key topic.”

The phrase ‘missing majority’ in the title refers to the fact that the majority of people will not or cannot afford to use the services of legal practitioners to assist in the resolution of disputes or other problems. However, in the words of the report “as the missing majority progressively adopts technology, there are increasing opportunities to find new models of providing cost-efficient and effective free legal assistance at scale”. The report aims to find a better understanding of the opportunities to assist the missing majority through online resources, recognising their limits as well as their potential.

The report sought to answer the following 5 questions:

  1. How do people search for legal help online? The first set of insights describes the variety and mixed results of searching techniques used by participants in this research.
  2. What is the self-help journey like? This looks at the difficulties of trying to solve problems on your own. For example legal jargon is confusing for most people who haven’t studied law; the rules and procedures of the legal system can be opaque; and the process to understand and resolve an issue can be incredibly time-consuming. Indeed the whole process can be highly stressful.
  3. How can different resources help and how are resources used? The report draws on participants’ own analyses and explanations of why they would select certain tools, when they would use them, and what combinations of resources would work best for them and their issue. Where self-help became overwhelming, participants would start looking for a professional to help them.
  4. How can resources be improved? This considered the shortcomings of existing legal resources and the behaviour exhibited by people as they try to decipher and then apply new knowledge. These insights highlight issues of access, trust, accessibility, appropriateness and usefulness.
    Unfortunately, many online legal resources remain limited in their design, simply putting online existing forms and leaflets. Some people with disabilities cannot access or use online legal resources at all because the resources have not been designed with their needs in mind. Resources often also contain overly technical and complex language.
  5. How do help-seekers define a legal problem? This part of the study draws attention to the question of how a diverse range of people who find themselves in need of legal information or assistance try to find that information. Overall, the stories from participants and examples from live searches and testing of resources highlight the differences and commonalities of searching for legal help and information online.

In the light of the findings from the empirical part of the study, the final section of the report presents a series of recommendations and design principles, offering guidelines for improving online legal self-help resources. The recommendations focus on how to involve people with lived experience of trying to use existing resources together with relevant professionals in funding, researching, designing, testing, implementing, promoting, and evaluating online self-help resources.

Suggestions in the report are tailored for a range of different target audiences: users, funders, service providers, and resource makers. They are grouped under five main headings:

  1. Invest in information design and user experience;
  2. Involve people with lived experience in making online resources
  3. Break down silos between sectors, organisations, communities, and self-help
  4. Establish communities of practice to support makers of online self-help resources
  5. Invest in consumer outreach, search engine optimisation, communications, and marketing.

This blog does not reflect the detailed ideas contained in the report. Anyone wanting to develop new online resources should read this report for its ideas about how this might be done in ways that would actually help. The scope for innovations seems almost limitless. Policy on access to justice needs to take self-help seriously.

(This entry has been adapted from the report’s Executive Summary.)

It can be downloaded at https://justiceconnect.org.au/about/digital-innovation/missing-majority-report/

Probate online: recent developments – a practitioner’s view

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The arrival of Covid 19, and the necessity of trying to keep the legal system functioning with locked-down courts, virtual hearings and the like has meant that other aspects of the justice system Transformation programme have perhaps been forgotten.

The latest edition  (July 2020) of the HMCTS blog, Inside HMCTS, reminds us that other things are also happening, designed to modernise and approve the efficiency of the services provided within the legal system.

One development which has been quietly worked on for a number of years is the creation of means to carry out probate – the process of dealing with a deceased person’s estate – online.

Historically it has been an extremely difficult process, surrounded by a lot of procedural and legalistic complexity.

The HMCTS reform programme included a plan to modernise the process, to make it more straightforward both for practitioners and individual members of the public. An online service has been available since the end of 2019. Around 60,000 members of the public have used the service. And increasing numbers of solicitors are also using the service.

Stephen Cobb, a solicitor with a firm of lawyers who were involved in developing and testing the new process, has written a very interesting account of how the new system works. He stresses that it is still work in progress and that the current system will not necessarily deal with every complex estate. But, for general use, he is impressed with how it works. And he likes the freedom it gives him to submit the bulk of the paperwork on line.

For details, see https://insidehmcts.blog.gov.uk/2020/06/05/reforming-probate-for-the-twenty-first-century/

 

 

 

 

Written by lwtmp

July 11, 2020 at 10:09 am

Transformation of the justice system: money claims online

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In November 2018, HM Courts and Tribunals Service launched its money claim online service. On July 3 2020, it announced that a significant milestone had been reached in the use of this service, namely that, after 18 months, over 100,000 cases had gone through the new system.

The Government states:

The service aims to make it simpler and quicker for people to submit a claim, by allowing them to do so from their own home and removing complex legal language from the online application. Most people take less than 15 minutes to complete the initial claim form. Almost 9 in 10 people using the service have been satisfied or very satisfied with it, with claims now being issued in minutes, not days.

In many cases, this that means claims can be issued, responded to and settled without the need for third-party involvement.

See https://www.gov.uk/government/news/more-than-10000-civil-money-claims-issued-online

(The figure IS 100,000, not the 10,000 mentioned in the Press Release Heading!)

Written by lwtmp

July 4, 2020 at 11:03 am

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

 

 

 

Transformation: Courts and Tribunals, 2022: HMCTS and MoJ respond to the Public Accounts Committee

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I noted in 2018 the critical report from the National Audit Office (see this blog June 2018) and the subsequent report (which I labelled ‘brutal’) from the Public Accounts Committee (see this blog October 2018) on the courts and tribunals transformation programme.

Well, now the Ministry of Justice and HM Courts and Tribunals Service have come back with a series of replies, setting out the progress that has been made with the transformation programme, and setting out targets for the following 6 months.

Between November 2018 and February 2019, MoJ and HMCTS published no fewer than 6 reports, each one responding individually to the six principal criticisms made by the Public Accounts Committee.

The most fundamental question is whether the timeframe for the delivery of the transformation programme is being adhered to. The report on Recommendation 1 – which deals with this question – acknowledges that parts of the programme have not yet been started while listing a substantial body of completed work.

Other responses deal with:

  • the impact of the transformation programme on users;
  • engagement with stakeholders;
  • the financial implications of the transformation programme on the wider justice system;
  • evaluating the impact of the reform programme on access to justice and the fairness of the justice system; and
  • balancing the portfolio of change projects to ensure that there is some flexibility and an ability to respond to financial pressures.

Interestingly, less than a month after the publication of the latest of these reports a Press Release in March stated that at least some aspects of the Transformation programme will not be completed until 2023. (See https://www.lawgazette.co.uk/news/breaking-hmcts-delays-1bn-courts-reform-by-a-year/5069501.article)

There is a lot of detail in the reports. They can be found by going to https://www.gov.uk/government/news/response-to-public-accounts-committee-transforming-courts-and-tribunals

This links to each of the six individual responses.

In January 2019, the Justice Select Committee announced that it too would be conducting an inquiry into the Courts and Tribunals Reform programme. See https://www.parliament.uk/business/committees/committees-a-z/commons-select/justice-committee/inquiries/parliament-2017/court-and-tribunals-reform-inquiry-17-19/

It is right that such a major reform programme should be carefully scrutinised by MPs. They can help to ensure that the transformation, that I think is needed, is delivered.

 

 

 

 

Family justice: reforming public law case procedures

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Hot on the heels of the announcement of on-line divorce applications (see this blog Feb 2 2018), information has just been published as a blog from HMCTS on developments relating to the digitalisation of procedures relating to public law childrens’ cases.

Emma Petty, Service Manager for the Public Law project, writes:

We want to make the public law process more efficient, ensuring the court, parties and their representatives have access to the right information at the right time to help decide the best outcomes for children involved in public law cases. Based on our early thinking, the aims of the project could be to:

  • provide an online application process which speeds up the gatekeeping process and shares information with partner agencies at the point of submission
  • improve the process for dealing with urgent applications
  • enable users to see the progress of their case and to take action to progress their case online
  • provide clear signposting to support available outside HMCTS, to assist parties acting in person and without a lawyer
  • enable users to upload and access documents and evidence digitally both outside and inside the courtroom
  • ensure suitable facilities and support are provided at hearing centres
  • enable hearings, where appropriate, to be conducted online
  • provide fast digital access to outcomes of hearings
  • ensure those who need it get the support they need to access our digital services.

Over coming months, the Public Law Project team will be working with practitioners and others involved in these types of case in developing practices and procedures to deliver these goals. This is an important development within the scope of the Transformation of the Justice System policy.

Further detail is at https://insidehmcts.blog.gov.uk/2018/02/07/designing-a-public-law-service-to-meet-user-needs/?utm_medium=email&utm_source=

Written by lwtmp

February 10, 2018 at 12:10 pm