Work of the County Court: Government Response

Thursday 23rd October 2025 Westminster Hall

Justice Committee

Select Committee statement

13:34

[Wera Hobhouse (in the Chair)]

We begin with a Select Committee statement. Andy Slaughter will speak on the publication of the second special report of the Justice Committee, “Work of the County Court: Government Response”, HC 1387, for up to 10 minutes, during which no interventions may be taken. At the conclusion of his statement, I will call Members to put questions on the subject of the statement and call Andy Slaughter to respond in turn. Questions should be brief, and Members may ask only one question each. I call the Chair of the Justice Committee.

[Andy Slaughter (Hammersmith and Chiswick) (Lab)]

It is a pleasure to see you in the Chair, Mrs Hobhouse. I thank the Backbench Business Committee for allocating time for me to make a statement on the Government’s response to the fourth report of the Justice Committee, “Work of the County Court”.

Two independent reviews into the criminal justice system, those of David Gauke on sentencing and Sir Brian Leveson on the criminal courts, identified the crises in our prisons and criminal courts, and suggested solutions for the Government to address, including in legislation. The Committee welcomes the reviews, but there is an absence of an equivalent review into civil justice.

Our report called for a root-and-branch review of the county court, including a sustainable plan for reducing the systemic delays and inefficiencies we found. We are disappointed that the Government have rejected that recommendation, although pleased that they have adopted almost all the other recommendations in the report and that their rationale for rejecting an independent review is that our report sets out a detailed blueprint for action. The 17 recommendations that the Government have accepted focus on the most pressing issues facing the court.

The county court is the principal forum for delivering civil justice in England and Wales. It is where millions of our constituents, and businesses large and small, encounter the justice system, but, as our inquiry found, it is a system in crisis. I echo the Minister’s thanks to all who contributed to our inquiry and report; the many people and organisations that submitted written evidence and gave oral evidence; and those who contributed to our roundtable and welcomed us on our visits.

I also pay tribute to my predecessor as Chair, Sir Bob Neill KC, the former Member for Bromley and Chislehurst, under whose leadership the inquiry began in October 2023. Following the Dissolution of Parliament and the general election, the current Committee agreed to continue this important piece of work and press the Department on the performance of the county court.

The county court hears a vast array of cases, from the recovery of personal and corporate debt to landlords’ recovery of property and personal injury claims. In 2024, it heard more than 1.7 million claims. However, the average time for a small claims case to reach trial now exceeds 50 weeks, and for more complex claims the delay is even longer—more than 79 weeks. The evidence we received was deeply concerning. The length of delays is resulting in cases being settled at an undervalue.

Despite the county court being a single unified court, the length of delay depends on a court user’s postcode. We found that such regional differences are severe and result in a postcode lottery. Courts in London and the south-east are some of the worst affected, with examples of cases being delayed by more than two years. The Civil Justice Council told us that when all courts were ranked by their average delay, four fifths of the worst performers were in London and the south-east. In its response, His Majesty’s Courts and Tribunals Service notes that it publishes regional data that can be analysed by court, but we did not find any evidence of HMCTS sharing areas of good practice based on this data or of curiosity as to why any differences across England and Wales are occurring.

Our overarching conclusion was stark: the county court is a dysfunctional operation that fails to adequately deliver civil justice across England and Wales. The issues in London and the south-east typify issues faced across the county court. Behind the weeks of delays is a picture of insufficient judicial capacity, high staff turnover and inadequate training to support court users effectively. We found that the civil judiciary is no longer an attractive profession, and we were told of the poor working conditions and administrative burdens that the role now requires. Both the Lady Chief Justice and the Master of the Rolls agreed that there was an overdependence on fee-paid judiciary to plug the gaps of insufficient judicial recruitment.

We also heard that court staff are overstretched and poorly paid, with high turnover and use of agency staff undermining the efficiency of an already strained system. Court users felt unsupported by staff who could not provide updates on cases, while the centralised phone lines and inboxes were often left unanswered. That is simply not good enough. Those issues are symptoms of a wider delay. We put it to the Department that such symptoms must be addressed urgently if meaningful change was to be achieved. We recommended that any future review must include an in-depth assessment of staff recruitment and retention, including workload, capacity and regional disparities. We also recommended that the review look at the judicial offer. We are pleased the Government have accepted those recommendations.

As part of our inquiry, we visited Northampton county court, the Civil National Business Centre and the central London county court. What was particularly shocking was the poor condition of all those buildings. Our report highlighted the deteriorating physical state of the county court premises, with reports of asbestos, broken heating, leaking roofs and rat and insect infestations. The significant disrepair of the estate impacts staff morale and disrupts court operations, causing yet further delays. There are also problems with accessibility for those with disabilities. I take this opportunity to thank the court staff across England and Wales for their commendable efforts to operate an already crumbling system in such conditions.

In August 2023, £220 million of capital investment was announced, to be spent solely on the court estate across both criminal and civil jurisdictions. We are pleased that the Government have agreed to provide the Committee with a breakdown of how that funding was spent and how much, if any, was directed to the county court estate. We are also pleased to hear of recent capital projects at Taunton, Barnet and Norwich. It remains clear, however, that these projects and previous funding fall well short of what is needed to address years of chronic under-investment across the court estate.

I turn to other areas of funding. Legal aid was originally introduced to ensure access to justice. Through successive reforms, its scope has been reduced, leading to an increase in litigants in person. Self-represented parties usually do not have a legal background and struggle with procedural rules and court practice. In 2019, the Ministry of Justice recognised that litigants in person continued to require greater support in navigating court procedure, but little has changed. The Committee has embarked on a major review of access to justice, but in the absence of more funding for representation, more must be done to help litigants in person navigate the system.

In 2016, HMCTS launched a £1 billion project called the reform programme. It aimed to modernise the court and tribunal systems and transform them through digitisation. However, the project was continually modified and reduced by HMCTS and its timetable extended four times. It finally concluded in March this year. The reform programme was meant to bring end-to-end digitisation to the county court. By March 2025, it had achieved that in only 23% of cases. In practice, the reform programme delivered only two services solely for use in the county court: the damages claims portal and the online civil money claims service, both of which have faced heavy criticism. We heard of the dual running between new and old systems, a failure to take on feedback from practitioners and the continued and successive reliance on paper, adding unnecessary costs to the taxpayer and leaving an analogue system in a digital age.

We concluded that the reform programme was ultimately over-ambitious and under-delivered. The majority of the civil justice projects were de-scoped, culminating in a fragmented digital system. We recommended that HMCTS review all de-scoped work and prioritise its digitisation to bring a true end-to-end digital service to the county court. We are pleased that, in their response, the Government confirmed that such a review has taken place. A digital county court would offer the opportunity to integrate artificial intelligence early on. We welcome the Government’s AI action plan for justice and commitment to AI in encouraging mediation, which aligns with our own conclusions and recommendations.

Our report concludes that the county court is the Cinderella of the justice system, beset by delays, a crumbling estate and a failed attempt at digital reform. The Government response fails to reassure us that the MOJ has a concrete plan to improve civil justice comparable to Sir Brian Leveson’s and David Gauke’s reviews into the prisons and the criminal courts. In the absence of an equivalent independent review, we hope our report can provide a blueprint to reduce the systemic delays and inefficiencies that plague the system. The county court is where justice is most often sought by our constituents. It must not be allowed to fail them.

[Wera Hobhouse (in the Chair)]

I remind Members that we have to finish the statement at 1.50 pm. Anyone who wishes to speak, please bob—including the Minister, if she wishes to ask a question. Please keep comments short, and Members can only ask one question.

[Tessa Munt (Wells and Mendip Hills) (LD)]

The report to which the Government are responding outlines that the county court is in complete crisis. As the hon. Member for Hammersmith and Chiswick (Andy Slaughter) said, the county court is where the majority of our constituents will encounter the justice system, and it is the Cinderella service of the justice system. Does he agree that it is under pressure and experiencing significant operational problems, that the state of disrepair of the buildings is absolutely emblematic of a system that is completely in crisis, and that more must be done to repair and reinstate these buildings? It is totally unfair that we should ask court staff, be that the judiciary or the staff who back up the judges, to work in those circumstances. It is appalling.

[Andy Slaughter]

As I think I set out in the statement, there are problems all along the line. There are problems with representation. There are problems with access. There are problems with systems remaining on paper when they should have been put online long ago. It might therefore be thought that the physical state of the buildings is a lower priority. In reality, it is not, because it affects recruitment and the efficiency of the court, and it means that, over a period of time, courts become toxic places to work. That is why I went out of my way to praise the court staff, because they are doing an excellent job in very difficult circumstances. None of us wants to work in a sick building.

I hope that the Government will address this, and that we will find out how much capital money is going to the county court. The Minister may be able to tell us that to today. Certainly, the problem has to be tackled. That is true in the magistrates and Crown courts as well, but particularly in the county courts.

[Warinder Juss (Wolverhampton West) (Lab)]

I previously worked in the county court system, and the problem that my hon. Friend has highlighted is a long-standing one. The Government have accepted that the county court is where most of our constituents access the justice system. Does he agree that the county court cannot carry on as it is at the moment and that we need a fundamental reform of the system, which must involve a systematic and comprehensive review of its operations, because it is crucial that our constituents have access to swift and fair justice?

[Andy Slaughter]

A fundamental review was attempted under the last Government, which involved closing many county courts around the country. We were told that the money released from the sale of those courts would go either into the maintenance of the rest of the estate or, more probably, into the reform programme, and so lead to digitalisation of the system. We have seen all the court closures but not the improvement in service that was supposed to result, so unfortunately here we are.

I used the Master of the Rolls figure of 23% for the amount of digitalisation that has occurred. It is key to a 21st-century system of civil justice, and that is why I am glad that the Government have looked at the future for digitalisation. I hope they will tell us that there is a clear and realistic path to achieving that, because it is where we need to go. It is ridiculous to be running a paper-based system in the 21st century. It is inefficient, it is costly and it is not providing justice.

[Jim Shannon (Strangford) (DUP)]

I thank the hon. Gentleman and his Select Committee for all they have done. I understand that the recommendations in the report are specific to England and Wales, but the issues, difficulties, problems and shortcomings the hon. Gentleman has referred to are the same in Northern Ireland. Ever mindful that this is a devolved matter, is it the intention of the Chair and the Select Committee, and perhaps the Minister as well, to share the report’s recommendations? They were not all accepted, but the ones that were accepted are good. I am a great believer, as is everyone in this Great United Kingdom of Great Britain and Northern Ireland, that we are always better together, so can we share the recommendations and ensure that we can make the advances in Northern Ireland the same as in England and Wales?

[Andy Slaughter]

First, I am delighted to see the hon. Gentleman in his place. I thank him for his interest in the subject and for his question, to which my response is yes. I hope our work is useful—the Government have said it is—within the jurisdiction of England and Wales, but, equally, many of the same points apply to Northern Ireland and, indeed, to Scotland. I do not know whether the Minister is going to intervene on the two points we have heard from my colleagues or on the point from the hon. Gentleman, but I am sure she has heard his point and will make sure that the work is shared. In any event, I undertake to ask my secretariat to ensure it is communicated.

[The Minister of State, Ministry of Justice (Sarah Sackman)]

I understand that am allowed to ask a question, so I will frame this as one. As the Minister with responsibility for the courts, I am tremendously grateful to the work of the Justice Committee. The report on the county court and the lens that the Committee has placed on our civil jurisdiction is incredibly welcome because, as the Committee says, the focus that the Department places on criminal justice cannot be allowed to divert from the important reform programme that we need in the county court, for all the reasons the Committee has stated.

With the helpful lens that the report places on the county court and the recommendations that the Government have taken on board in mind, and although I would be first to acknowledge that we have a long journey to travel, does my hon. Friend agree that the latest civil justice statistics—on delays in small claims coming down; on delays in fast, intermediate and multi-track coming down by almost seven weeks; on the greater use of mediation in small claims; and on a new electronic document-processing mechanism, moving away from the frustrating paper-based process—are all steps in the right direction that take on board the thrust of his report? Does he agree that that represents some progress towards where we need to get to?

[Andy Slaughter]

I thank my hon. and learned Friend the Minister for the fact that the Government have accepted the vast majority of the recommendations, as I have already put on the record. Without making this too cosy, it gives me confidence that my hon. and learned Friend, as the Courts Minister, is seized of this issue and understands its seriousness. That came across in the evidence she gave to the Committee, and she has the background and skills to ensure that change happens. That gives us a lot of confidence.

On my hon. and learned Friend’s specific point, yes, I concede that there are some early indicators of improvements. We would like to see that continue over the years to come. We are very conscious of and aware that—this is obviously no fault of this Minister or this Government—there has been a very long process of decline, which means the climb out will be quite slow. We want steady progress along the way. As the Minister says, the report identifies many problems, but the digitalisation one is crucial. I hope we can soon see the new programme for that, because that is how the courts will become efficient, usable and customer friendly. I know it was tried in good faith under the reform programme, but we have to be honest and say that that has largely failed. The ball is now in the Minister’s court to try to succeed.

[Wera Hobhouse (in the Chair)]

Thank you. That ends the statement.