Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what information or evidence of impairment has to be provided by a court user to HM Courts and Tribunals Service before reasonable adjustments will be considered.

HMCTS will provide reasonable adjustments for court and tribunal users with disabilities and takes steps to avoid treating people less favourably because of their disability. Court and tribunal users are encouraged to get in touch with HMCTS to discuss any particular adjustments they may need. HMCTS staff will sensitively ask those needing reasonable adjustments what support they require in order to be able to provide reasonable adjustments. We are committed to providing reasonable adjustments for all of those people with hearing loss to be able to access hearings in person.

Reasonable adjustment guidance and broader disability guidance is provided to all HMCTS staff for in person hearings and remote hearings. All guidance raises awareness of the issues people with hearing loss may face, and the reasonable adjustments which may help them to fully participate in hearings. Guidance also provides practical help for staff to ensure they know what hearing enhancement equipment is available in their buildings for users and how to use it. It includes a checklist for making sure that staff have time to test hearing enhancement equipment and are comfortable with how it’s used.

The Judiciary of England and Wales is constitutionally independent of Government, so the MoJ does not issue guidance to the judiciary. Judicial guidance on equal treatment is provided through access to the Equal Treatment Bench Book (ETBB), published by the Judicial College, and learning materials which provide explicit guidance on working with diverse individuals such as those who have hearing loss.