Civil Proceedings: Disability

(asked on 27th April 2020) - View Source

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps his Department and Her Majesty's Courts and Tribunal Service are taking to ensure that (a) telephone and video hearings are accessible to all disabled participants, (b) disabled defendants can understand and effectively participate in legal proceedings against them, and (c) disabled defendants have accessible guidance on their participation rights in such hearings.


Answered by
Chris Philp Portrait
Chris Philp
Minister of State (Home Office)
This question was answered on 4th May 2020

In response to the current pandemic HMCTS have increased the capacity for telephone and video hearings so that hearings can take place remotely where appropriate. We are clear that audio and video hearings provide an additional channel for conducting a hearing and should be as accessible as possible. However, they may not be suitable for everyone. The decision to hold a hearing by telephone or video is for the judge, panel or magistrate, taking into account the needs of the parties, including any disability or difficulties with access.

We ask participants to tell the court or tribunal if they need support or cannot participate effectively in the telephone or video hearing. The judiciary can then determine how to proceed, and whether to change the method of the hearing or put in place reasonable adjustments or alternative arrangements to ensure disabled users can participate.

We are working with the advice sector to fully understand the impacts on vulnerable people, reasonable adjustments, and reflecting up to date advice from the sector in our processes for court users to join hearings and related staff guidance. We have improved our GOV.UK content which includes easy read guidance to understand legal terms used in court hearings and support for defendants charged with a crime. We have set up a technical support phone line for remote hearings and included additional information in hearing notices.

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