Asked by: Jerome Mayhew (Conservative - Broadland)
Question to the Ministry of Justice:
What steps his Department is taking to reduce delays in judicial processes.
Answered by Gareth Bacon - Parliamentary Under-Secretary (Ministry of Justice)
We remain committed to tackling the outstanding caseloads across our courts and tribunals and have introduced a range of measures to achieve this aim.
While the listing of cases is an independent judicial function, we have consistently invested in judicial recruitment to ensure we have the capacity to deliver effective judicial processes. Since 2018, we have recruited around 1,000 judges and tribunal members annually, across all jurisdictions.
Criminal courts
Over 90% of all criminal cases are heard at the magistrates’ courts, where we heard 100,000 cases a month on average across 2023. While the outstanding caseload in the magistrates’ courts has slightly increased in recent months due to an increase in the number of cases coming to court, the caseload remains well below its pandemic peak and stood at 370,700 at the end of December 2023, and cases continue to be progressed quickly.
To aid our efforts in the magistrates’ courts, we invested £1 million in a programme of work to support the recruitment of more magistrates. We aim to recruit 2,000 new and diverse magistrates this year, and similar numbers for each of the next couple of years.
At the Crown Court, we remain committed to reducing the outstanding caseload. We delivered 107,700 sitting days in the most recent financial year (FY23/24) and judges have worked tirelessly to complete more cases. The latest data shows cases progressed through the Crown Court more quickly throughout 2023, with the median time from receipt to completion reducing from 167 days in the first quarter of 2023, to 125 days in the last quarter.
We are also investing more in our criminal courts. In August 2023, we announced we are investing £220 million for essential modernisation and repair work of our court buildings, up to March 2025.
Family Court
In March 2024 the Family Justice Board agreed a new set of priorities for the family justice system, with a clear focus on closing the longest running cases and increasing the proportion of public law cases concluding within the 26-week statutory timeline.
We announced in the Spring Budget an additional £55 million to improve productivity, support earlier resolution of family disputes and reduce the number of cases coming to court. This includes creating a digital advice tool for separating couples, piloting early legal advice and supporting the expansion of the private law Pathfinder model. The Department for Education are investing an extra £10 million to deliver new initiatives to address the longest delays in public law.
We have provided the flexibility for judges to sit virtually across regional boundaries, so that judges can be deployed where they are needed most, to reduce the caseload and waiting times.
We are also investing up to £23.6 million in the family mediation voucher scheme, which we intend will allow for its continuation up to March 2025. As of May 2024, over 28,600 families have successfully used the scheme to attempt to resolve their private law disputes outside of court.
Civil courts
With regards to civil cases, we are taking action to ensure those that do need to go to trial are dealt with quickly. We have a significant volume of judicial recruitment underway for District and Deputy District Judges, are digitising court processes and holding more remote hearings, and are increasing the use of mediation.
The requirement for small claims in the county court to attend a mediation session with the Small Claims Mediation Service will start this spring and is expected to help parties resolve their dispute swiftly and consensually without the need for a judicial hearing.
The HMCTS Reform Program has introduced technology that delivers simplified and transformed digital ways of working for civil court users and judges such as the online money claims process and the damages claims service, offering accessible and responsive services.
Tribunals
With regards to the tribunals, we continue to work with the Department for Business and Trade on further measures to address caseloads in the Employment Tribunal, where the deployment of legal officers, recruitment of additional judges and a new electronic case management system have helped the Tribunal to manage its caseload which remains below its pandemic peak.
We have rolled out the HMCTS digital reform programme in the Immigration and Asylum and Social Entitlement chambers so that anyone challenging an immigration or welfare benefits decision can lodge their appeal, track progress and receive the results all online.
HMCTS continues to invest in improving tribunal productivity through the recruitment of additional Judges, deployment of Legal Officers to actively manage cases, the development of modern case management systems and the use of remote hearing technology.
Asked by: Beth Winter (Labour - Cynon Valley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment his Department has made of the potential merits of taking steps to increase the (a) recruitment and (b) training of immigration solicitors and advisors in Wales.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
The Legal Aid Agency (LAA) monitors supply across its legal aid contracts on an ongoing basis and, where demand is greater than the available supply, takes action within its operational powers to secure additional provision to ensure the continuity of legal aid-funded services. The LAA is satisfied that there is adequate provision of services in Wales across all categories of legal aid.
Once implemented, individuals who receive a removal notice under the Illegal Migration Act (IMA) will have access to free legal advice in relation to the removal notice.
We are setting fees for IMA work at 15% above the usual hourly rate to help augment capacity so we can meet the anticipated increase in demand for legal aid advice.
We have taken a number of steps to help increase access to legal aid for immigration and asylum cases across England and Wales. For example, we are providing up to £1.4m of funding in 2024 for accreditation and reaccreditation of senior caseworkers to conduct immigration and asylum legal aid work.
In 2019, we brought non-asylum immigration and citizenship matters into scope for under 18s who are not in the care of a parent, guardian, or legal authority. This means, for example, that a separated migrant child making an application for entry clearance, leave to enter, or to remain in the United Kingdom, or an application for registration as a British citizen or as a British subject, or for registration as a British overseas territories citizen or a British Overseas citizen is now entitled to legal aid, subject to the means and merits tests.
The ongoing Review of Civil Legal Aid is considering the broader economic context of the civil legal aid market as a whole, including for immigration cases, so that it can operate sustainably in the long-term. we are due to publish a Green Paper in July 2024.
Asked by: Beth Winter (Labour - Cynon Valley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the potential implications for his policies of trends in the level of legal aid provision in Wales.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
The Legal Aid Agency (LAA) monitors supply across its legal aid contracts on an ongoing basis and, where demand is greater than the available supply, takes action within its operational powers to secure additional provision to ensure the continuity of legal aid-funded services. The LAA is satisfied that there is adequate provision of services in Wales across all categories of legal aid.
Once implemented, individuals who receive a removal notice under the Illegal Migration Act (IMA) will have access to free legal advice in relation to the removal notice.
We are setting fees for IMA work at 15% above the usual hourly rate to help augment capacity so we can meet the anticipated increase in demand for legal aid advice.
We have taken a number of steps to help increase access to legal aid for immigration and asylum cases across England and Wales. For example, we are providing up to £1.4m of funding in 2024 for accreditation and reaccreditation of senior caseworkers to conduct immigration and asylum legal aid work.
In 2019, we brought non-asylum immigration and citizenship matters into scope for under 18s who are not in the care of a parent, guardian, or legal authority. This means, for example, that a separated migrant child making an application for entry clearance, leave to enter, or to remain in the United Kingdom, or an application for registration as a British citizen or as a British subject, or for registration as a British overseas territories citizen or a British Overseas citizen is now entitled to legal aid, subject to the means and merits tests.
The ongoing Review of Civil Legal Aid is considering the broader economic context of the civil legal aid market as a whole, including for immigration cases, so that it can operate sustainably in the long-term. we are due to publish a Green Paper in July 2024.
Asked by: Beth Winter (Labour - Cynon Valley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps he is taking to ensure that (a) unaccompanied children and (b) other asylum seekers can access legal aid services in Wales.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
The Legal Aid Agency (LAA) monitors supply across its legal aid contracts on an ongoing basis and, where demand is greater than the available supply, takes action within its operational powers to secure additional provision to ensure the continuity of legal aid-funded services. The LAA is satisfied that there is adequate provision of services in Wales across all categories of legal aid.
Once implemented, individuals who receive a removal notice under the Illegal Migration Act (IMA) will have access to free legal advice in relation to the removal notice.
We are setting fees for IMA work at 15% above the usual hourly rate to help augment capacity so we can meet the anticipated increase in demand for legal aid advice.
We have taken a number of steps to help increase access to legal aid for immigration and asylum cases across England and Wales. For example, we are providing up to £1.4m of funding in 2024 for accreditation and reaccreditation of senior caseworkers to conduct immigration and asylum legal aid work.
In 2019, we brought non-asylum immigration and citizenship matters into scope for under 18s who are not in the care of a parent, guardian, or legal authority. This means, for example, that a separated migrant child making an application for entry clearance, leave to enter, or to remain in the United Kingdom, or an application for registration as a British citizen or as a British subject, or for registration as a British overseas territories citizen or a British Overseas citizen is now entitled to legal aid, subject to the means and merits tests.
The ongoing Review of Civil Legal Aid is considering the broader economic context of the civil legal aid market as a whole, including for immigration cases, so that it can operate sustainably in the long-term. we are due to publish a Green Paper in July 2024.
Asked by: Beth Winter (Labour - Cynon Valley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to help increase access to legal aid for immigration and asylum cases in Wales.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
The Legal Aid Agency (LAA) monitors supply across its legal aid contracts on an ongoing basis and, where demand is greater than the available supply, takes action within its operational powers to secure additional provision to ensure the continuity of legal aid-funded services. The LAA is satisfied that there is adequate provision of services in Wales across all categories of legal aid.
Once implemented, individuals who receive a removal notice under the Illegal Migration Act (IMA) will have access to free legal advice in relation to the removal notice.
We are setting fees for IMA work at 15% above the usual hourly rate to help augment capacity so we can meet the anticipated increase in demand for legal aid advice.
We have taken a number of steps to help increase access to legal aid for immigration and asylum cases across England and Wales. For example, we are providing up to £1.4m of funding in 2024 for accreditation and reaccreditation of senior caseworkers to conduct immigration and asylum legal aid work.
In 2019, we brought non-asylum immigration and citizenship matters into scope for under 18s who are not in the care of a parent, guardian, or legal authority. This means, for example, that a separated migrant child making an application for entry clearance, leave to enter, or to remain in the United Kingdom, or an application for registration as a British citizen or as a British subject, or for registration as a British overseas territories citizen or a British Overseas citizen is now entitled to legal aid, subject to the means and merits tests.
The ongoing Review of Civil Legal Aid is considering the broader economic context of the civil legal aid market as a whole, including for immigration cases, so that it can operate sustainably in the long-term. we are due to publish a Green Paper in July 2024.
Asked by: Beth Winter (Labour - Cynon Valley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to help ensure that people without the means to pay are able to access legal (a) advice and (b) representation for social welfare matters in Wales.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
In the last financial year, we spent approximately £1 billion on civil legal aid to support the most vulnerable.
We have injected £10 million a year into housing legal aid through the Housing Loss Prevention Advice Service (HLPAS). Since the launch of HLPAS in August 2023, individuals in England and Wales who are facing eviction or repossession have been able to receive free early legal advice on housing, debt, and welfare benefits issues.
All HLPAS schemes in Wales are currently served by an in-court duty solicitor who is able to give emergency on the day advice to anyone facing possession proceedings. Additionally, individuals facing the loss of their home can access early legal advice in respect of housing, debt and welfare benefit issues on a remote basis from any HLPAS provider irrespective of their geographic location. The current list of HPLAS providers can be found via this link.
The Ministry of Justice is also providing additional support to providers who deliver HLPAS, funding a panel of specialist legal advisors (available to providers across England and Wales) and providing £1.5 million in grant funding for the recruitment of trainee solicitors in England and Wales. Both measures are intended to boost provider expertise in social welfare law and enhance their ability to deliver legal aid.
The following table is a breakdown of legal aid providers and provider offices in Wales (position as of 2 April 2024). The LAA is satisfied that there is adequate provision of services in Wales across all categories of legal aid, including under the relevant HLPAS schemes.
Category | Providers | Offices |
Debt | 5 | 27 |
Housing | 5 | 27 |
Welfare Benefits | 1 | 1 |
HLPAS | 1 | 7 |
Wherever you are in England and Wales, legal advice for housing and debt remains available through the civil legal advice telephone service.
Furthermore, since the publication of the Legal Aid Means Test Review (MTR) Consultation Response in May 2023, the Government has been developing detailed implementation plans for the new legal aid means assessment. When fully implemented, this will increase the number of people eligible for civil legal aid in England and Wales by an additional 2.5 million per year.
The Ministry of Justice is also undertaking a Review of Civil Legal Aid to identify evidence-based options for moving to a more effective, efficient, and sustainable system for legal aid providers and the people who rely on legal aid. We will publish reports for all workstreams by May 2024, and plan to consult on proposed options in a Green Paper in July.
Asked by: John McDonnell (Labour - Hayes and Harlington)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if he will make an estimate of the cost to the aid budget of preparations to transport migrants to Rwanda including costs (a) paid to the Rwandan Government, (b) defending legal challenges (c) passing the Safety of Rwanda (Asylum and Immigration) Bill and (d) for flights and accommodation in the last 12 months.
Answered by Michael Tomlinson - Minister of State (Minister for Illegal Migration)
The funding for the Migration and Economic Development Partnership with Rwanda is separate from, and additional to, the Official Development Assistance (ODA) budget.
The most recently published information, which includes costs paid to the Rwandan government and legal fees, is the National Audit Office Report which can be found here: UK-Rwanda Partnership - NAO report.
Asked by: John McDonnell (Labour - Hayes and Harlington)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if he will make an estimate of potential future costs to the aid budget of plans to transport migrants to Rwanda including costs (a) paid to the Rwandan Government, (b) defending legal challenges and (c) flights and accommodation for the next 12 months.
Answered by Michael Tomlinson - Minister of State (Minister for Illegal Migration)
The funding for the Migration and Economic Development Partnership with Rwanda is separate from, and additional to, the Official Development Assistance (ODA) budget.
The most recently published information, which includes costs paid to the Rwandan government and legal fees, is the National Audit Office Report which can be found here: UK-Rwanda Partnership - NAO report.
Asked by: Emily Thornberry (Labour - Islington South and Finsbury)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the Answer of 23 November 2023 to Question 2542 on Legal Aid Scheme: Manchester and Middlesbrough, what progress has been made on preparing the evaluation report into the early legal advice pilot scheme; and when he plans to publish that report.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
We plan to publish all Early Legal Advice Pilot (ELAP) outputs in accordance with Government Social Research protocols very soon.
Asked by: Siobhain McDonagh (Labour - Mitcham and Morden)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what estimate he has made of the number of rape trials that have been postponed within 24 hours' notice in each year since 2010.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
The data held centrally by the Ministry of Justice on ineffective trials does not specifically identify those that have been postponed within 24 hours' notice. This information may be held on court records but to examine individual court records would be of disproportionate costs.
The Government is committed to improving the Criminal Justice System’s response to adult rape. This includes the significant progress we have made in delivering our Rape Review Action Plan. Within this plan, we set ourselves stretching ambitions to return the volumes of police referrals to the Crown Prosecution Service (CPS), CPS charges and Crown Court receipts for adult rape to 2016 levels. In practice, this means more than doubling the number of cases reaching court since the Rape Review was commissioned in 2019. We are pleased to say we have already exceeded these ambitions.
We also recognise that lengthy waiting times can be particularly difficult for victims of rape and other serious sexual offences who wish to see justice done and move on with their lives. The Senior Presiding Judge for England and Wales has recently announced that all rape cases outstanding for more than two years will be listed by the end of July 2024, providing certainty to those victims that their cases will be prioritised and heard as soon as possible.
Alongside the SPJ’s efforts, we continue to make sure we do more than ever to improve timeliness at court. This includes delivering over 107,000 additional sitting days in Crown Courts; opening two permanent ‘super courtrooms’ in Manchester and Loughborough; increasing criminal legal aid spending by £141 million per year; investing over £220 million for essential modernisation and repair work of court buildings (up to March 2025); and investing further in judicial recruitment and retention.
We know that support services play a critical role in supporting victims including those engaging with the Criminal Justice System. This is why we are quadrupling funding for victims and witness support services by 2024/25, up from £41 million in 2009/10. The funding will allow us to increase the number of Independent Sexual and Domestic Violence Advisors to around 1,000 by 2025.