Court reform

Establishing our professional probate user group

The group helped to drive improvements to the probate service and online probate system.

HMCTS developed a probate service recovery action plan using our recommendations, member research results and sustained engagement.

This has resulted in continued progress in reducing the backlog numbers and the timeliness of applications.

Grants issued has now outstripped the applications received for over 18 months.

The backlog has halved over the last 12 months.

No increase to divorce application fee

We successfully persuaded the UK government to drop its planned increase to the divorce application fee (from £593 to £652).

Extending reform programme

HMCTS extended the implementation period of reforms to allow proper testing and evaluation.

Court closures and remote hearings

Between 2010 and 2019, over half the courts across England and Wales were closed.

This was part of HMCTS’ plan to fund improvements to the court system, such as new digital services, by selling under-used court buildings.

We welcomed the modernisation of the court service, but emphasised that:

• some face-to-face hearings are necessary
• any technology used to replace physical hearings must be based in evidence

Since March 2020, hearings have been moving online. In 2024, HMCTS started to roll out a new Video Hearings Service (VHS).

As part of our engagement with the HMCTS Strategic Professional Engagement Group, we are kept updated on the progress of the development of the VHS.

We still believe there needs to be an updated evaluation on the use of remote hearings away from the context of the pandemic.

2023

• We call on the government to fund court repairs, remove reinforced autoclaved aerated concrete (RAAC) and replace lost capacity while works take place
• We suggest that unsold court buildings should be reopened
• We welcomed an extended timetable for court reform
• We share our views on remote hearings and video platforms

2022

• We publish recommendations to fix the court backlog – including reopening closed courts and reliable technology
• The Police, Crime, Sentencing and Courts Act passes, making permanent the temporary COVID measures allowing court users to appear remotely via video link
• Our working group met to discuss the HMCTS evaluation on remote hearings during the pandemic

2021

• We discus lifting coronavirus restrictions in courts and tribunals and provide evidence on court capacity and the future of legal aid
• We share our views on the role of remote hearings in the family justice system and in the Court of Protection – particularly their impact on vulnerable witnesses and access to justice
• We publish guidance for member safety in court and tribunal buildings, including when not to attend court in person
• HMCTS introduces the Video Hearings Service in Birmingham Civil and Family Justice Centre – we invite family solicitors to share their views on remote hearings
• Following our lobbying, HMCTS confirms that a number of police stations and courts reinstated remand hearings via Cloud Video Platform

2020

• We publish Law under lockdown, a report on the impact of COVID-19 measures on access to justice and vulnerable people
• We create an interactive map to show temporary Nightingale courts set up in response to the coronavirus pandemic
• We share our views on remote and hybrid hearings in the family court and the impact of COVID-19 measures

2018

• We tell HMCTS to delay future court closures until the reforms are shown to work
• We invite members to give their views on plans to close eight courts and on the government's approach to court closures
• video hearings pilot begins in Birmingham and Manchester

2016

• We create a briefing to help campaigners oppose the closures, after the government announces the closure of 86 courts

2015

• We respond to the government’s consultation on plans to close or merge 122 courts and tribunals in England and Wales

Read more about court closures and remote hearings. 

Professional court users' access scheme

August 2024

HMCTS announced it would roll out an adapted security search for members of the professional users’ court and tribunal access scheme (PUAS).

PUAS members can enter court buildings without needing a security check on each visit.

You can sign up to PUAS and get an ID card using:

• London Criminal Courts Solicitors’ Association (LCCSA), or
• Criminal Law Solicitors’ Association (CLSA)

May 2024

We raise concerns about searching procedures after serious incidents at Stratford Magistrates’ Court.

We subsequently welcomed the changes implemented by HMCTS meaning professional users of the court, including solicitors, were no longer subject to an enhanced search.

2022

HMCTS introduces solicitor ID cards and begins piloting manual searches in court and tribunal buildings.

Solicitors who sign up to the court ID card scheme for professional users are not impacted.

Probate changes

We supported the development of the online probate system.

We continue to regularly meet and work with HMCTS to improve the service it provides.

2024

We submit written evidence and are invited to provide oral evidence to the Justice Select Committee’s probate inquiry.

2023

We survey 381 probate practitioners on the online portal and published a guide on applying for probate as a legal professional.

2020

• All grants of probate applications (where there's a will) must be made using MyHMCTS, the online service for professionals
• New non-contentious probate rules also come into force

2019

• Launch of online probate service
• Our successful campaign against probate fees
• HMCTS introduces digital amendments to grants, known as re-issued grants
• We meet with HMCTS to discuss probate delays

2018

• House of Lords (HoL) put on record its regret that the proposed probate fees increase is greater than the cost of the service

2017

• Trial of online probate service for personal applicants and pre-selected solicitors

Changes to court working hours

One of the cross-cutting projects within the programme was to pilot extended and flexible operating hours (FOH).

This was part of court recovery plans in response to COVID-19 and the court reform programme.

While we recognised FOH could improve accessibility for some court users, we stressed that any changes must not compromise the quality of justice.

We called for careful consideration of how FOH would affect legal professionals, court staff and vulnerable individuals, particularly in ensuring adequate support and representation.

We emphasised the importance of proper consultation with stakeholders.

We highlighted the need for flexibility to be introduced in a way that doesn’t create new barriers (such as additional costs or logistical challenges) for those already facing difficulties accessing the justice system.

We sat on the Evaluation Advisory Group panel, providing input and advice. Our engagement in the pilots resulted in:

• the criminal pilots not going ahead
• pilots for different operating hours were pursued in the civil and family courts but were not adopted

July 2021

• Ministry of Justice announces resident judges would have the option to open courtrooms for longer – now known as ‘blended model under temporary operating hours’
• The final evaluation report finds “no strongly positive or negative impacts” across any measures

2020 to 2021 – COVID operating hours (COH) pilot

• July 2021 – lord chancellor takes the decision to endorse temporary operating arrangements on a short-term, timebound basis
• July 2021 – HMCTS publishes its evaluation report for the Flexible Operating Hours (FOH) pilot
• January 2021 – we give evidence to the Justice Select Committee’s session on the future of legal aid and court capacity
• December 2020 – we warn that COH are not the answer to the criminal courts backlog
• November 2020 – COH pilots finish and HMCTS issues rapid consultation
• August 2020 – COH pilots begin in Crown Court centres. We issue guidance for litigators and solicitor advocates

2017 to 2020 – flexible operating hours pilot (FOH)

• The pilot ran in two civil and family courts in Manchester and Brentford between September 2019 and March 2020.

The pilot tested:

• if civil and family court buildings can be used more effectively
• the benefits of letting people attend court outside normal sitting hours (from 10am to 4pm)
• how more flexibility impacts legal professionals (solicitors, barristers, court staff and judges)

We sat on the Evaluation Advisory Group panel and offered expertise and guidance to the evaluators.

Read more about changes to court working hours