The Law Society has been involved in the work of HM Courts and Tribunals Services' (HMCTS) court reform programme since its inception, and I have taken part in a number of development meetings for their common platform system from its early stages, nearly six years ago.
We welcomed HMCTS’ court reform plans as we believe that investing in a modernised court system could benefit all users. The common platform was intended to connect defence lawyers, judges, the Crown Prosecution Service, police and prison service on one platform, so all parties had access to the same information on cases. The idea was that, through this, all would have quicker access to the most up-to-date information, and so it should have helped reduce the ever-growing backlog of criminal cases.
We strongly support investment in technology that improves working practices in the courts system. However, it has to be properly tested before being rolled out. In initial consultations, we raised concerns that the common platform prototype we were shown would not be effective as a case management system.
As of 20 January 2023, the common platform was being used in 173 criminal courts across the UK – that’s 76% of all criminal courts. Around 265,000 cases are currently being held on the system. However, after pausing the rollout in 2021 due to stability and technical issues and then resuming in March 2022, issues with the platform have continued to be raised by defence solicitors and other legal professionals working in the courts.
There have been reports of cases dropping off the system, meaning the court does not have a record of the case, technical errors, and courts starting late because judges, legal advisers and staff can’t access the system.
As a working criminal defence solicitor, I have come across similar problems when using the common platform. Technical issues, such as being timed out of the system when visiting clients, and not having a shareable online document for forms, have led me to agree with the many others who view the common platform as not fit for purpose. The court staff who have taken strike action over it in October of last year and January 2023 have described it, in its current state, as more of a strain on their already over-stretched resources.
Whilst we support court modernising reforms, the evidence from people working in the criminal justice system shows that the common platform is not delivering what it promised, despite significant funding and consultation. In my view HMCTS has not been fully transparent on the true progress of the rollout: it is not a case of users adapting, but providers reviewing a dysfunctional system that may have been launched too soon. We have raised concerns about this which are reflected in today's publication of the National Audit Office’s (NAO’s) report.
The report paints a damning picture of the reform failing to deliver what was intended.
The NAO’s conclusion that the expected savings will be £310million less than planned will be a bitter pill for defence practitioners to swallow. They have not seen an increase in funding for decades and are looking to the Law Society to challenge the Ministry of Justice’s decision making to secure the funding necessary for a sustainable criminal justice system.
We urge greater commitment from the government to address the issues with the common platform that are severely impacting services, alongside properly resourcing the criminal justice system so it can function as society needs it to.
Scott Bowen is a criminal defence solicitor with Blackfords LLP, a member of the Law Society’s criminal law committee, Law Society council member and a member of its National Board for Wales. He writes in a personal capacity
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