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Chair’s summary – Strategic Engagement Group Meeting 28 January 2020

Published 19 February 2020

1. Introduction

A summary of the discussion at the Strategic Engagement Group (StratEG) meeting held on 28 January 2020 at 102 Petty France. It provides an overview of the presentations and highlights key discussions at the meeting.

Members of the Bar Council, Law Society and Chartered Institute of Legal Executives (CILEx) met with HMCTS Strategic Engagement Team and Reform project teams for the latest six-weekly update and discussion.

2. Court reform

The representatives (reps) from the legal professional bodies received an update from each jurisdiction, as well as an in-depth presentation from projects. The projects are either selected on request from the forum’s membership or when projects have timely updates for the group. At this meeting we had presentations about:

• Social Security Child Support (SSCS) Continuous Online Resolution(COR)Tribunals Evaluation Design
• Tribunal Case Management System (Manchester & Glasgow)

The group were provided with on overview of the aim of the SSCS COR Project, which is for Tribunal panels to deliver quicker decisions in cases without the need to hold formal hearings.

After explaining the process, the group were taken through a demo of what the screens look like to see what format the questioning takes place in. A panel can ask an appellant two rounds of three questions based on information which will help inform their decision-making and the appellant can attach any relevant documentation to their responses.

This pilot has been running in SSCS since July 2019 with 90% of cases achieving an outcome and not needing to revert to formal hearings. The group were advised that other tribunals are keen to try COR and so the project and judiciary are working to find suitable tribunals to extend to.

The Bar Council queried if a COR case background would be known to the panel, it was confirmed they would be. Bar Council reps also asked about the extension of the pilot and success of COR versus formal hearings and the group were advised that all pilots are evaluated in this regard and findings would be shared when available.

In terms of the Tribunal Case Management System it was explained to the group that the development of this was due to the existing ETHOS system needing replacing due to its age. Although not much to update at present the new case management system is being trialled with multiple claims and will be rolled out across England and Wales with further updates to be provided when available.

3. Presentations from reform projects

In an update on the Mediation Pilot, the Civil team clarified to the group that the mediators who take part are volunteers who are offered the work and are paid by the parties if they choose to participate. It was also highlighted that what is deemed a “suitable case” may vary from court to court as this depends on judicial discretion, and by take-up from parties. Bar Council reps mentioned the signposting work which the whole group have been doing with the aim of ensuring there is as much information as possible available online for members of the public to be able to seek legal advice if necessary. This is an ongoing piece of work.

4. Next meeting

The next meeting is scheduled in March 2020 with presentations due from Courts & Tribunals Service Centres, Common Platform and Divorce project teams. Due to interest from the reps, secretariat had sought an update from the Enforcement and Possession project, but discussions took place during the meeting about how this will follow once major components of the Civil project are perfected. The Law Society reps offered to join up the project and their own Housing practitioner committee for conversations to take place as and when necessary, which was welcomed by HMCTS.

Caroline Olaiya
Head of Strategic Stakeholder Relations
Chair of StratEG