Access to Justice and Covid-19: The Effects of Court Closures

The Covid-19 pandemic has seen drastic changes to the way in which justice is delivered. Since the beginning of lockdown in March 2020, almost all court hearings have been moved online, meaning virtual platforms such as Zoom are now being used to allow individuals to access the courts despite the lockdown. The new use of online courts has appeared to be useful in reducing the need to travel to court and making the process more timely. Despite this, there has been a large impact on certain demographic groups, such as the elderly and those without access to technology, who are struggling to access justice at all.

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Access to Technology

Despite the large backlog of 54,000 cases, reported in January 2021, one of the biggest problems caused by court closures is the restrictive role it has played in allowing people to access justice. This is largely because over 1.9 million people in the UK lack internet access, which makes it challenging to submit online court applications, attend hearings and contact solicitors. This is especially applicable to the elderly population, where more than 79% of over 65’s have not been able to access the internet this year. Additionally, even those with internet access can experience problems with online courts, as 11 million people are reported to not have what is deemed ‘basic digital skills’ in order to get online. Without access to technology or technological skills, these individuals are likely to have to find alternative ways of getting online, or, wait until courtrooms begin to open again.

It is not just court closures that have caused this; alternative ways of accessing justice have also been restricted due to Covid-19. Lockdown has meant that internet cafes and local libraries have had to close, which are often used by individuals that don’t have access to the internet or technology at home. This has meant that, for many, the likelihood of solving civil disputes or other legal issues has been significantly reduced.

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Why is this a Problem?

Access to justice plays a fundamental role in the UK’s constitution, in that accessing the courts is an inherent part of the rule of law. This was made clear in the Supreme Court case of R (UNISON) v Lord Chancellor [2017] UKSC 51. Not only does court access allow individuals to solve internal disputes, but it also ensures checks and balances are carried out on Parliament. This plays a crucial part in ensuring that power is not being exceeded and that fair and rational decisions are being made by those in charge. Without being able to access the courts, there are a large number of cases not being heard which is problematic because individuals aren’t able to enforce their rights to benefit both themselves and society.

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What is Being Done?

To resolve the problems of accessibility, Her Majesty’s Courts and Tribunals Service announced an investment of £1 billion to modernise IT systems and create an accessible system for all. Despite this announcement occurring before the Covid-19 pandemic, it is hoped that this investment will provide help for those without technology and the internet in order to reduce the gap between access to justice. Additionally to this, organisations such as the Citizens Advice Bureau are providing helpful advice to those trying to access courts and submit claims. This is particularly helpful during the pandemic as guidance is still being provided face-to-face in some areas, or over the telephone; providing a more accessible way to access justice.

In 2018, the human rights charity JUSTICE published a report on digital exclusion from online justice. Within it, they recognised groups that will be affected the most by the move to online courts, notably the homeless, detainees and the elderly. JUSTICE also provided recommendations to solve the issue of digital exclusion; focussing on digital training and the idea of digital assistance to support these high-risk groups. Following this, the Law Society report examining the impacts of Covid-19 on access to justice made recommendations to pay particular attention to ‘the rights of vulnerable people who struggle to participate in new remote forms of justice’. These reports highlight the growing need to protect recognised groups in society and ensure that they have equal opportunities to access the courts.

Despite many organisations and reports attempting to reduce or recognise the impact that online courts are having on specific groups in society, the government appears to be pioneering with the implementation of new video technology to support remote hearings with the aim to create a more secure online environment for the legal system. Since the investment announcement, there seem to have been little advancements towards breaking the barriers of access to justice individuals currently face. This may be problematic for the future because, as the delay in solving the problem increases, more individuals will experience problems with accessing the legal system.

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Looking into the Future

Virtual justice appears to be more present in the modern-day and is likely to become normality for the majority of appropriate cases going forward. If this is the case, the technological changes offered need to be accessible for all to achieve access to justice. If the access to justice gap grows, it is likely that there will be a large proportion of society who will struggle to access the courts. Emphasis is placed on the elderly and those without access to technology as these groups are likely to be affected the most by the move to online courts. Despite there still being opportunities for in-person court sessions to be held, technology appears to offer many benefits to lawyers and others using the legal system, which means it is likely to become a major part of proceedings for the foreseeable future. The importance of the rule of law and the role that access to justice plays in society means it is crucial for the Government to provide everyone with equal opportunities to access the courts, in order to reduce the barriers of accessing justice that is currently seen.

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Issy is a first year LLB law student at the University of Exeter with ambitions to pursue a career as a commercial solicitor. Outside of her studies, she enjoys playing cricket, going to the gym and learning more about the legal industry.