Covid Secure Civil Courts?

Severe concerns exist regarding the safety of those being compelled to attend HMCTS civil courts

The official line from HMCTS is clear. That courts in the UK are COVID-19 secure.

The facts tell a different story altogether.

Outbreaks at half a dozen courts in the North East and North West circuits such as Leeds and Liverpool in the last few weeks show that HMCTS’ position is at best ill-informed and hopelessly optimistic. There have been further instances of the virus spreading at other courts across the UK. The PCS union has expressed severe concerns to its members regarding the safety of their workplaces, as has The Bar Council.

PCS members are encouraged to walk out of an unsafe working environment. Given the level of workplace bullying known to go on at civil courts such as York County Court it’s highly unlikely any member of court staff would do this.

Civil court users are not so lucky.

I have a hearing in case at Doncaster next week. The Defendant in the claim has already expressed surprise that the hearing is still set to go ahead despite a second national lockdown.

I have also expressed my own surprise to court staff who simply directed me to a webpage with the usual platitudes and informed that the hearing was still set for next week. The attitude towards safety concerns raised was dismissive and lethargic. This is simply not good enough in a pandemic.

None of the valid concerns I have expressed in communication with the court have received a response.

The simple fact is that a public building cannot be made COVID-19 secure any more than HMCTS can claim to have ensured a building is totally free of dust, oxygen or carbon atoms. Thus everyone attending a hearing at any court will be exposed to a potential risk of a severe illness, as will any of their family members when the attendee returns home.

If HMCTS were an organisation which is able to get the basics of running the civil system right then there would be more confidence in the claim that courts are COVID-19 secure. But the hopelessly inept, slapdash approach that characterises HMCTS pre-pandemic does not inspire confidence.

When people are being compelled to attend civil hearings in circumstances where there have been severe outbreaks in court buildings and staff appear dismissive of safety concerns one has to consider what the priorities of HMCTS are. Public health isn’t one of them.

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