Virtual Justice - Enhancing accessibility, participation and procedural justice in family courts and tribunals during the COVID-19 pandemic

Lead Research Organisation: University of Oxford
Department Name: Law Faculty

Abstract

Perceptions of accessibility and fairness are central to civil order and the legitimacy of the legal system and state. COVID-19 and social distancing rules have forced radical changes upon the justice system with many trials now having to take place online from participants' homes with no one being present in a physical courtroom. There is currently no online support to prepare members of the public for appearing in court from their own home or to guide them around these new virtual spaces. This poses a number of challenges to the validity of the process with many interest groups expressing concern about due process and the dangers of alienating court users from the process. There are particular concerns about the ability of the digitally impoverished, vulnerable and other lay users to participate effectively in this new way of doing justice. Working
in partnership with Her Majesty's Courts and Tribunal Service this project will draw on existing research and extensive consultation with the public, court staff, interest groups, practitioners and policy makers to produce a central repository of good practice materials and a series of audiovisual guides. It will be guided by the five key goals of enhancing technical competence; improving understanding of court processes; supporting court users in navigating the alternative geographies and sense of time in virtual space; engendering a sense of journeys to and from civic space; and promoting dignity and gravitas in virtual court proceedings.
 
Description This research focused on fuinding out more about the ways in which HM Couyrts and Tribunal Service could support the growing number of lay people being asked to join trials online. Extensive consultation with professionals demonstrated the importance of customised guidance in a highly fragmented legal system. Five public information films were produced and tested with members of the public including a number of users of food banks. Thsi deminstrated how little people understand about the legal process and the need to produce public information materials that reduced stress, spoke to the needs of a diverse range of users and provided legal, processual and emotional support. the research team argued that much more efforts needs to be put into resaerching the needs of the digitally disadvantaged, who constitute a hard to get at research group.
Exploitation Route At the end of the project grant the resaerch team hamnded over a suite of materials to HM Courts and TRibunal Services. This will allow them to produce additional films at a relatively low cost. To date 10,000 litigants ahve watched the films we produced. References to them now appear in correspondence with litigants in five jurisdictions. Our judicial partners believe that these have set a new gold standard for public information films and are the first films to be loaded on to the HMCTS YouTube site which have BSL versions. . We believ that they also improve on the good practice outlined by the Cabinet Office. We consider that the methodology used in seeking out the digitally disadvantaged is also an important breakthrough.
Sectors Education

Government

Democracy and Justice

URL https://www.law.ox.ac.uk/supporting-online-justice-enhancing-accessibility-participation-and-procedural-fairness
 
Description A suite of audio-visual guides for lay users of trial by video hearing which now appear on HM Courts and Tribunals Service YouTube website. Links are also being included in correspondence with litigants in four jurisdictions. We are in ongoing consultation with HMCTS about the roll out of these products.
First Year Of Impact 2022
Sector Digital/Communication/Information Technologies (including Software),Education,Government, Democracy and Justice
 
Description Everyday use of films to support litigants
Geographic Reach National 
Policy Influence Type Contribution to new or improved professional practice
Impact Our films have been praised for being user friendly and combing legal information with practical and emotional support. HMCTS are committed to evaluating the impact of these films through keeping track of usage on YouTube.
 
Description ESRC IAA
Amount £21,837 (GBP)
Organisation University of Oxford 
Sector Academic/University
Country United Kingdom
Start 06/2022 
End 12/2022
 
Description Invited presentation at the Council of Europe 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Policymakers/politicians
Results and Impact Mulcahy and Tsalapatanis were invited to present at a one day conference on Virtual Justice. This was an important event at which we were given the opportunity to present the findings of the Supporting online justice project to judges, senior civil servants, tech companies and academics.
Year(s) Of Engagement Activity 2023
 
Description Ministry of Justice User Engagement Event. 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact Mulcahy and Tsalapatanis have been invited to take part in a User Enagegement Day at the Ministry of Justice. This involves us having a stall at which we can talk to delegates about our research outcomes. Delegates will be made up of civil servants and representatives from the advice and legal sector.
Year(s) Of Engagement Activity 2023
 
Description Presentation at regional judges seminars 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact Following the launch of the films we have been invited to numerous regional seminars with judges
Year(s) Of Engagement Activity 2022
 
Description Presentation to HMCTS Litigants in person engagement group 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Third sector organisations
Results and Impact Presentation to the HMCTS Litigants in person user engagement group. this is made up of key stakeholders in the field who support litigants in person.
Year(s) Of Engagement Activity 2021,2022
 
Description School open day 
Form Of Engagement Activity Participation in an open day or visit at my research institution
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Schools
Results and Impact Mulcahy and Tsalapatanis were invited to an Oxford University open day for secondary school children as a result of woinning one of the Vice Chancellor's Impact and Engagement Awards, The event consisted of us being at a stand to talk to the school children about our research.
Year(s) Of Engagement Activity 2022