Delivering Justice, Rights and Democracy DCA Departmental

Delivering justice, rights and democracy DCA Departmental Report 2004/05 This document (Cm 6530) is part of a series of three documents that make up the Departmental Report of the Department for Constitutional Affairs 2004/05. The other two documents are the 2004/05 annual report of the Scotland Office (Cm 6544) and the 2004/05 annual report of the Wales Office (Cm 6545). It is part of a series of departmental reports (Cm 6521 to Cm 6548) which, along with the Main Estimates, the document Public Expenditure: Statistical Analyses 2005/06, and the Supply Estimates 2005/06: Supplementary Budgetary Information, present the Government’s expenditure plans for 2005–08.

The complete series of Departmental Reports and Public Expenditure Statistical Analyses 2005 is also available as a set at a discounted price.

The information contained in this report is also available on the DCA website at www.dca.gov.uk Delivering justice, rights and democracy DCA Departmental Report 2004/05

Northern Ireland Court Service The National Archives Her Majesty’s Land Registry

The Government’s Expenditure Plans for 2005–08

Presented to Parliament by the Secretary of State for Constitutional Affairs and Lord Chancellor and the Chief Secretary to the Treasury by Command of Her Majesty

June 2005

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2 hpe eieigfrtepbi 103 63 73 87 55 33 TWO 19 PART public forthe Delivering 13 democracy, rightsandresponsibilities Strengthening Chapter 8 disputeresolution effective more and Faster Chapter 7 Protecting thevulnerable Chapter 6 appeals immigration and asylum Speedingup Chapter 5 behaviour anti-social and crime Reducing Chapter 4 in2004/05 performance Summaryof Chapter 3 organisation objectivesand Purpose, Chapter 2 Chapter 1 ONE PART Summary Executive oeodb h PermanentSecretary bythe Foreword Chancellor Lord and State Secretary of bythe Foreword Contents hpe 0Acut 169 188 121 Review2004 Spending Review2002and Spending Mapping chart Organisational Annex B Accounts Annex A Otheroffices Chapter 10 Chapter 9 S agt 190 Targets PSA 7 6 4

Contents 3 Foreword by the Secretary of State and Lord Chancellor

When the Over the last year, we have continued to Department for make real improvements to the way the Constitutional legal and justice system operates. The Affairs (DCA) was launch of Her Majesty’s Courts Service in established in April 2005 has brought benefits for the law- 2003, we abiding public by bringing all of the criminal, concentrated what we do into three words: civil and family courts in England and Wales justice, rights and democracy. These are the under a single management structure. foundations of a decent, fair and civilised This improves the efficiency of the courts, society – the kind of society in which we all meaning more effective and robust justice want to live. for local communities. We are bringing key tribunals together with similar intent. The Department is responsible for upholding the rule of law and ensuring that We have improved the enforcement of court our system of justice delivers for everyone. orders. The use of special facilities, such as We are determined to protect and promote live TV links for witnesses to give evidence, people’s rights and, equally, ensure that has continued to make court proceedings people are held accountable for fulfilling less intimidating for those seeking justice. 4 their responsibilities. We will ensure that our We have worked to increase diversity in the democratic and justice systems work in the judiciary, and to encourage those who best way possible. We are committed to would not normally consider becoming a improving the ways in which people are able magistrate to do so, ensuring that the to engage with public institutions – delivery of local justice reflects the reforming our constitutional arrangements community it serves. so they are fit for the 21st century. We have made real progress since DCA Our work has a real, day-to-day impact on was created in 2003. But there is still much people’s lives. We deliver important public more to do. DCA’s 5 Year Strategy 2004–09 services, taking forward the policies that set the direction of travel for a modern address the everyday concerns of our public service delivery department and, in communities. We are responsible for May 2005, I published Making a Difference managing the courts that tackle crime and – Taking Forward Our Priorities,which anti-social behaviour – a blight for many, but shows how we will focus on a number of especially those living in disadvantaged key areas, including:

Foreword areas. We offer the means for people to resolve disputes and seek redress, and the • support for victims and witnesses means for people to deal with heart- searchingly difficult family issues. • support for magistrates to provide justice This Annual Report sets out what we have achieved over the past year. The challenge • respect for the authority of the courts ahead is to continue with our reforms and to focus on the key areas that matter to the • efficient and effective fraud trials general public. • a diverse judiciary • a fairer deal for legal aid

• reformed legal services

• tackling the compensation culture

• further reform of the House of Lords

• improved electoral administration.

This clearly shows how we have learnt from our experience, listened to the public and used this to shape our key priorities for the coming period. Our reforms will impact on these people and many others in a positive way. Our policies will be focused on putting people at the heart of the way justice, rights and democracy are delivered. We will continue to work with our partners to deliver on these key areas.

The Department is ensuring that justice, rights and democracy are not merely abstract concepts, but actually connect with the way people live their lives and what 5 they want and expect from public services. I look forward to more progress in these areas in the months and years ahead.

Rt Hon Lord Falconer QC Secretary of State for Constitutional Affairs and Lord Chancellor Foreword Foreword by the Permanent Secretary

I have been Equality Index for 2005, DCA was ranked as Permanent the sixth best employer for gay people in Secretary in the Britain and was the best of all Government Department for departments. This is an important Constitutional achievement. We recognise that a diverse Affairs for almost team will go a long way to improving a year. In this relatively short time I have the way our diverse communities can never ceased to be amazed by the impact be served. of DCA’s work, and this report shows the extent of the progress we have achieved And we are improving our communication over the past year. to make the public aware of the importance of the work we do and our successes. Essential to achieving these objectives is We must continue to build up a public our focus on the users of our services. From understanding of the increasingly important 1 April 2005, when the Crown, county and role that DCA plays in society. magistrates’ courts came together with the creation of Her Majesty’s Courts Service, This is an important agenda: customer DCA became an employer of nearly 24,000 service; teamwork; professional skills; 6 people. Over 20,000 of these people work diversity and communications. These are in delivering services directly to the public – the key areas we will need to focus on with from listing officers, who make sure combined effort in order to deliver the courtroom cases are processed quickly to Secretary of State’s 5 Year Strategy and ushers, who are on the front line of the immediate priorities in the Making a engaging with victims, witness, and Difference document. defendants as they enter the courts. Our work affects the whole country. Day in, day I’m really proud to be working for a out, DCA is making a real difference. Ministerial team that has got the determination to carry through what it wants We are committed to building our skills so to do. But I am just as proud to be working we continue to deliver first-class public with a body of staff who are dedicated and services. With the backing of all committed right across the country to Government departments, the Cabinet dealing with incredibly important issues. Secretary and Head of the Home Civil These are issues that are important to the Service has launched a new ‘Professional law-abiding public, and issues on which we

Foreword Skills for Government’ programme. This can make a difference to the lives of aims to focus on training needs for all the ordinary people. different jobs across the Civil Service. DCA is playing an important role here, helping to determine the key skills for delivering top- quality services for the law-abiding public.

I am particularly proud of the Department’s diversity. We have one of the most Alex Allan comprehensive systems of staff networks in Permanent Secretary the country, and through these networks we are ensuring that diversity issues become a part of our collective consciousness with tangible results. In the Stonewall Corporate Executive Summary • The Ministerial team is supported by a Permanent Secretary (Alex Allan), and a Ministerial Executive Board which About DCA includes the eight senior policy and operational officials from DCA and its Our purpose major agencies and four non-executives. • DCA is responsible for upholding justice, rights and democracy, the foundations of a civilised society. We work from the Justice simple rule that we exist to serve the public, not the provider. More offenders brought to justice • The number of crimes for which an Our functions offender was brought to justice • During 2004/05, DCA was responsible increased to 1.131 million (December for approximately £3.5 billion of public 2004) compared with 1.096 million spending. At the heart of this was over (November 2003). Since 2002/03 the £2 billion on legal aid and £1 billion on rate of ineffective trials has reduced the operation of our courts, all going from 24 per cent to 14.4 per cent in the towards the delivery of a fair and Crown Court and from 31 per cent to effective system of criminal, family and 22.7 per cent in the magistrates’ courts civil justice. (quarter ending March 2005).

• Associated with DCA are a number of Increased public confidence in the related organisations such as the criminal justice system Northern Ireland Court Service, Her • In the year to December 2004, 7 Majesty’s Land Registry and The 43 per cent of the public believed that National Archives (sister departments the criminal justice system is effective in that report directly to the Secretary of bringing people who commit crimes to State); Her Majesty’s Courts Service justice – up from 39 per cent in 2003. and the Public Guardianship Office (executive agencies wholly part of DCA) • We have also improved the experience and the Legal Services Commission (an of victims and witnesses, enabled wider executive non-departmental public community involvement in the justice body). process, set up specialist courts to tackle anti-social behaviour and • The administrative functions of introduced other initiatives to help Scotland Office (including the Office of support the victims of domestic the Advocate General for Scotland) and violence, combat drug dependency, Wales Office are part of DCA. The two and ensure the rigorous enforcement of Offices have produced separate annual fines. We continued to upgrade court

reports for 2004/05. buildings and information technology to Executive Summary ensure the delivery of joined-up criminal How we are organised justice. • DCA has a Secretary of State (Lord Falconer, who is also the Lord Chancellor), a Minister of State (Harriet Harman QC MP) and two Parliamentary Under Secretaries of State (Baroness Ashton and Bridget Prentice MP). • We contacted every magistrate in Rights England and Wales, seeking their views on how the magistrates’ courts can be More people accessing information made more connected, effective and about their public services respected. We are continuing to • The Freedom of Information Act was investigate the outcomes of this fully implemented in January 2005 with consultation and will publish a White DCA taking a central role in providing Paper later in 2005. advice during the first few months. Statistics will be published shortly on More effective ways of solving disputes how central government has • We have continued to help people performed. resolve their disputes at the earliest possible stage by promoting mediation A fair and decent society as an alternative to court appearances • We introduced a new legal regime for with increased customer satisfaction adults who cannot take decisions for with the courts, tribunals and other themselves. The law is now driven by offices – 95 per cent of all civil and what is in their interests. Carers who family courts achieved Charter Mark act in the best interest of people in their accreditation by April 2004. care will not be vulnerable to legal action. Faster asylum and immigration appeals • In 2003/04 64 per cent of new • New legislation now enables substantive asylum applications transsexual people to gain proper legal including final appeal were decided recognition in their acquired gender, 8 within 6 months with 74 per cent of ensuring that they are afforded the appeals determined within 12 weeks rights appropriate to that gender. (compared with the target of 65 per cent). • We began a programme of work to address perceptions of a compensation • A new Asylum and Immigration Tribunal culture by tackling practices that started work on 4 April 2005 with a encourage invalid claims. new system of higher court oversight and a regulation making power for new • Legislation on commonhold for people legal aid arrangements – all designed to living in flats has made it easier for streamline the process, prevent abuse them to own the freehold of their of the system and ensure cases are property through the new form of concluded more rapidly. commonhold tenure.

• A new legal framework for public inquiries provides powers to establish

Executive Summary the facts quickly, effectively and at reasonable cost, thus promoting public confidence in the processes, conclusions and any recommendations. Lawyers and legal aid meeting the needs A strong, independent and diverse of the law-abiding public judiciary • We introduced measures in 2004/05 to • A key part of the constitutional reforms improve the way criminal cases are has been to promote a more diverse managed so that legal aid is targeted judiciary. As well as legislating for – and more efficiently and the process is more working towards – the establishment of effective. We developed draft legislation the Judicial Appointments Commission, which is now before Parliament that will DCA is committed to increasing the make those found guilty of a criminal diversity of the judiciary. We have offence pay for their defence when they developed a more transparent process can clearly afford to do so. – with a clear competence framework for judicial selection and assessment • We have conducted a thorough review centres being used for an increased of the legal aid system so that it number of appointments; new responds to what the public wants and arrangements are in place for Circuit justice requires – guaranteeing fair and Bench and Recorder appointments; equal access to justice for all who need and new appointments to the ‘lay it. We will shortly publish our analysis interviewers’ have been made, and plans for fundamental reform of increasing the proportion of black and legal aid to put it on a sustainable minority ethnic representation. footing for the long term. Citizens engaged with democracy • An independent review of the regulatory • DCA is committed to getting more framework for legal services people involved in the electoral recommended the creation of a Legal process, including by utilising new ways 9 Services Board to oversee the legal of voting. All-postal and electronic services sector and put forward ways voting was piloted in local elections of opening up the way legal practices between 2000 and 2003 and all-postal are managed and owned. We will voting was piloted in four areas in the publish a White Paper in autumn 2005 June 2004 European and local with legislation to follow to set the elections. We will continue to promote parameters of the new regulatory democratic engagement and increase framework. public confidence in the system.

Democracy

A modern department focused on the public’s priorities • The Constitutional Reform Act received

Royal Assent in March 2005. We are Executive Summary now establishing the new Supreme Court and an independent Judicial Appointments Commission. The Lord Chancellor will no longer be a judge or head of the judiciary, instead focusing on delivering services for the public and upholding the rule of law in government. Delivery • We began work to bring together many of the largest central Government Delivering justice, rights and democracy tribunals – providing real improvements • In December 2004 DCA published its in services to tribunal users. The new strategy for the next five years based Tribunals Service will be launched in around the top priorities of: reducing April 2006, and by 2008 DCA’s current crime; speeding up asylum and tribunals will be joined by other major immigration appeals; protecting the tribunals to offer a better and more vulnerable; faster and more effective consistent service to those who need dispute resolution; and renewing the their disputes resolved. relationship between the public and the state. DCA has also put in place an A motivated, effective and efficient effective process to focus our department operations on meeting these objectives • The diversity of DCA personnel and a new Public Service Agreement continued to improve to better serve agreed in the 2004 Spending Review. our diverse communities – the current fast stream cadre includes 6.6 per cent Putting the public first disabled staff and 8.8 per cent of • Her Majesty’s Courts Service was minority ethnic origin, and 57.7 per launched in April 2005 to merge the cent are women. Magistrates’ Courts Committees and the Court Service. This is a more • We introduced a series of efficiencies in streamlined structure which, critically, the way asylum and criminal legal aid is will make it easier for our courts to used, and increased fine payment rates 10 respond to national priorities and the to 80 per cent compared with 69 per needs of local communities. cent in the first quarter of 2003/04. Executive Summary 11 Executive Summary We are responsible for upholding justice, rights and democracy. 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2 Summary of performance in 2004/05 Performance data against all seven PSA Targets

2.1 The following tables are for Spending Review 2002 performance. Details of previous Spending Review periods and DCA’s accounts for 2004/05 are in Chapter 10.

Objective I: To ensure the effective delivery of justice

DCA works with others across Government and with local partners to reduce crime and anti- social behaviour and empower people to exercise their rights and enforce their responsibilities. We work to reduce the number of ineffective trials and to guarantee the rights of defendants whilst ensuring that the public are protected and that jurors, victims and witnesses are treated with respect and care.

Target 1: To improve the delivery of justice by increasing the number of crimes for which an offender is brought to justice1 to 1.15 million by 2005/06; with an improvement in all Criminal 20 Justice System areas, a greater increase in the worst performing areas and a reduction in the proportion of ineffective trials.2 (Contributing to Criminal Justice System PSA.)

Measures Latest outturn Increasing the number of crimes for which ON COURSE an offender is brought to justice Baseline: (Home Office-Office for Criminal The target will be met if 1.15 million offences Justice Reform (OCJR) March 2002) are brought to justice in 2005/06. 1,002,000 Latest outturn: (Home Office-OCJR provisional figures for December 2004) 1.131 million Target (2005/06): 1,150,000 This element of the target was modified in the 2004 Spending Review, superseding the

2 Summary of performance in 2004/05 previous target of 1.2 million offences brought to justice in 2005/06. This adjustment removed a number of minor motoring offences (known as 825/90 offences) which had been previously counted. At the same time, a higher target of 1.25 million offences brought to justice was set for 2007/08.

1 ‘Offences brought to justice’ counts the number of offences that someone is convicted of, cautioned, has had taken into consideration by the court, or for which they receive a penalty notice (either for harassment, shoplifting (retail under £200) or vandalism (damages under £500)). Formal warnings for the possession of cannabis are also included. Only notifiable cases are counted. 2 ‘Ineffective trials’ are trials that, on the date expected, do not proceed due to action or inaction by one or more of the prosecution, the defence or the court and a further listing for trial is required. Target 1 (continued)

1,300,000 Target: 1.25 million OBTJ in 2007/08 1,250,000 Latest performance Dec 2004: 1.131 million Trajectory 1,200,000

1,150,000

1,100,000 Target: 1.15 million OBTJ in 2005/06 1,050,000 Offences brought to justice (OBTJ) brought Offences 1,000,000 Baseline March 2002: 1.002 million

950,000 Mar-99 Mar-00 Mar-01 Mar-02 Mar-03 Mar-04 Mar-05 Mar-06 Mar-07 Mar-08

Year ending

Measures Latest outturn 21 An improvement in all Criminal Justice SLIPPAGE System areas The latest outturn is that 36 of the 42 The target will be met if, in each of the 42 Criminal Justice System areas had improved Criminal Justice System areas, more offences their performance over the baseline year. are brought to justice in 2005/06 than in the There are currently six areas where baseline year, 2001/02. performance is below the baseline.

A greater increase in worse performing areas ON COURSE The target will be met if the average 18 areas were classified as ‘worse performance improvement achieved by the performing’. worst performing Criminal Justice System As at December 2004 the aggregated areas between 2001/02 and 2005/06 is performance of the worse performing areas greater than the national average performance was on track to achieve the target. improvement over the same period. 2 Summary of performance in 2004/05 A reduction in the proportion of ineffective ON COURSE trials Latest outturn for the proportion of The target will be met if the national level of ineffective trials (quarter ending March 2005) improvement for Crown Court and shows: magistrates’ courts is 27% by March 2006. • a reduction for Crown Court Centres from This equates to a reduction in the proportion 24% (baseline) to 14.4% of ineffective trials from 24% to 17% in the • a reduction for magistrates’ courts from Crown Court, and from 31% to 23% in the 31% (baseline) to 22.7%. magistrates’ courts. Target 1 (continued)

Reducing ineffective trials in the Crown Court 30%

Baseline: 24% (Sep 01 to Aug 02)

25%

Target: 17% q/ending Mar 06 20% Ineffective trial rate Ineffective

15%

Latest performance q/ending Mar 05: 14.4% 10% Mar-02 Mar-03 Mar-04 Mar-05 Mar-06 Quarter ending

Reducing ineffective trials in the magistrates’ courts

35%

30%

Baseline: 31% (Apr 02 to Sep 02) Target: 23% q/ending Mar 06 25% Ineffective trial rate Ineffective 20% 2 Summary of performance in 2004/05 Latest performance q/ending Mar 05: 22.7%

15% Mar-02 Mar-03 Mar-04 Mar-05 Mar-06 Quarter ending Target 2: Improve the level of confidence in the Criminal Justice System, including increasing that of ethnic minority communities, and increasing year on year the satisfaction of victims and witnesses, whilst respecting the rights of defendants. (Contributing to Criminal Justice System PSA.)3

Measures Latest outturn Improve the level of public confidence in AHEAD the Criminal Justice System Baseline: (British Crime Survey (BCS) This will be met if, by March 2006, the level of 2002–03) 39% public confidence has increased, compared Annual outturn: (BCS 2003–04) 41% with the baseline year (2002/03). Latest outturn: (year to Dec 2004) 43%

Including increasing that of ethnic minority AHEAD communities Baseline: (BCS 2002–03) 49% This will be met if, by March 2006, the level of Outturn: (BCS March 2004) 56% confidence amongst black and minority ethnic people is statistically higher than that during the baseline year (2002/03).

Increasing year on year the satisfaction of NOT YET ASSESSED victims Baseline: (BCS 2003–04) 59% This will be met if the level of satisfaction of First outturn: (BCS 2004–05) July 2005 23 victims increases year on year during the This is measured using new BCS questions target period (April 2003 to March 2006) with on victim satisfaction with the CJS, which the final year showing a statistically were introduced in October 2003, together significant increase over the first year. with questions on victim satisfaction with the police.

Increasing year on year the satisfaction of NOT YET ASSESSED witnesses Baseline: (BCS 2003–04) 57% This will be met if the level of satisfaction of First outturn: (BCS 2004–05) July 2005 witnesses increases year on year during the This is measured using a new BCS target period (April 2003 to March 2006) with question measuring witness satisfaction the final year showing a statistically with the police which was introduced in significant increase over the first year. October 2003.

Respecting the rights of defendants The rights of defendants are protected by 2 Summary of performance in 2004/05 law. We will investigate and take action if there is any evidence that the rights of defendants are not being respected or that public confidence in rights being respected is falling.

3 Public confidence is being measured through a question in the British Crime Survey on effectiveness of the Criminal Justice System in bringing people who commit crimes to justice. The target requires a statistically significant increase (one percentage point). Ethnic minority confidence is being measured through the same question and requires a three percentage point increase. Victim and witness satisfaction will be measured through new questions in the British Crime Survey, with a target of a three percentage point increase on the baseline (October 2003 – March 2004). Objective II: To ensure a fair and effective system of civil and administrative law

DCA works to deliver a fair and effective system of civil and administrative law in order to help reduce anti-social behaviour, tackle asylum abuses and create sustainable communities. We work to give people access to a choice of proportionate and low cost ways to resolve disputes including alternatives to court-based systems. We work to make sure that costs are kept to a minimum, delays are avoided and judgments are enforced so that excellent customer service becomes the norm.

Target 3: Reduce the proportion of disputes which are resolved by resort to the courts.

Measures, baselines and target levels Latest outturn (i) Reduce the number of non-family claims in SLIPPAGE the civil courts by 11.8% (from 1.79 million to Latest outturn: (year to March 2005) 1.58 million) 1.791 million Slippage due to the large increase in the number of claims for recovery of debt and fines issued by major users – such as water utilities, the DVLA and the Inland Revenue. These claims are rarely defended, and are even more rarely the subject of court hearings. They are not, therefore, ‘disputes’ in the sense envisaged in the wording of 24 the target.

(ii) Reduce the proportion of allocated AHEAD (i.e. defended) cases that are resolved by a Latest outturn: (year to March 2005) 40.5% hearing by 1.9% (from 48.9% to 47%)

(iii) Reduce the number of hearings by 9.3% AHEAD (from 71,300 to 64,700) Latest outturn: (year to March 2005) 61,500

(iv) Increase the proportion of Contact and SLIPPAGE Ancillary Relief Orders made by consent by Latest outturn: (year to March 2005) 69.9% 2.8% (from 70.6% to 73.4%) a) Maintain the proportion of Ancillary Relief a) Ancillary Relief Orders – current Orders made by consent at over 90% performance is 91.2%

2 Summary of performance in 2004/05 b) Increase the proportion of Contact Orders b) Contact Orders – current performance is made by consent to 32.2% 32.0% This is a composite target and the two separate elements are performing well. However, because we have seen a greater increase in the number of Contact Orders compared with Ancillary Relief Orders, overall performance is being dragged down. This is because less than 33% of Contact Orders are made by consent compared with the much higher rate of 90% for ancillaries. 4 oeta obe h ubro orsta C ietyoese.Bcueo hs hne ehv gedwt Her agreed with have period. changes we PSA ofthese as‘metearly’fortheremainder ofthe Because bereported Majesty’s Treasury April2005 directly oversees. thatthis targetmeasure will agencyin courtsthatDCA newHer Majesty’s CourtsService numberof ofthe doubledthe creation courts more than The individual foraccreditation. and orre-apply, process ischanging longerapply, CharterMark no From 2004/05the will courtaccreditation. 95% achieved April2004we In esrsLatestoutturn Measures Target 4: hstre ilb e falhaln agt r civdad8o h 14supportingtargets are the of 8 and achieved achieved. headlinetargets are all metif be This target will effectively. enforced are byensuringthatoutcomes and cost, high qualitydecisionsandreducing unnecessarydelayand hog ocustomerperception, whichthesurveymeasures. through to process itself complaintshandling improvements inthe translate particularlychallengingto it isproving However, events). new training and guidance newcomplaintshandling providing complaints through inresolving managersinvolved and andsupportingstaff staff, newstandards forcustomerservice introducing performance reviews, inseniormanagers’ complaintresolution of actual speed including process (e.g. complaintshandling improve the implemented to been activitieshave of Arange customer satisfactionsurvey. annual inthe by particularly lowvolumeresponses tothisquestion caused highstatisticaltolerance iswithinthe fall percentage complaints,thoughthe of ofresolution satisfaction withthespeed customer againstthetarget measure relating to some slippage There was met. fourheadlinetargets were ofthe In 2004/05three (2004/05target is75%) communication helpfulnessofwritten customerssatisfiedwiththe of 80% complaints (2004/05 target is50%) of ofresolution customerssatisfiedwiththespeed of 60% (2004/05target is78%) telephone on service ofstaff knowledge customerssatisfiedwiththe of 80% atpublic courtstaff counter (2004/05target is82%) of knowledge customerssatisfiedwiththe of 85% By March 2006: survey. identifiedthrough the2002/03customersatisfaction dissatisfaction fourkeyareas of achievementofyear-on-year improvements in The 2004/05 supportingtargets .8%o complaintsanswered withinthetarget timescales: of 85% 2. .9%o orso nt htapyfrteCatrMr are CharterMark courtsorunitsthatapplyforthe of 95% 1. wre thatstatus awarded )Rcie yCutMngr days. 5 by CourtManagers– Received d) 10days Managers– byGroup Received c) Unit HeadquartersCustomerService atCourtService Received b) days 17working byMinisters– Received a) 5wrigdays working 15 – agt4 nraeya nya h ee fstsato ofusersbytakingspeedy, ofsatisfaction level Increase yearonthe Target 4: utr forApr–Mar Outturn Target metearly 030 2004/05 2003/04 9 79% 79% 27% 31% 86% 85% 87% 87% 86% 75% 95% 97% 4 25 2 Summary of performance in 2004/05 Target 4 (continued)

Measures Latest outturn 3. 94% of administration transactions completed within 5 days 95%

To increase the percentage of civil cases heard within target from allocation to hearing: 4. 77% small claims heard within 15 weeks 81% 5. 77% fast-track cases heard within 30 weeks 79% 6. 77% multi-track cases heard within 50 weeks 76%

Percentage of Public and Private Law Children Act cases and adoption cases dealt with within target by the end of March 2006 7a) 70% Public Law heard within 40 weeks 41% 7b) 70% Private Law heard within 40 weeks 68% 8. 70% of adoption cases heard within 20 weeks 64%

9. Realise at least 30 opportunities for county courts and magistrates’ 175 courts to share accommodation by April 2006

10. Establish a cost indicator (by April 2004) Met

11. The amount of money on enforceable warrants as a percentage of 91% 26 the total value of enforceable warrants will be 80%

12. 70% of Charging Orders will be processed in the appropriate timescales: a) From application to interim order in 2 weeks 93% b) From interim order to final order in 10 weeks 84%

13. 70% of Third Party Debt Orders will be processed in the appropriate timescales: a) From application to interim order in 2 weeks 92% b) From interim order to final order in 10 weeks 84%

2 Summary of performance in 2004/05 26 14. 70% of Attachment of Earnings Orders will be processed in the appropriate timescales: From application to first order (suspended or full) in 10 weeks 69%

5 We have delivered 10 in 2003/04 and a further 7 in 2004/05, making a total of 17 out of the target 30 achieved. Jittre ihHm Office.) Home (Joint target with failed of greater proportion a effectively byremoving lawsmore immigration enforcing the • months; withintwo decided applicationsare asylum ofsubstantive by2004that75% ensuring • cases manifestlyunsound of fastturnaround • by: including claims, asylum high qualitydecisionsandreducing significantlyunfounded esrsLatestoutturn Measures Target 5: 040:Target 65% 2004/05: Target 60% 2003/04: insixmonths: decided appeal, final including applications, asylum Number ofsubstantive months. decided withintwo applications asylum Number ofsubstantive cases. manifestlyunfounded of Fast turnaround asylum seekers. decidedwithin 6months are appeal, final including proportion, and thata ou h slmsse ntoegnieyfeigpreuinbytakingspeedy, persecution genuinelyfleeing onthose asylumsystem Focus the mrvdpromnei h future. inthe performance improved Thisnewprocess willunderpin process. appeals reduced thetimescalesof hassignificantly April2005, 4 on introduced Tribunal, Immigration and newAsylum The ontheirapplication. decision final a make to Thisincreases thetimetaken Tribunal. of the bothtiers appealto previously to more likely than are and decision (IND) Directorate Nationality and Immigration initial acceptthe lesslikelyto also seekers are Asylum hasincreased. asylum those refused of percentage but the seekers hasreduced asylum numberof The performance. in are severalreasons forthisslightdip There at60%. shows performance forApril–November2004 data Unaudited SLIPPAGE decidedwithinsixmonths. 2004 March April2003to period applicants forthe of 60% target exceededwith64% ACHIEVED 77% (October–December2004) Quarterly update: achieved) (target of75% 82% For 2003/04: For 2002/03:75% COURSE ON Act2002. Asylum and Immigration Nationality, inthe listed countries ofthe expansion following the changed This elementofthetarget hasbeen ASSESSED YET NOT 27 2 Summary of performance in 2004/05 Target 5 (continued)

Performance on applications through to appeals processed end-to-end within 6 months 65% 65% 64% 63% 63% 63% 62% 62% 62% 61% 61% 61% 61% 61% 61% 60% 59% 59% 58% 57%

28 Jul-03 Sep-03 Nov-03 Aug-04 Aug-03 Jun-04 Oct-03 Jun-03 Mar-04 Jan-04 Nov-04 Apr-04 Dec-03 May-04 Apr-03 Oct-04 May-03 Feb-04 Jul-04 Sep-04

Actual performance Target (April 2003 to March 2004: 60%; April 2004 onwards: 65%)

Actual performance is based on unaudited data from the 6-month target report – produced by the Home Office. Because of the nature of this target, performance for the 2004/05 year cannot be measured until at least 6 months have elapsed. For example, final performance through application and appeal stages for cases received in March 2005 will not be known until October 2005, allowing a 6-month period for processing March cases.

Enforcing the immigration laws more effectively ON COURSE by removing a greater proportion of failed Baseline: (2002/03) 21% asylum seekers. Latest outturn: (2003/04) 21%

2 Summary of performance in 2004/05 Target: remove a greater proportion in 2005/06. Objective III: To reduce social exclusion and protect the vulnerable

DCA works to improve access to justice especially for the socially excluded and vulnerable so that everyone can protect their rights in law. We are increasing the effectiveness of the civil and criminal justice system for domestic violence cases, improving decision-making for people with impaired mental capacity, and ensuring that children’s welfare remains paramount. Recent legislation has given transsexual people proper legal recognition in their acquired gender.

Target 6: Increase year on year the number of people who receive suitable assistance in priority areas of law involving fundamental rights or social exclusion.

Measures Latest outturn Performance will be measured by the SLIPPAGE triennial National Periodic Survey of Legal Target: 34 people receiving suitable Need. assistance per 1,000 population of England This target will be met if the number of and Wales people receiving suitable assistance in Achievement measured by National Periodic priority areas of law increases from 31 per Survey conducted in summer 2004: 29.8 thousand (baseline) to 34 per thousand by per 1,000 the end of the Spending Review 2002 period. The absolute number of people receiving suitable assistance has fallen because the number of problems reported by respondents to the survey has decreased. 29 However, the proportion of people with problems who received suitable assistance has increased significantly. Measures aimed at achieving the target during 2005/06 have been identified.

An indicative annual Telephone Survey will be The response rate to the telephone surveys conducted to provide a broader indicator of has been increasingly insufficient for this to trends towards delivery of the target. be regarded as a valid measure. DCA proposes to utilise a rolling face-to- face survey during 2005/06 as the final measure for PSA 6. 2 Summary of performance in 2004/05 Objective IV: To modernise the constitution and ensure proper access to information by citizens

DCA seeks to establish mutual trust between the citizen and the state by strengthening our democratic processes and institutions, supporting greater freedom of information and ensuring citizens’ own personal information is handled with care. We are making it easier for people to vote, reforming the office of Lord Chancellor and creating a new Supreme Court, setting up an independent Judicial Appointments Commission and promoting better understanding of human rights.

Objective V: To increase consumer choice in legal services by improving information and by promoting competition

DCA promotes better access to the justice system by working towards the creation of a market where everyone can get legal services at affordable cost. Conditional fee agreements and moves to increase out-of-court settlements and alternative dispute resolution procedures are part of this work. Following an independent review of the regulatory framework for legal services (led by Sir David Clementi), we will publish a White Paper in autumn 2005 with legislation to follow. We will set the parameters of the regulatory framework – which will include the roles of a new Legal Services Board, a new Office for Legal Complaints and the professional bodies – and make it possible for legal services to be provided in new ways. 30

Objective VI: To deliver justice in partnership with the independent judiciary

DCA works to improve the public’s confidence in the justice system by working in partnership with magistrates and judges to make sure courts are efficient and understand the problems of their communities. We work to ensure that the justice system serves everyone irrespective of gender, race, religion, or sexual orientation. The new Judicial Appointments Commission will establish better transparency and accountability in the selection of judges and open up the bench to a wider diversity of candidates. 2 Summary of performance in 2004/05 7 6 h 7 ilo e nu iuei niaieol n sntatre nitself. isnotatargetin onlyand isindicative figure itself. perannum isnotatargetin The £70million onlyand isindicative figure perannum The £57million Measures Outturn for 2004/05 for Outturn Measures Target 7: Cnrbtn oCiia utc ytmPSA.) System Justice Criminal aid. (Contributing to legal deliveryof includingthe ayear, efficiency byatleast2% increasing years). ie 7 ilo p.a. (i.e. £70million Limitof£3billion Expenditure Departmental Department’s total2002/03 ofthe 2% of peryear average an equate to 2002 period, Review Spending acrossthewhole which, achieved efficiencyare improvements in byMarch2006, metif, be This targetwill aid. legal deliveryof including the ayear, efficiency byatleast2% Increasing 2002/03 baseline. Department’s inthe justicespend criminal to years)relating forthree million £171 %o h 19blin(..£7mlinp.a. (i.e.£57million billion ofthe£1.9 3% peryearof average an equateto 2002 period, Review Spending overthe money which, for invalue achieved improvements are byMarch2006, metif, be This targetwill perannum. by3% System Justice Criminal formoneyfrom the increase value To au formoney Value nraevlefrmnyfo h rmnlJsieSse y3 peryear, by3% System Justice Criminal formoneyfrom the Increase value 7 r£1 ilo forthree or £210million 6 or otnein2005/06. continue insavingsisexpectedto The upward trend DCA annual spend. average of or0.8% million £28 was outturn element, DCA Forthe justice spend. criminal annual average of or 2.1% million elementofthetarget was£39 justice criminal againstthe outturn In 2003/04 DCAspend. annual average of or3.9% savings total£136million projected DCAsub-target, Forthe justice spend. criminal annual average of or 5.1% projected tototal£96million sub-target are justice criminal In yearsavingstoward the momentum. asthesavingsinitiativesgather expected as increasing in2004/05 performance Review2002period, with Spending the meetbothtargets over courseto on are We 31 2 Summary of performance in 2004/05 As part of the Government campaign to tackle anti-social behaviour 116 Anti-Social Behaviour Response Courts had been rolled out by March 2005. 3 Reducing crime and anti-social behaviour Our role 3.6 Since the year ending September 2001, there has been an almost continuous improvement in offences brought to justice. 3.1 A key objective of the Criminal Justice System (CJS) is to reduce crime and anti- 3.7 Measures that the Government has social behaviour and to make people feel taken to increase the number of offences safer. The DCA works closely with brought to justice include: colleagues in the Home Office, the Crown Prosecution Service and the Office for • setting up 42 Local Criminal Justice Criminal Justice Reform and contributes to Boards to manage the CJS at local the work of Local Criminal Justice Boards to level by making the local agencies more achieve these aims. joined-up

3.2 A strategic plan for the CJS, Cutting • improving the robustness of the crime, delivering justice: A strategic plan for prosecution case by introducing the criminal justice 2004–08, which sets out the Charging Programme shared vision for criminal justice reform, can be obtained at www.cjsonline.gov.uk. • improving the way that cases are managed across the CJS, for example 3.3 DCA’s role is set out in our 5-Year through better IT systems Strategy which is available at www.dca.gov.uk/dept/strategy/index.htm. • giving more effective support for victims Joint Public Service Agreement targets for and witnesses, to encourage more of the CJS support this work. them to give evidence in court. From 34 March 2005 each area in the country 3.4 DCA plays a critical role in helping to has a Witness Care Unit established to achieve these goals by ensuring the fair, provide this support efficient and effective delivery of justice through the courts. Our approach focuses • a number of projects in the Police on preventing crime from happening in the Reform Programme aimed at improving first place, meeting the wider needs of police capacity and effectiveness in victims and witnesses, and turning investigating crime and bringing offenders away from crime. offences to justice, e.g. strengthening forensic capability and targeting the most persistent and prolific offenders.

Bringing more offenders 3.8 DCA is working to:

to justice • improve the management of courts’ capacity and provide better judicial

3 Reducing crime and anti-social behaviour 3.5 The CJS has a target to bring 1.25 support million offences to justice by 2007/08. This target was set in July 2004. The current • improve the existing performance performance is ahead of trajectory to meet management framework and develop this target. it further Reform Justice forCriminal Office h ulcwl aeconfidence have publicwill The • 2008: in justice forcriminal A shared vision 2008 for vision justicesystem Criminal Departments. LawOfficers’ and DCA Office, Home shared resource reporting tothe Itisa public. improved servicetothe an provide in workingtogetherto agencies justice criminal supports all cross-departmental teamthat isthe and July2004 in was created Reform Justice forCriminal Office The evsalcommunitiesfairly. serves all andthatit iseffective CJS the that h J ilb joined-up, a be CJSwill The • Rigorous enforcement will • offences to more bring We will • andwitnesseswillreceive Victims • epefo l backgrounds. all from people for excellentplacetowork an and andwell-runservice, modern court. orders ofthe sentences and compliancewith revolutionise process. efficient justice and modern more a justice through agencies. justice criminal all from service of consistentlyhighstandard a 35 3 Reducing crime and anti-social behaviour 36 3 Reducing crime and anti-social behaviour 4 lessthan in convicted and tried charged, murderer wasarrested, a courtsensured andthe Service Prosecution Crown police, the Working togetherasateam,the oehrwt w otherpeople. together withtwo wasarrested man enquiries a police aresult of As his injuries. of andsubsequentlydied stabbed manwas a Leedswhere in pub a outside place took disturbance a NewYear’s Eve2003, On ondu rmnljusticesystem criminal joined-up A 1 ⁄ 2 months. unanimous guiltyverdict. a only 50minutesandreturned for juryhadretired The years. 12 recommendation thatheserve a imprisonmentwith life May hewassentencedto 27 on murder and guiltyof found manwas May, the On26 judge. presiding before the May2004 17 on commenced Thetrial charge. other peoplewere released without murder andthetwo with charged manwassubsequently The • reduce the proportion of ineffective • encouraging defendants’ attendance trials in the courts through improved at court hearings, for example, by case management (cases being better ensuring early communication with the prepared and trials better managed), defendant. This early communication and work closely with our partners in will be coupled with improved criminal justice (locally and nationally), enforcement procedures for non- and the Office for Criminal Justice attendance Reform, to develop a joined-up approach to bringing offences to justice. • engaging the defence in formulating changes to case management and ensuring effective trial preparation and Effective Trial Management progression. Measures designed to Programme secure this engagement include joint working and new incentives, such as 3.9 The primary aim of the Effective Trial judicial interventions. Management Programme (ETMP) is to reduce the number of ineffective trials by 3.11 Results in the areas that have improving case preparation and progression implemented these measures demonstrate from point of charge through to trial or significant reductions in ineffective trial earlier conclusion. By increasing the rates. For example, in the Crown Court data certainty of trial or hearing dates, the for rolling quarter March 2005 shows programme is anticipated to improve public percentage improvements of 9.8 per cent at confidence in the CJS, particularly that of Bedfordshire Local Criminal Justice Board victims and witnesses. since implementation in September 2003, and a 26.5 per cent improvement at Greater 37 3.10 ETMP is designed to help local areas Manchester Local Criminal Justice Board decrease their ineffective trial rates by since May 2003. In the magistrates’ courts targeting lack of prosecution or defence there has been a percentage improvement readiness, non-attendance at court by the of 14.5 per cent in Greater Manchester defendant and problems due to court since January 2004, and since September administration. It seeks to achieve this by: 2004 we have seen an improvement of 19.3 per cent in Merseyside. For the same • providing much greater clarity of the period there has been a 19.7 per cent roles and responsibilities of all those improvement in Humberside and involved in the preparation and 3.2 per cent in Nottinghamshire. progression of criminal cases Stakeholder confidence in and satisfaction (prosecution, defence, judiciary, etc) with the changes remain high.

• introducing a case progression function embedded across key criminal justice Delivering justice efficiently

agencies and services. Presided over and fairly 3 Reducing crime and anti-social behaviour by the judiciary, ‘virtual teams’ of Case Progression Officers in the Crown 3.12 We are increasing the capacity of the Prosecution Service, police, system by reducing the ineffective trial rate magistrates’ courts and Crown Court to 23 per cent in magistrates’ courts and to work closely with each other and with 17 per cent in the Crown Court by 2005/06. a nominated representative for the We will further reduce the ineffective trial defence, actively preparing and rate to 19 per cent in magistrates’ courts progressing cases in and out of court and to 14 per cent in the Crown Court by 2007/08. 38 3 Reducing crime and anti-social behaviour aeinroads intotheir2007/08targets. make Court beginningto Crown courts andthe magistrates’ boththe for2005/06,with rate Courtisalready exceedingthetarget Crown The percentformagistrates’courts. 22.7 Courtand Crown percentfor the 14.4 is (rolling quarterMarch 2005) 2004/05 3.17 action. identifyremedial problems and any of cause establishthe managers to local closelywith Thishas enabled ustowork Boards. Justice of Criminal each Local of the also courtsand individual of rate 3.16 performance. improve magistrates’ courtsto placesimilarmeasures forthe putin way to iscurrently under Work magistrates’ courts. at1.2percentforthe 0.7 percentand at Courtratestood Crown March 2004the comparison withthisforrolling quarter In percent. magistrates’ courtsat1.4 inthe percentand stands at0.5 current rate rolling quarterMarch 2005the Courtfor Crown Inthe datesetfortrial. on the heard cannotbe case andthe hearing forthe available courtsare no is when Overlisting/floaternotreached ‘overlisting’. Courtthisyearwith Crown inthe secured 3.15 hours in2004/05. 1,085,948 1,067,243 hoursin2003/04to from hasbeen increase courts the magistrates’ Inthe magistrates’ courts. capacityinthe increase undertaken to 3.14 in 2004/05. 104,200days daysin2003/04to 101,500 from hasbeen increase Court the Crown Inthe forincreased sittings. allowed have Court,we Crown capacity inthe 3.13 ainly h nfetv ra aefor ineffective trialrate Nationally, the ineffective trial We regularly monitorthe been Further improvements have been Similar procedures have issufficient furtherthatthere ensure To nomto bu h ue a efudat www.dca.gov.uk/criminal/crimpr.htm. found be Rules can aboutthe Information involved. everyone benefitof for the certaintyaboutwhatishappening, promote delays;andto avoidable of unfairand getrid heard, to be caseswaitingto criminal of preparation managethe actively to courtsexplicitpowers Theygive court. the of efficiently, underthesupervision ahead go case makethe forhelpingto responsible ismade involved everyone new Rules, Underthese courts. cases comingtothe criminal managementof inthe change culture abouta have bring April2005, designedto 4 been on force into came which 3.20 criminalprc.htm. www.dca.gov.uk/dept/rulecomms/ information,visit Formore organisations. andvoluntary police courts, the criminal representatives oftheusers practitionersand legal magistrates, includesjudgesand Rule Committee Procedure Criminal The Wales. and England courtsin criminal procedures forall modernising and forstreamlining forum 3.19 board. across the performance improve aimto courtsservicewill unified Thisnew courts. ourcriminal across all provide targetedsupport andwill issues, performance approach to aunified develop magistrates’courtsto and Crown the hasbrought togetherboth Courts Service 3.18 century forthe21st CourtsService A h rmnlPoeueRules2005, Procedure Criminal The new a established also have We HerMajesty’s April2005, 1 From Reducing ineffective trials Working with the Office for Criminal a 31 per cent improvement in the Justice Reform and local managers, ineffective trial rate during the last DCA has this year targeted support 12 months at Merseyside to 10 key underperforming Local magistrates’ courts. The Crown Criminal Justice Areas. The chosen Court mirrors a similar story, with areas also make the largest approximately a 50 per cent contribution to the national target improvement over the same period. 39 and will therefore have a greater Also over the past 12 months, impact on the performance figures. Greater London magistrates’ courts The success of this support has led have achieved improvement of to a noticeable improvement in the approximately 23 per cent and are rate of ineffective trials. For currently operating at their best example, the most recent data performance rate since data available to us (rolling quarter collection began. March 2005) shows approximately 3 Reducing crime and anti-social behaviour Improving public to ensure that the needs of the witness when at court are met. Courts will provide confidence accurate and timely information to the No Witness No Justice project for the Witness 3.21 A crucial factor in the success of the Care Units to keep the witness informed of CJS is the level of confidence that the the progress/outcome of the case. We have public has in the system. We work with drafted a toolkit providing guidance for others in the CJS to improve public practitioners, which is designed to improve confidence in the system, including that of the victim and witness experience of going ethnic minorities, and aim to increase year to court. on year the satisfaction of victims and witnesses, while respecting the rights of 3.26 March 2004 saw the successful defendants. conclusion of a programme to install video links for vulnerable and intimidated 3.22 Our principal activities to deliver these witnesses in 85 Magistrates’ Youth Courts goals centre around victims and witnesses, in England and Wales. The programme community justice, specialist courts, fine focused on the principle of linking the Youth enforcement and engagement with Black Court to a vulnerable and intimidated and Minority Ethnic communities. witness suite, which in all but one instance was located in the same building.

Victims and witnesses 3.27 DCA has embarked on a further programme to install video links in magistrates’ courts, this time for adult 3.23 Every victim or witness of crime needs 40 witnesses. 64 magistrates’ courthouses to know they will be supported and have been included in the rollout and 26 protected through the process of helping to Crown Court Centres will also receive bring an offence to justice. equipment. A further 21 remote links, similar to the link installed at Leicester (see case 3.24 We are improving witness facilities in study opposite), will be installed in the criminal courts in order for people to feel magistrates’ courts, providing a good more confident in coming forward and national spread and a stronger movement giving evidence. In December 2004, we toward alleviating witness intimidation. Each announced that there will be separate of the 26 Crown Court installations will waiting areas for witnesses in all Crown receive equipment that will enable them to Courts and 90 per cent of magistrates’ communicate between themselves and courts by 2008. This is so that witnesses remotely (where similar remote equipment can wait in a comfortable environment exists). This rollout of links in the Crown and without fear of meeting the defendant or magistrates’ courts was completed at the the defendant’s supporters. In addition, end of the financial year 2004/05. 75 per cent of magistrates’ courts will have 3 Reducing crime and anti-social behaviour video links that will enable witnesses to 3.28 There is now a national coverage of give evidence in a more flexible way. 75 per cent of magistrates’ courts with video link equipment, with 269 of the 355 3.25 The ‘No Witness No Justice’ project magistrates’ courthouses in England and introduced dedicated Witness Care Units Wales now having video links. across England and Wales in all 42 criminal justice areas from March 2005, with full coverage to be completed by December 2005. These units bring police and the Crown Prosecution Service together to meet jointly the individual needs of victims and witnesses. Information from the No Witness No Justice project will be used orhuebti h Victim butinthe courthouse isnotinthe witness room intimidated and that thevulnerable project in isuniquetothe Court link Leicester Youth The court. from the away mile a aquarterof Office, Support Victim inthe located room intimidatedwitness and vulnerable a islinkedto This installation ie ikLietrYuhCourt LeicesterYouth link Video be removed. defendants’ familiesorfriendswill or defendants, witnesses meeting prospect of as the ineffective trials, in decrease will worktowards a and Wales, and England Court in anyYouth in butalso programme notonlyinthe itskind, firstof Thisis the link. ISDN Telecom British a linkedthrough and Support Office 41 3 Reducing crime and anti-social behaviour 42 3 Reducing crime and anti-social behaviour h year. the laterin Paperdue White a Paper with Response Justice Provide Magistrates to Supporting outcomesofthe investigate the continuingto are We Paper. Implementation MagistratesRecruitment Strategy– National as the aswell March 2005, in published Papertothisworkwas Response A andrespected. effective connected, more made be magistrates’courtscan how the Wales, seekingtheirviews on and England 3.33 community itserves. magistracythatreflects the a that willsee arecruitment andretention strategy ensure 3.32 our magistrates’courts: 3.31 magistracy. the and Government betweenthe relationship marksasignificantshiftinthe programme Justice Provide Magistrates to – ofwork new programme 3.30 hard toreach. be MinorityGroups thatmight and Black those particularly communities, of a widerange engagewith aresponsibility to Justice Boards have Criminal Local process. justice the enablewidercommunityinvolvementin planslocally to developing in involved are and (www.cjsonline.org.uk/working/lcjb.html) Wales and England Boards in Justice Criminal 42 Local 3.29 Community justice oeefcieatwhattheydo. effective more • andtheirorders more respected • betterconnectedtotheircommunities • obeyed ecnatdeeymgsrt in everymagistrate contacted We h rgam isalsoworkingto programme The istosee programme ofthe aim The a announced DCA October2004 In ofthe inthework role key playa We Supporting .The iesoayatvte n h otherservices diversionary activitiesandthe and intervention crime through from away divertpeople butwillworkto court, behaviourthrough the anti-social only tackle 3.35 justicesystem. inthe public confidence in increase an and offending in areduction aimsinclude overall The aboutitspriorities. avoice giving them and inthesystem people local by involving community intothe justice integrate and will community, focusfor key local a access toservicesforthe be itwill courthouse: a than more be Centre will CommunityJustice The individual. byan committed crime the notjust offending, causesof underlying bydealingwiththe crime quality-of-life and behaviour anti-social designed totackle is Centre, which Community Justice Liverpool North isthe implemented firstpilotbeing The initiatives. justice community innovative development of onthe Service Prosecution Crown and 3.34 support servicesitneeds. community withthe local provide the magistrates’ courtsystemwhilstworkingto behaviourintothe anti-social and crime approach totackling problem-solving the integrate Initiativewill Community Justice Salford The the widercourtsystem. in communityjustice aspectsof mainstream Thiswill testhowto Salford. in developed isbeing initiative communityjustice second The communityjustice. development of continuing intothe feed of 2006, will end atthe finish isdueto this pilot,which Theresults of laterin2005. fully operational be and open Centre will Community Justice The Centre team. CommunityJustice to the itsopinionsandviews local community tovoice forthe forum a be Panels, there will CommunityAdvisory Through priorities. community beresponsive to with, will problems itdeals andthe Centre, Justice Community The accessto. provide that itwill h omnt utc etewl not Centre will CommunityJustice The Office Home are workingwiththe We Offering offenders support From 9 December 2004, the Teams, court staff, legal Community Justice Court, presided representatives and Probation) are 43 over by His Honour Judge David working to deal with the underlying Fletcher (above), began hearing problems of offending, not just the cases from the interim site of a crime itself, by offering offenders refurbished courtroom in Liverpool support such as debt advice. The Magistrates’ Court. Judge Fletcher Judge will also be able to monitor and his problem-solving team compliance with sentences and (including the Crown Prosecution bring anyone who fails to comply Service, police, Youth Offending back into his court. 3 Reducing crime and anti-social behaviour 44 3 Reducing crime and anti-social behaviour owa atr olclpeople. local to whatmatters appropriately positiontorespond powerful a in are therefore serve theircommunitiesand Magistratesrepresent and communities. local to behaviour thatcausesconcern dealwith communities thattheywill outavisiblesignalto Courts send 3.39 Courts. Behaviour Response asAnti-Social working committedto magistrates’ courtshad 116 of atotal asbyMarch 2005 intensified, disorder has and crime response to 3.38 oee,tehlmrso h courts are: hallmarksofthe however, the needs; local Court variesaccording to 3.37 magistrates’courts. all distributed to been had lessonslearnt country and 116 magistrates’courtsrightacross the outto beenrolled had 2005 thatapproach ByMarch July2004. Courtsin Behaviour Response Anti-Social launch and develop to 12priorityareas magistrates’courtsin with behaviour, weworked anti-social to tackle 3.36 Specialist courts omtett ins aeand commitmenttowitnesscare a • agencies otherlocal responsiveness to • to awareness ofwhatcausesconcern • anti- dealingwith commitmentto a • behaviour cases. anti-social dealwith trained to properly magistratesare ensuring that isappropriate) behavioursessionswhere anti-social ofspecialist consideration (including communities local effectively behaviourcasesquicklyand social h niSca BehaviourResponse Anti-Social The courts’ inthe change This step h rcs aueo Response a of nature precise The campaign Government As partofthe ilneCut a efudi Chapter5. in found be Courtscan Violence 3.44 addiction. address the action to drugsandstart misuse offenders who identify earlierstageto atan intervene otheragenciesto court workswith pilotswhere the commence courtand drug 3.43 2005. in panels ofsuch extenduse planto and we asuccess be foundthemto October 2004, in completed Evaluation, Wirral. and the Bristol Nottingham, in already beenrunning Orders have Testing Treatment and Drug magistrates’ courttoreview progress on 3.42 successful rehabilitation. in playasignificantrole can treatment, drug asinsentencereview of such court, involvementofthe Close offenders. prolific behaviourof offending in the 3.41 drugs. of misuse focusontackling courts to 3.40 be tolerated. not courtwill orders ofthe the for disregard offenders that clearmessageto a and send courts authorityofthe which willupholdthe enforcement process, effective an and enforcement performance improvement in deliversustained Boards to Justice Criminal Local Wales andtheirpartners in and England magistrates’courtsin with haveworked We CJS. inthe confidence maintaining penalties iscrucialto non-financial and financial enforcement of 3.45 Enforcement h fetv s andsubsequent effective use The nomto eaigt Domestic Information relating to full fora model a develop also We will Pilots ofspecialistpanelsinthe keyfactor a dependencyisoften Drug introducing specialistdrug are We rneswr agtdb h police bythe drinkers were targeted fivestreet Inthatarea operation. inter-agency co- targeted through hot spotforstreet drinkersandwas Brightonwasa in Square Norfolk benchthathasreceived training. before a listing ensure and made, be BehaviourOrders may Anti-Social identifywhere courtto enables the hearing,which before the week draftorder one a and evidence Serviceserves Prosecution Crown Wales the South In applications. contested manage case applications and to receive advisersactas‘gatekeepers’ legal Kent designated and Lancashire In case. the circumstances of respond tothe beingquickto delayand avoid Speed orsrsodn oat-oilbehaviour anti-social Courts responding to aigeveryeffort to making – Following thisconcertedwork,the entertreatment/rehabilitation. to othersagreed proceedings thetwo commencementof following the and ofthese, Orders onthree Behaviour Anti-Social imposed Court) Behaviour Response Anti-Social Magistrates’ Court(an Brighton authority. local and omncto andunderstanding. communication improve discuss issuesandto to forum asa Behaviour Groups, Anti-Social orspecial either existing areas drawonusergroups, All co-operation. and communication ensure and order torespond totheirneeds agencies local Working with charges from thatarea. disorderly and farfewerdrunk with declined significantly problems have –in 45 3 Reducing crime and anti-social behaviour Courts responding to anti-social behaviour (continued)

Brighton holds a dedicated Training and awareness – to ensure Anti-Social Behaviour Response courts are properly trained and Court on a regular basis for civil understand the concerns of their Anti-Social Behaviour Order local communities. applications. West Midlands, Sunderland and Witness support – taking special Croydon magistrates and court staff care to ensure intimidation does not have attended a joint training event 46 take place. with the Crown Prosecution Service and the police. In Manchester Salford Court Witness Service works with the As well as gaining information about local authority services to ensure local concerns from court user witnesses receive a joined-up groups and local discussions, a approach to witness care. Deputy Bench Chairman in Avon and Somerset sits on a Police South Yorkshire has produced an Authority committee and attends information leaflet specially Crime and Disorder Reduction designed for witnesses in Anti- Partnership group meetings. Social Behaviour Order cases. Information is disseminated to magistrates through meetings, conferences and newsletters. 3 Reducing crime and anti-social behaviour 3.46 The key performance indicator for 3.48 Her Majesty’s Courts Service financial penalty enforcement is the enforcement programme is in place to payment rate. Significant progress has deliver in this important area and is made been made in raising the profile of court up of two main strands of work focusing on: fines as an effective penalty and to improve performance levels. In 2004/05 payment • targeted support and improvement rate performance reached 80 per cent, initiatives for magistrates’ courts that exceeding the target of 78 per cent. are performing poorly, as well as £10 million more was collected than in provision of support to others 2003/04. The overall position is encouraging and indicates that the focus • longer-term business redesign. on enforcement is delivering results.

3.47 Local Criminal Justice Boards have been set enforcement targets in four areas for 2005/06:

Financial penalties To achieve an average national payment rate for financial penalties of 81% of the 47 total amount (in £) imposed in a given period against the amount collected and cancelled.

Payment rate – defined as the amount paid into courts as a percentage of new amounts owed, over a specified period of time (month, quarter, year to date).

Community penalties To achieve an average time of 35 working days from second unacceptable breach of a community penalty to resolution of the case.

To resolve 50% of breaches of community penalties within 25 days of a second unacceptable breach. 3 Reducing crime and anti-social behaviour Asset Recovery To secure 2,200 confiscation orders worth £68 million.

To reduce the outstanding balance rate to 50% for confiscation orders made under the Proceeds of Crime Act 2002.

To reduce the number of collectable outstanding orders over twelve months old by 25%.

Fail to Appear Warrants To reduce the absolute number of unexecuted Fail to Appear Warrants. 48 3 Reducing crime and anti-social behaviour e milestones: key againstseveral successfully delivered 3.49 mrvdinformationsharing Improved • further approved Government The • national of evaluation final positive A • nrdcdt eptaedefaulters: help trace introduced to been agencies have departments and otherGovernment arrangements with enforcement squad. collaborative and professional visible, highly a create andto enforcement, and compliance in involved allthose effectiveness of the maximise isto Service ofthe objective The in2007/08. implementation view to a Enforcement Service,with National ofthe introduction development and include: These outnationallyduring2005/06. rolled be on3January2005,to launched enforcement measures was of package new a and conducted, been enforcement pilotshas fine local and o hs h r genuinelyunable are forthosewho – clamping furthersanctionsof – notproviding the of newoffence a – FinesOfficers within of newrole a – Attachmentof of thewideruse – h rgam hasalready programme The fines paymentwork. finesthrough of discharge pay, to persistent defaulters Judgementsfor Register of new onthe vehicles andregistration means financial on information court with magistrates’ courts Orders Benefit from Deduction and Earnings on okn hasbeenundertaken Jointworking • Ongoingsupporthasbeentargetedto • benefits deductionsfrom of level The • performance. Order Confiscation Warrant and CommunityPenaltyBreach improve ofworkto programme a on Office Home andthe Management Service Offender National with the enforcement performance. andsupportimproved payment rate driveup magistrates’courtsto selected fines more quickly. helprecover December, whichwill 18 from £2.80from was increased to£5 nAgs 04antoa protocol national a August2004 In – accessto dial Stand-alonesecure – forsubmitting electronic system An – provided courtswere Magistrates’ – h courtatsummonsstage. the provide to that prosecutors should information’ of ‘minimum standard outthe was introduced setting bySummer2005. expected areas is all Fullrollout to of 2004. end magistrates’ courtareas bythe 42) 10(outof outto rolled Computerwas National Police the November 2004. magistrates’courtsin out to Pensionswasrolled and for Work Department tracing requests tothe justice. brought to and persistent offenders beingtraced in September 2004,resulting in agencydatabase reference Equifaxcredit accesstothe with Operation Payback 2 Operation Payback 2, a second Key results were: nationwide fine enforcement blitz, • Total amount collected increased was undertaken in November 2004 by 136 per cent in Operation by magistrates’ courts in Payback 2 exceeding the success partnership with police forces and of Operation Payback 1 (March other CJS partner agencies. The 2004). operation was supported by a comprehensive national media and • Collections for the month of advertising campaign. Results show November were £0.5 million higher that the initiative was a resounding than the average monthly collections success, delivering a positive for the previous six months. impact on the payment rate of over • All Magistrates’ Court Committees £1.7 million. participated in the initiative. The operation generated positive • A strong, clear message was sent to 49 publicity, which has helped drive defaulters that financial impositions home the message that fines must have to be paid. be paid. Much of the success of • Positive publicity was generated Operation Payback 2 derived from for the CJS. the high visibility of the scheme, and the fact that the police and the • Partnerships between different courts were giving enforcement the agencies continued to be utmost priority. strengthened: relationships are being developed between courts, the police, the Department for Work and Pensions and many other partners, resulting in improved support and information sharing. 3 Reducing crime and anti-social behaviour Black and minority ethnic Justice Awards confidence

3.50 DCA, in partnership with Operation 3.51 The Justice Awards 2004 were Black Vote, runs the Magistrates organised by the Office for Criminal Justice Shadowing Scheme. Over 100 people from Reform with the support of DCA, to Black and Minority Ethnic communities recognise the diverse achievements of have been chosen to shadow a pair of those working within the CJS, such as magistrates for six months. They helping victims of crime, working with accompany their mentors at court sittings offenders or engaging with local and also visit a Crown Court and go on communities. Snaresbrook Crown Court prison visits. A weekend seminar ‘A won the innovation award for Exchanging Judiciary for All’ informs and educates the Hearing Information by Internet Technology shadows about all aspects of the CJS. The (Xhibit), which provides instant access to third scheme is being run in 2005. court information to everyone involved in the justice system. Humberside Crown and magistrates’ courts staff were part of a multi-agency operation which scooped the partnership award for stamping out drug dealing in Hull.

50 3 Reducing crime and anti-social behaviour New technology and 3.54 The Libra Project will provide a joined- up information technology system for the court modernisation magistrates’ courts. Libra has already put information technology into all magistrates’ 3.52 We are currently on course to deliver a courts, which were using a range of outdated number of information technology initiatives systems to process around 2 million which will enable Her Majesty’s Courts defendants every year. The system is Service and DCA to deliver the required to provide court users with modern Government’s aim of providing a modern, and standardised case management joined-up, IT-enabled CJS. software that will help them improve the way they work and serve their customers, while also forming a platform to build on for Wired-up court centres the future. The project will standardise the information technology used in courts and provide new and improved links (interfaces) 3.53 LINK infrastructure provides hardware with other agencies. This will include linking and network access for 78 Crown centres, with the police through the CJS Exchange. enabling the courts to use the latest technologies to deliver a more modern 3.55 Eplanner will provide an electronic customer-focused court service. The new application to enable list officers in the infrastructure is needed to provide users Crown Court to plan the listing of trials and with desktop information technology support the case management process. It facilities. A key feature for users is will replace all the existing paper-based

51 3 Reducing crime and anti-social behaviour

systems currently in use. It will support List connection to the Government Secure Officers in matching trials with the availability Intranet. This will provide secure email of resources, such as court rooms, court facilities within the CJS, creating a wider time, staff and other listing requirements, for network for communicating with customers, example video links. It is required to improve colleagues within headquarters and other timeliness targets and communication so courts, and Government agencies and that access to listing information is more practitioners. By March 2005, LINK had widely available to court staff and the been rolled out to 92 per cent of 112 Crown Courts. The LINK roll-out programme is on course to be completed by March 2006. judiciary. Eplanner is currently being piloted Prison video links in three different sized courts and, following evaluation, will be referred to the Assurance 3.58 Prison video links have been installed Board for approval to roll out. in 30 Crown Court centres and 154 magistrates’ courts. The links enable Secure email defendants to give evidence from prison, thereby reducing: the need to transport 3.56 Secure email enables speedier transfer prisoners; the associated disruption to of information within the criminal justice prisoners; and cost and safety risks. The community. The Secure Email Service is links are required to enable Her Majesty’s designed to be a step towards electronically Courts Service to implement section 57 of joining up the CJS in England and Wales. the Crime and Disorder Act 1998, where It allows criminal justice organisations with defendants in custody remain in prison and government secure internet (gsi) or similar appear for preliminary court hearings over accredited systems to securely communicate video links. The facility is also made sensitive information. Criminal justice available to the Probation Service to prepare practitioners and other organisations such pre-sentence reports, and to counsel for as Youth Offending Teams and Witness conferences with defendants. This initiative Service can also join the system by means has been well received by the judiciary. of a special internet connection (cjsm.net) which encrypts emails. Use of secure email in the criminal justice community is not yet embedded as ‘business as normal’ and Fair and effective justice work to promote and extend its use for all 52 continues. 3.59 Legal aid helps defendants to get Right people, right place, right time advice and ensures fair and equal justice. Criminal Defence Service Funding enables 3.57 Exchanging Hearing Information by people to defend themselves against Internet Technology (Xhibit) will deliver criminal accusations, where the interests of electronic sharing of hearing-related justice require that they get help doing so, information, with additional functionality to at public expense. This is important, since include interfaces with the CJS Exchange, people need to be confident not only that which has the capability to display those who have committed offences are courtroom lists and case progression, brought to justice, but also that those who deliver results and select orders are innocent, or against whom cases electronically. Alerts via mobile phones, cannot be proved beyond reasonable email and pagers to interested parties doubt, are acquitted. (including victims, witnesses and criminal justice agencies and partners) support the 3.60 Proposals have been developed to halt 3 Reducing crime and anti-social behaviour immediate notification of results. The the rising costs of criminal legal aid and system is needed to act as a technology prevent any potential erosion into the civil platform to link information technology legal aid budget, with the serious systems across the CJS so as to transport implications that would have for the wider data from one system to another. Following fight to tackle disadvantage and social the successful pilot at Snaresbrook Crown exclusion. Court, national roll-out commenced in December 2004. Xhibit 2 has now been rolled out to 39 Crown Court centres. 3.61 In May 2004, and following an 3.64 The Review has been concerned with extensive consultation exercise, the a range of issues relating to the CJS, Government introduced a series of including: measures aimed at focusing legal aid on where it was needed most. The Criminal • tackling high-cost cases Defence Service Bill was introduced early in the first session of the new Parliament and • closer working between courts and the will, if enacted, help bring the cost of legal criminal defence service to reduce aid under control by introducing a new wasted time and money means test for criminal legal aid and transfer the authority for the grant of this right to • getting more early criminal case representation to the Legal Services disposals Commission. These two measures together would bring greater consistency, better • increasing value for money in control over grant, a quicker reaction to purchasing criminal legal aided service. changes within the CJS and better management information. 3.64 Further announcements on how the Review’s findings are to be implemented will 3.62 These powers will: be made during 2005/06.

• help control the cost of legal aid by having better control over grant

• focus the limited resources available for funding more closely on the people 53 who need them most

• bring estimated savings of around £35 million a year

• ensure that those who can pay for their own legal defence should pay.

Fundamental Legal Aid Review

3.63 The Fundamental Legal Aid Review, announced in May 2004, has been concerned with developing proposals that will improve outcomes for those who need publicly funded legal services and will 3 Reducing crime and anti-social behaviour deliver them in the most efficient way for the taxpayer.

4 Speeding up asylum and immigration appeals

We legislated to reform the appeals process which introduced the new Asylum and Immigration Tribunal on 4 April 2005. The new tribunal replaced the previous two-tier tribunal structure, streamlining the appeal process. Our role • controlling abuse through fast, flexible and robust processes that deter unfounded applicants. 4.1 The Government’s vision is that migration is managed to benefit the United Kingdom while preventing abuse of the immigration laws and of the asylum system. We support this vision through our priority The process to speed up the asylum and immigration appeals system as part of delivering a fast, 4.3 The Asylum and Immigration Tribunal fair and efficient overall process. (AIT) and new system of higher court oversight were introduced on 4 April 2005, 4.2 We will deliver our priority by: replacing the previous two-tier tribunal structure. • continuing to provide a fair, just and independent appellate system that 4.4 This new appeals process formed part provides early resolution for all those of the Government’s wider political strategy with a genuine case for appealing on asylum and immigration. The creation of the new tribunal was a joint initiative • ensuring asylum seekers and between DCA and the Home Office to immigrants have the necessary and streamline the appeals process and improve proportionate professional support to the quality of the end-to-end system. make their case (legal and other expertise) 56

Asylum and Immigration Appeals On decisions made by the Home Office or UK Visas

Asylum and Immigration Tribunal (AIT) Legal Services The AIT receives and lists the appeal for hearing. The appeal Commission is determined by a single immigration judge or a panel Legal aid depending on the complexity of the case granted to those passing the means and

4 Speeding up asylum and immigration appeals Review Rights merits test.

High Court Review Filter Court of Appeal For appeals determined by For appeals determined by a single immigration judge, a panel, parties to the appeal parties to the appeal can can apply to the Court of apply to the High Court to Appeal to consider the order the AIT to reconsider appeal the appeal nue6 e eto appealsfromreceipt percentof ensure 65 DCA’s supportingtargetbeing measure, supporting targetsunderpinthisPSA Three decided withinsixmonths. applications percentof exceeded, with64 Thiswas proportion targetwas60percent. 4.7 insixmonths” are decided appeal, final includng proportion, “a 4.6 by: including claims, asylum significantly unfounded high-qualitydecisionsandreducing speedy, bytaking persecution genuinely fleeing onthose asylumsystem Focus the is: Office) Home (jointwith 2002 period 4.5 Target 5 Review2002PSA Spending far delivery so and Performance 2 1 weeks. 12 within appealsdetermined percentof with 74 12weeks”. in completed are adjudicatordetermination to Authority Appellate atImmigration appeal of h mirto pelTiua a h eodte fteImgainAplaeAtoiynwrpae yteAyu and Asylum by the Authoritynowreplaced Tribunal. 2005. Appellate Immigration April Immigration 4 Tribunal wasthesecondtierof on Appeal Tribunal Immigration Immigration The and Asylum bythe Authoritywasreplaced Appellate Immigration The • percentof by2004that75 ensuring • manifestly of fastturnaround • o eredn March 2004the For yearending measure contributesdirectly tothe DCA Review Spending the for Target 5 PSA rprino aldasylumseekers. failed of proportion greater a effectively byremoving lawsmore immigration enforcing the decidedwithinsixmonths are appeal, final including proportion, months, decided withintwo applicationsare asylum substantive cases unfounded This targetwasexceeded, . and thata “to 1 Tribunal’s Appeal Immigration ofthe promulgation Office through to Home receipt bythe from processed be applicationto for an periodthatitcouldtake previous 65week Bycomparisonwiththe earlier finality. reach cases ensure and of thesystem prevent abuse process, will streamline the measures of Thispackage arrangements. aid powerfornewlegal regulation-making a highercourtoversightand of system new a introduced Italso tribunal structure. previous two-tier ofthe place in (AIT), Tribunal Immigration and newAsylum the Actintroduced The Assent on22July2004. Royal Actreceived etc.) Claimants, of 4.9 Act etc.) Claimants, (Treatment of Immigration and Asylum The h judiciary. the andtitlesof composition changes tothe e ue htgvr h procedures and the new rulesthatgovern alongwith April2005 4 on implemented These reforms were this byatleasthalf. newprocess reduced timescales underthe 05wl eaalbei August2005. in available be 2005 will March fortheyearending performance fullyear The at76percent. performance current year-to-date target, with 12 weeks” in completed are adjudicator determination Authorityto Appellate atImmigration appeal appealsfromreceiptof percentof 75 DCA’s supportingtargetis October2005. in be year performancewill full The percent. proportion targetis65 4.8 h slmadImgain(Treatment Immigration and Asylum The o eredn March 2005,the For yearending 2 eaeo rc oachievethis ontrackto are We . eiin corresponding decision, t ensure “to 57 4 Speeding up asylum and immigration appeals Legal aid 4.14 The future programme of work includes: 4.10 Legal aid reforms have been introduced to deliver access to justice more • further legal aid reforms: introduction of effectively in the interests of both users and compulsory accreditation for all lawyers taxpayers. The main reforms include: and caseworkers doing legally aided asylum and immigration work. This will • a financial threshold of five hours for the ensure that high quality advice is being initial decision-making process, which provided by suppliers of publicly funded can only be exceeded with prior legal services and ensure that authority of the Legal Services taxpayers’ money is properly used to Commission protect the genuine interests of immigrants and asylum seekers • measures to ensure no legal aid work is undertaken in asylum appeal cases • working jointly with the Home Office in without prior approval from the Legal reviewing appeal rights for certain Services Commission family visit visa cases, to discourage speculative appeals. We will also • removal of Home Office interviews consider reviewing the right to an oral hearing for family visit visa appeals and • introduction of accreditation for all whether to charge for these appeals lawyers and caseworkers doing legally aided asylum and immigration work. • working jointly with the Home Office to expand fast track processes by adding 58 4.11 These reforms have contributed to a detained fast track process for single reducing the cost of asylum legal aid by females at Yarl’s Wood to the existing over £70 million in 2004/05. Harmondsworth detained fast track for single males

• working jointly with the Home Office to Future programme introduce a new asylum model with more tightly managed processes for all of work new asylum applicants. The new model will include: 4.12 The 5 Year Strategy for asylum and immigration, announced in February 2005, – a new screening process that is sets out a wide-ranging programme of better able to move asylum measures to deliver the Government’s vision. applicants through a multi- processing track tailored to the 4.13 The Department plays a key role in characteristics of their claim 4 Speeding up asylum and immigration appeals delivering this vision and the new Spending Review 2004 PSA Target 3 “to reduce – an end-to-end case management unfounded asylum claims as part of a wider process with specialist case strategy to tackle abuse of the immigration management teams having laws and promote controlled legal migration”. ownership throughout the system, from when the asylum claim is first made right through to either integration or removal. Joint working target. A Joint Asylum Decisions and Appeals Sub Programme Board, with joint 4.15 The 2003/04 PSA target (jointly held Senior Responsible Owners for the with the Home Office) for asylum was “to programme of work, monitored delivery of ensure 60 per cent of new substantive the target on a monthly basis. A Delivery asylum applications are decided (including Working Group, comprising DCA, the Home final appeal) within six months”. The target Office and the Prime Minister’s Delivery Unit was exceeded, with 64 per cent of (PMDU) officials, met fortnightly to discuss applications for the period decided within performance in detail and provided monthly six months. updates to the Sub Programme Board.

4.16 A governance structure facilitated the 4.17 The following table illustrates the collaborative working across government, speed and performance measures which which was a key enabler in achieving the contributed towards achieving the target.

Home Office – DCA Immigration Nationality Directorate

Asylum Appeals Immigration Legal Services Casework Processing Appellate Commission

areas Directorate Centre Authority Delivery 59 Applicant Appeal paperwork Management of the Management and screened, prepared and two-tier appeal provision of legal interviewed and bundle sent to process at aid for cases served with the Immigration adjudicator/tribunal passing means and initial decision Appellate Authority (subject to merits test Process

component permission to appeal) stages

Fast decisions: Fast processing: Fast turnaround: Fast funding: 82% of Bundles sent to 74% of appeals Controlled Legal applications were Immigration decided within 12 Representation decided and Appellate Authority weeks of receipt of enables Legal served within two within 14 days and appeal Services Speed months 28 days of appeal Commission to receipt decide funding for meritorious cases 4 Speeding up asylum and immigration appeals

Higher quality – Quality – thorough Quality – Quality – quick over 80% of preparation of comprehensive turnaround of asylum decisions appeals paperwork training for all new funding decisions sampled assessed to avoid adjudicators and to avoid as fully effective or unnecessary lay members. adjournment of

Quality better by both adjournment of Increased use of cases due to lack internal and cases new technology of funding external assessors 60 4 Speeding up asylum and immigration appeals al above. table inthe process described Authority tothe Appellate Immigration andthe Commission Services Legal Nationality Directorate, the and Immigration bythe made contribution 4.18 ohdepartments. both sensible withtheresources availableto appealssystemthatis through the cases numberof maximisethe order to Directorate workverycloselytogetherin Nationality and Immigration the Authorityand Appellate Immigration The centres. hearing detentionto byco-locating possible departmental workingwhichwasmade cross- close procedures required fasttrack of Theuse improved removals. appealsand applications, asylum of contributed tothequickturnaround processes fasttrack of theuse Also, caseworkers. provided to feedback and improvements inthetraining possiblethrough decisions wasmade initial andqualityofthe The speed Directorate Nationality and Immigration h olwn boxesillustratethe following The rvddtenecessarytraining. provided the officers and presenting caseworkers and additional Office recruited Home Similarly, the judiciary. members ofthe and additionalstaff recruitment of hearingvenuesand in increase as Authoritysuch Appellate Immigration capacityatthe ofthe expansion rapid possiblethrough the appeals wasmade asylum of improved turnaround The Authority Appellate Immigration asylum work. legallyaided decisionsin quicker funding ensured formeritoriouscases, funding decides ServicesCommission Legal the Representation, where Legal Controlled ServicesCommission Legal 61 4 Speeding up asylum and immigration appeals Our role is to widen access to justice so that vulnerable people – children, victims of domestic violence and people who lack mental capacity – can exercise their rights and solve their problems. 5 Protecting the vulnerable Our role 5.2 Our role is to widen access to justice so that vulnerable people can exercise their rights and solve their problems, and to 5.1 The Family Courts have a key role in ensure that the courts and legal advice are protecting the vulnerable. They deal with there to provide necessary protection. Our family proceedings, which include divorce, focus in this area is on children, victims of children’s cases (including abuse and domestic violence and people who lack domestic violence), and adoption. The type mental capacity. of work the Family Courts undertake depends on their jurisdiction. County Courts 5.3 For children specifically, we work to that are Family Hearing Centres deal with deliver on the Government’s commitment divorce and private law family cases, whereas that “every child matters”: when children Care Centres deal with all private and public and parents need the protection or support law cases. The Family Proceedings Courts of the justice system; when children are at also have full private and public law risk; and when parents’ relationships break jurisdiction although they do not deal with down and they are unable to agree on their divorce cases. The High Court has jurisdiction children’s futures. to hear all cases relating to children’s welfare and interests, and exercises an exclusive jurisdiction in wardship cases.

64 5 the vulnerable Protecting 5.4 The aim of the Relationship Breakdown emotional and practical needs, as well as Programme is to deliver a coherent package their legal needs, in all the information, of reforms that will deliver better outcomes advice and support we provide. We are for children and parents. These reforms will restructuring information and advice, legal be led by a number of agencies including aid, court services and provision by the ourselves, the Department for Education voluntary sector to support this aim. and Skills, the Legal Services Commission and Children and Family Court Advisory and 5.6 For children who are most at risk, we Support Service and will be co-ordinated by will work with the Department for Education a Programme Team based in this and Skills to assist earlier identification, Department. Those involved in delivering the quicker access to the courts, and a programme will also work closely with the speedier resolution of their futures. judiciary to achieve these changes. 5.7 Legal aid has a crucial role to play in ensuring that people know what their rights and responsibilities are and how they can Families and children be enforced. This is important if we are to help the vulnerable take effective action to deal with the problems they face. Family 5.5 We recognise that parents and families legal aid is targeted to meet the needs of are the most important people in children’s vulnerable children, young people and their lives. When things go wrong, parents need families, by delivering high-quality, cost- help and support that enables them to

65 5 the vulnerable Protecting resolve their family difficulties themselves as effective services appropriate to their needs. much as possible. DCA provides particular In 2003/04, 146,438 bills at a value of £489 support to families in times of crisis, building million were paid for legal representation in on the support that the Department for family matters. This compares with 141,600 Education and Skills makes available to all bills at a value of £457 million in 2002/03. children and families. Our future approach is to recognise children’s and parents’ 66 5 Protecting the vulnerable 030.T otnet akedelayin continuetotackle To 2003/04. percentin percentfrom 35 41 increased to centres has care inthe in2004/05 measure againstthetarget Performance 2004/05. in delay, were seen initiatives totackle other and management, case judicial 5.11 by 2009/10. 40weeks by10percent courtswithin in the completed casesbeing care of proportion increase the Review2004)to Spending the in PSAtarget(announced new now hasa Department The tackle unnecessarydelay. SupportService,to Court Advisoryand Family and Children practitioners andthe legal Family Proceedings Courts, Magistrates’ Majesty’s CourtsService),the (nowHer CourtService authorities, the local Skills, and Department forEducation forexample,the including, together, organisations bringingthese in keyrole a hasplayed DCA byfamilyjudiciary. finalised be arrangementscan care process before inthe involved other organisationsmustbe many complexand childrens’ interests are 5.10 orders. emergencyprotection and supervision ascare, matterssuch cases relating to include and NSPCC authoritiesorthe local 5.9 atrisk children Protecting January2005. in published separation parental Next Stepsdocumenton linewiththe in court, outof early resolution emphasison place aidto familylegal of includes measures toredesign thestructure package The domesticviolence. for victimsof help increased alongwith familycases, and divorce particularlyin for earlysettlement, introduced be incentiveswill March 2005, on2 casesannounced forcivil aid legal 5.8 ulclawcasesare usuallybrought by Public ofreforms to package As partofthe h oiieipc fapooo for protocol a impactof positive The of protection Cases involvingthe ae oigintothesystem. cases coming of of year-on-year increases inthevolume backdrop particularlygiventhe challenging, 40weeksremains very caseswithin cent of 5.13 give: FamilyDivision), President ofthe the agreed with (and April2005 1 Chancellor on Lord bythe already announced changes, Proposed foramendment. recommended be present Directions should the of any, if consideringwhich, aviewto amended) with (as Directions 1999 Judiciary) To (Allocation FamilyProceedings opportunity torevisit the FamilyDivision,wewillusethis of the President closelywiththe Working system. court inthe isconducted which work considerthevariouslevelsat opportunity to provides the April2005 in Service 5.12 above. mentioned includingthose organisations, keydelivery all judiciaryand from the representatives includes ThisBoard Board. Programme bya deliveryisoverseen and implemented, facilitiesisbeing courtroom of allocationsanduse judicial flexible more managementand case improved experts, of effective use more working, betterinter-agency on focusing agency plan inter- an lawcasesin2005/06, public oiae DistrictJudgesinthe nominated • familylaw nominatedrecorders (with • Proceedings Courts. Family casesasthe hear care jurisdictionto County Courtthesame CountyCourt cases inthe law hearpublic jurisdictionto tickets) oee,ourtargettoresolve 70per However, HerMajesty’s Courts of creation The secuaigat67.2percent. is encouraging lcmn efrac forthe Placement performance category. inthevulnerable normally are concerned is more urgentinthatchildren placementadoptions in performance Strong is 45.2 percent. adoptions performance private date, Fortheyearto category. inthevulnerable normally considered isnot parents and hisorhernatural of one islikelytoreside with child proceedings the adoption private In adoptions. (step-parent) private adoptions andsignificantlevelsof placement forboth reflects performance performance Overallreported trajectory. forecast andtoreview the performance issues affecting ascertain underlying commissionedto has been Work recovery. a hasbeen from whichthere October 2004, Augustand between performance in dip There wasa 20 weeks)was63.7percent. casesheard within adoption (70 percentof Target Adoption againstthe performance 5.15 December2005. in force into come legislationto expectthe We consistency. efficiency and improve procedures which centres and ofspecialistadoption the use by managementand delay bybettercase measures toreduce and country adoption, inter- and arrangements fordomestic Thisintroduces new Act2002. Children and Adoption ofthe implementation 5.14 Adoption in 2004/05)to 5.16 International aeadce hi hl n dieon advise and abductedtheirchild have parents who adviceto provide They also awareness events. and astraining as well abduction, fearchild orwho abducted child a had have guardians who members and family parents, andsupportto information advice, providing a 24-hourhelpline, charity. abduction child parental sa h n fMarch 2005, of end As atthe finalisingthe be also We will C givesfinancialsupport(£110,000 DCA reunite h international , the ert date year to reunite runs oetcvoec court. designated domestic violence a in heard be family would proceedings involvingthesame domestic violence aspectsof civil and criminal where court domesticviolence firstintegrated the pilot alsowantto We courts byApril2006. have25specialistdomesticviolence proposals to are plan inthe Included violence. domestic better servicesforvictimsof initiativesfordelivering of contains arange plan, national a Domestic violence: jointdocument, a published Office Home andthe DCA March 2005 On 31 justicesystem. criminal inthe confidence public andthusincrease satisfaction and participation that theyincrease victim beenshown Cruciallyithasalso for victims. courtandsupportservices effectiveness of courtsenhancethe domestic violence indicatedthatspecialist evaluations have The June2005. on29 final report isdue a and September2004 in published report interim was an – being undertaken is Croydon Gwentand more systemsin two of furtherevaluation A magistrates’ courts. casesinthe domesticviolence dealing with first fivespecialist/fast-tracksystems effectiveness ofthe evaluatedthe have we 5.18 justice. brought to perpetrators are ensure that help and domestic violence availabletovictimsof protection the measures thatimprove of includes arange Act2004 Victims and Crime Violence Domestic The courts. from the protection effective accesstoswiftand have violence domestic justice systemsothatvictimsof 5.17 Domestic violence h uoenUnion. European the familyorders across certain enforcement of and mutualrecognition extendthe that introduced newregulations were 2005 March 1 On contactissues. international ihteConPoeuinService, Prosecution Crown the With improve the continuingto are We which 67 5 Protecting the vulnerable Improving family work in Birmingham

On 19 January 2004 Birmingham Sometimes, however, the Family Family Proceedings Court relocated Proceedings Court is unable to to Priory Courts, home of meet the demand for a contested Birmingham Civil Justice Centre. hearing at short notice. The effect of this relocation is that Arrangements are in place so that, all the administrative and judicial following a short-term transfer, such functions of family justice in urgent hearings may be listed in the Birmingham are now on one site. county court before a District Judge 68 or Circuit Judge. The immediate benefits have been that the additional courtrooms in The co-location project was Birmingham Family Proceedings pursued enthusiastically by Court can be flexibly used as the everyone concerned and has paved demands of the Family Proceedings the way for a pilot project to create Court work or county court work a ‘Specialist Family Centre’ to dictate. One of the Family improve the delivery of family Proceedings Court courtrooms has justice in Birmingham. been released on a regular basis for county court use, which has helped accommodate extra family sitting days to help meet the protocol timetable. 5 the vulnerable Protecting Programme. Law President’s Private forthe appreciation itssupportand expressed Government State’s announcement,the Secretaries of Atthe are repeat applications. where there different judges before information same havetorepeat the people often, that, too court;and gettingto delayin considerable keyissues–the addresses two programme The courts. in practice best nationalroll-out of a process involving gradual a be Programme will that the Itisintended LawProgramme. Private the announced FamilyDivision, President ofthe former Butler-Sloss GBE,the Elizabeth 5.21 agreement. arrangementstoreach parenting aboutfuture dispute parents in separating help measures to of implement arange White Paper ( a Skillsissued and Education and Industry, and Trade Affairs, Constitutional for State Secretaries of 2005 the January 18 On broadly supported. were proposals The children. support parents and ofreform to programme broad out a Responsibilities Parents’ Children’s Needsand 5.20 separation. orparental divorce connection with generallyin and individuals, private 5.19 breakdown Relationship loo 8Jnay h tHnDame RtHon January, the 18 on Also Paper Green The brought by lawcasesare those Private Next Steps ulse nJuly2004,set in published , ), whichsetoutplansto aetlSeparation: Parental Steps inthe proposals outlined deliver the projects thatwill of judiciary onthesuite andthe SupportService Advisory and FamilyCourt and Children Commission, the Services Legal Skills,the and Education Departmentfor DCA,the working with 5.22 eito –thestrongest possible Mediation • and improved – In-courtconciliation • additionalresources Contactservices– • Plans–seekingtoshowthe Parenting • formsallowing new GatewayForms– • judiciary). court(HMCS/ goingto of instead mediation couplestouse separating givento be encouragement will (CAFCASS). models mostsuccessful determine the isunderwayto Work hearing. court contested a avoiding agreement, an officers facilitate whereby CAFCASS delivered be accesswill national centres (DfES). children extendedschoolsand centres, contact contact servicesthrough deliveryof include delivered, to be contactcan services tosupportchild of howawiderrange evaluate done to be andworkwill identified, been have (DfES). completed has nowbeen plans parenting onrevised consultation The drafted. of circumstances were arange in living are who atdifferent agesand forchildren well contactarrangementsthatwork sort of deliverthisimprovement (HMCS). aid to forlegal identified hasbeen £10 million next12months– overthe evaluated be formswill The another. ill treatment of orhearingthe impairment from seeing harmthatincludes of definition the clarified also Thischange January. 31 on implemented isallegedwere harm caseswhere of earlyidentification the e aet’ orsSrieis Her Majesty’s CourtsService ouet hs projects include: These document. Next 69 5 Protecting the vulnerable Fast-track system for domestic violence cases in Cardiff

Cardiff Magistrates’ Court and The Women’s Safety Unit provides a Cardiff Women’s Safety Unit one-stop shop for women and operate within a ‘fast-track’ system children experiencing or witnessing for processing domestic violence domestic violence and/or known cases. Partners include the perpetrator rape. Women’s Safety Unit, Cardiff Crown Prosecution Service, South Wales The system includes a Pre-Trial 70 Police and the magistrates’ and the Review Court one morning a week Crown courts. Links have also been and designated ‘1 in 4’ slots for established with Multi-Agency Risk domestic violence hearings, and Assessment Conferences which applies to pre-trial hearings bring together 16 agencies who and trials. provide information in order to minimise the risk of serious harm Members of the Women’s Safety to high-risk victims. Unit attend the Pre-Trial Review Court to support victims. Partners operate under a Memorandum of Understanding, Further support is provided through data sharing protocols and specific a Victims’ Forum where women who data sharing protocols for high-risk have used the unit meet to discuss cases. and share their experiences. 5 the vulnerable Protecting mlyetadpninbenefits. pension employment and access to accidentcompensation;and fatal otherpartner;accessto maintenance tothe provide duty to a for example, include, They marriage. presently acquired through broadly mirror therightsandresponsibilities Act provisions inthe The December2005. from 5 Partnership Civil a enterinto notice to give ableto be Same-sex coupleswill having theirrelationships legallyrecognised. nowayof currently have couples who legalstatusforsame-sex new a create 5.23 Partnerships Civil otOdrFlo-p–supportforthe PostOrder Follow-Up • Billwas Adoption and Children The • and Children ofthe Changingtherole • Familyresolutions pilot–thisis • (CAFCASS). compliedwith that courtorders are ensure help SupportServiceto and FamilyCourtAdvisory and Children (DfES). June2005 8 on published Government’s response was The 12April. on proposals, waspublished draftBill’s ofthe broadly supportive scrutiny committee’s report, whichwas andthe DfES, bythe February 2005 forpre-legislative scrutinyin published draftBillwas A deliverthis. Bill will andthe contact, child facilitate to powers flexible formore judiciary asked The 2005–06 parliamentarysession. the in forward betaken andwill 2005 13June Parliamenton into introduced judiciary). (CAFCASS/ problem solving writing to awayfrom report move Service to Support Family CourtAdvisoryand contactapplications(DfES). handling different arrangementsfor testing h ii PartnershipsAct2004will Civil The eiin aeontheirbehalf. decisions made Guardian tosupervise Public new appoint a and decisions, complex orhighlysensitive dealwith specialistcourtofrecord) to (a Protection Courtof new a establish also group, wewill the rightsofthisvulnerable To safeguard making. decision heartof the at alwaysbe autonomy and that theirbestinterests should of level maximum a maintain can ensure thatpeople Itwill decisions. maketheirown ableto maynotbe who people protect vulnerable empowerand to clearstatutoryframework a firsttime for the 5.25 ActbyApril2007. ofthe implementation effective ensure isto partners, other and Health Departmentof Office, the Guardianship Public now, workingwiththe Ourpriority Assenton7April2005. Royal 5.24 capacity Mental mlmnaino h c ilprovide Actwill ofthe Implementation CapacityActreceived Mental The 71 5 Protecting the vulnerable

6 Faster and more effective dispute resolution

We are focusing on enabling people to resolve their problems better by promoting and delivering faster, more effective and proportionate means of resolving disputes. 74 6 Faster and more effective dispute resolution tsaernefrom issues thestraightforward, at stakerange The casesayear. million a order of the in dealwithsomething and landscape justice civil majorpartofthe a form – government 6.5 nature. in inquisitorial more courtsand formal than less be to designed Tribunals are them. casesbefore determinethe knowledge to andspecialist necessarylegal the byindividuals/panelswho/thathave made Decisionsare concerned. which theyare lawwith of particulararea inthe specialise courtsinthatthey advantages overthe 6.4 disputes. land employmentand versus partymatterslike party butothersdealwith asylum status– and immigration and benefits, entitlement to astaxliability, agencies–such and bodies bypublic made decisions concern Often,these courts. gotothe otherwise disputesthatwould particular typesof 6.3 landlords. creditors and oppressive against guard courtsalso disputes, the property debtsandsettling recovering meansof effective an asproviding As well complexcases. and matters orsubstantial Courthearsmore specialist High The land. of contractsandtherecovery debt, relating to casesincludingthose courts dealwith Civil country. ofthe economicwell-being the improving and maintaining in role important 6.2 issuesatstake. is proportionate tothe costwhich ata mannerand a rights in enforce their disputesand people toresolve environment for an Theyprovide rights. enforce andto elsewhere, or resolved avoided cannotbe disputeswhich resolve 6.1 Our role 1 o ute nomto nfse n oeefciedsuerslto novn aiyise,seChapter5. familyissues,see involving dispute resolution effective more fasterand on For furtherinformation rbnl u by Tribunals –run bring to intended Tribunals are Tribunals existasforumstoresolve playsan justicesystem civil The courtsisto civil ofthe mainrole The ohcnrladlocal and central both ue hr necessary. rules where amendingthose and forconsumers, deal better a ensure professional rulesto and existingregulatory framework examining the ofworkthatincludes programme a forward 6.7 legalservicesmarket. and consumer-focused competitive a facilitate aimto We disputes. meansofresolving and proportionate effective more faster, delivering and resolve theirproblems betterbypromoting 6.6 pounds. millionsof lawand of points intricate dealingwith highly complex, money, tothe modestsumsof involving fdsuerslto ntefollowingways: inthe disputeresolution of methods aboutalternative given users are 6.9 awareness and Information courts. resort tothe by disputesthatare resolved of proportion performance targetstoreduce the agreed specific have and many years, disputesfor meansofresolving alternative of promoting theuse been have We people. disagreement between a solving lesscostlymeansof aquickerand provide can alternatives manycases, In disputes. aboutotherways tosettle information lack often and legalsystem using the 6.8 court to Alternatives oaheeteeam,w are taking aims,we achievethese To peopleto enabling on focusing are We eaeipoigteinformationthat improving the are We about apprehensive are Most people 1 ohl or sr n members ofthe courtusersand help helpline to national a piloting are Council, we 6.13 website and Helpline Mediation National Court mediationschemes Mediation October2005. in held be week’ to a‘mediation climaxin awareness campaign, whichwill mediation national a develop to 6.11 awareness campaign National adviceservices. and providers disputeresolution alternative linksto provide pagesto DCAweb the alsorevised have We dispute resolution. aboutearly Service Community Legal bythe leafletsproduced of range leafletandthe mediation refer withthe ensure thattheycross- courtusersto to offer otherleafletscurrently on also reviewing the are We courtusers. all mediation to 6.10 information Leaflets andwebsite new schemes. providers thatwanttosetup mediation judges and courts, local help kit’to practice ‘tool best- a haverecently produced We Wales. South and Guildford Exeter, Birmingham, London, Central schemes nowexistin Such mediationschemes. court-linked and court-based developmentof supporting the 6.12 ncnucinwt h ii Mediation Civil conjunctionwiththe In eaewrigwt keystakeholders are workingwith We about outinformation nowsend We o ubro er,DAhasbeen DCA numberofyears, For a fproblems of Appropriate resolution newpilotsthissummer. launchthe first ofthe aimto We courthearing. a before disputessettletheircases lowervalue with people help bestwaysto establishthe to 6.14 claims Small oiinPaper Position 6.16 allows. asParliamentarytime as soon introduced be Thesewill debt relief scheme. Asset’ No Income proposed ‘No as forthe aswell Order, Enforcement Restriction an of introduction Orders andthe Administration court-based proposals toreform the confirmed thatthere wasbroad supportfor This 17March 2005. on published response Government was The debt. into further pushed obligations withoutbeing meettheir asfarpossible,to helped, be over-indebted whowishto assist the proposals fornewmeasures to contained debt multiple indebtedness and over- manage betteroptionsto paths– of paper consultation published the July2004we In over-indebtedness agenda. Government’s debtorsinsupportofthe and creditors improve theservicesavailableto 6.15 nomto n al n fetv advice to effective earlyand and information better of provision emphasis onthe Thisplacesastrong wider debtprogramme. intentionsforits future and date progress to ainlproviders. national ofthe one appointmentwith mediation low-cost andtime-limited a arrange public eitn oitouearneo pilots of arange introduce intendto We eaaey C sudits issued DCA Separately, proposals to isdeveloping DCA n1 ac 05 outlining 17March 2005, on Debt This . choice A 75 6 Faster and more effective dispute resolution debtors, with a view to facilitating early Court and now includes Luton and Bedford engagement to resolve problems, avoiding County Courts. During 2005/06, we will cases coming to court unnecessarily. Where a evaluate the results of the pilot and issue a matter must come to court, for example to consultation paper before making a resolve a dispute or for enforcement, it should decision on rolling out the scheme across be handled speedily, effectively and efficiently, the country. according to the needs of the case. 6.20 In September 2004, we published a consultation paper Civil warrant performance indicator – information for Customer satisfaction customers. This set out proposals for improving the quality and nature of in the courts information supplied to customers to help them make better-informed choices on 6.17 Performance against our customer enforcement. service targets are set out in Chapter 2. We are on course to exceed three out of the 6.21 During 2004, DCA piloted a unified four headline targets that directly measure enforcement team in Leicestershire, where customer satisfaction, reflecting the county court bailiffs and civilian enforcement commitment of staff and managers in the officers from the magistrates’ court worked civil and family courts to pursuing together to enforce county court judgments excellence in customer service. A further and magistrates’ court fines. The single illustration of this was the achievement of team proved effective, and analysis of the Charter Mark accreditation across 95 per pilot has provided the necessary information 76 cent of all civil and family business units in for the unified enforcement team model to April 2004. This allowed us to meet our be introduced (where appropriate) across target nearly two years early, and meant Her Majesty’s Courts Service from April 2005. we became the public sector leader in achieving Charter Mark accreditation. 6.22 In 2005/06, Her Majesty’s Courts Service will embark on a programme to 6.18 During 2004/05, we focused particular achieve Charter Mark accreditation across efforts on improving our complaints-handling all business areas, including the process, including introducing new national magistrates’ courts, with the objective of customer service standards and providing achieving full corporate accreditation by staff and managers with new guidance and 2008/09. One of the key criteria for training in dealing with any expression of successfully attaining the Charter Mark dissatisfaction with the service received. standard is for courts to demonstrate a However, the impact of this is not expected positive contribution to the community they to translate through to improved customer serve. This programme of work will perception, measured through the therefore help support DCA’s 5 Year 6 Faster and more effective dispute resolution satisfaction survey, until 2005/06. Strategy objective of forging stronger ties with all aspects of the wider community, 6.19 During 2004/05, the pilot scheme to in order to make the court system more extend the scope of hearings conducted by accessible and better understood by telephone continued at Newcastle County the public. h mediation session. the proceed with neededto advice the all me mediation servicethatgave a Iwasreferred to call, telephone brief one Following myself. it matterhowItriedtoresolve no control, dangerously outof become had and mymaking was notof that dispute a of asolution route to appeared thequickest Mediation Helpline. Mediation National aboutthe me courttold “The with variousagencies. liaison and dispute the concerning astheresearch aswell of work days me courtactiontook potential forthe Preparing expensive. increasingly and stressful highly Itwasbecoming involved. otherparty from the counter claim a in court, whichthenresulted claims inthesmall beenstarted had action An replacement windowfirm. a disputewith “I wasin h ainlMdainHlln:auser’scomments Helpline: Mediation National The with theresult. happy am mycostsand regained I confidentiality agreement. a solution thatissubjectto a mediator helpedustoreach The mydispute. resolution to affordable fastand a provided Helpline Mediation National “The n a bereached.” can end andthequickeran concerned for all betteritis less litigious thesolution, The court. in endup could disputesthat in othersinvolved to mediation definitelyrecommend “I consultasolicitor. need to isno There mediation takesplace. before needslesspreparation and involved hasfewerpeople informal, ismore Mediation process. court compared withthe solution, a providing lower costin and speed “ h eeiso eito are the mediation benefitsof The

6 Faster and more effective dispute resolution 77 Dealing with Enforcing the court’s correspondence and decision complaints 6.24 One of the objectives in DCA’s strategy for more effective and proportionate dispute 6.23 The speed of complaints and resolution is to improve enforcement so that correspondence handling in the Courts creditors have a more straightforward and Service continued to improve considerably accessible system, and debtors who during 2004/05, following the work done to genuinely do not have the means to pay are improve standards and the culture and protected from oppressive pursuit of their approach to complaint handling. The 85 per debts. Public confidence in the cent performance targets for complaint administration of civil law requires that handling were met in three of the four target judgments can be properly enforced. areas defined in the Public Service Agreement (PSA) (see table in Chapter 2), 6.25 April 2004 saw the successful and, in the fourth (Group Managers), implementation of a new system for the performance was within target by the end of enforcement of High Court writs, based on the 2004 calendar year (but not the provisions contained in the Courts Act cumulative year-to-date performance). 2003. Despite this being a year of change, High Court enforcement collection rates

78 6 Faster and more effective dispute resolution have continued to improve during 2004, March 2003. This has involved continued with a collection rate against all correctly liaison with other Government departments due and enforceable writs of 58 pence in and outside stakeholder groups. We the pound, compared with a figure of continue to explore opportunities to take 54 pence in the pound for 2003. forward the proposals through legislation.

6.26 The performance of county court 6.28 The proposed reforms include data bailiffs on warrant enforcement has sharing with other agencies, to better consolidated over the past year. Their enable us to give customers the information results for 2004 showed a collection rate and support they need in choosing against all correctly due and enforceable appropriate enforcement methods and warrants of 90 pence in the pound, service providers. The draft bill will also compared with a figure of 89 pence in contain proposals for the regulation of the pound for 2003. bailiffs and a single piece of enforcement agent law. DCA is also continuing to 6.27 DCA has also continued to develop develop proposals for the creation of a the package of legislative proposals National Enforcement Service, to enable the designed to improve court-based methods better targeting of resources by the courts of enforcement, as set out in the White across the whole spectrum of civil, family Paper Effective enforcement, published in and criminal enforcement.

79 6 Faster and more effective dispute resolution Online forms 6 October 2003 which enables customers to communicate directly with civil and family courts using customer-facing email 6.29 Users of nine county courts can now accounts. Guidance on the operation and use a new online service which will improve management of the email accounts, and access to justice by allowing customers to information for court managers in carry out transactions online. This service is publicising the email service to court users, being piloted in Basildon, Birmingham, are published on the DCA infonet. Guidance Bournemouth, Coventry, Dartford, Leicester, for court users is available on the website Llangefni, Norwich and Preston. Using the for Her Majesty’s Courts Service at: service can be done from home, the office www.hmcourts-service.gov.uk/infoabout/ or other locations, such as advice agencies. email_guidance/index.htm. Applicants complete the forms on-screen, making use of easy-to-follow instructions. 6.32 Nineteen existing forms were identified There is on-screen help for each step of the as suitable for conversion to an electronic process. Using a debit or credit card, fees format. These forms are available from the are paid online over a secure link. People DCA website and can be downloaded by who are eligible for fee exemption can apply court users and filed by email directly with for this online. Details of the forms and more the relevant court. The number of customer information are available at emails to courts has increased as www.hmcourts-service.gov.uk/ confidence in the service has grown. countycourtformsonline/. Publicity initiatives, such as the formation of ‘partnerships’ between courts and targeted customer groups, have proved effective in 80 increasing email volumes. Money Claims Online 6.33 A set of protocols for the emailing of sensitive documents from the Children and 6.30 Money Claims Online Family Court Advisory and Support Service (www.moneyclaim.gov.uk) continues to be a has also been developed. The protocols highly popular online service for citizens and were successfully piloted at Leicester and businesses. It allows online issue of claims Preston County Courts, where the majority and responses to claims and provides the of private law reports are now filed ability to monitor progress 24 hours a day. electronically. The team also developed Claimants now issue over 4,000 cases a electronic versions of referral and mediation month online. report request forms. The use of electronic requests has improved allocation times for the appointment of reporting officers and has the potential to reduce the overall time Customer email for civil taken for the production of reports. 6 Faster and more effective dispute resolution and family courts 6.34 The customer email project was successfully concluded in September 2004 6.31 The civil email project enables when the mailbox structure became a electronic communication between court component of the LINK and Civil LINK users and civil courts within the LINK infrastructure implementation programme. infrastructure implementation programme. An email facility has been available since recommendations, whichwere: main broadly acceptedthe and 2004) December 15 on David’s report (published Sir 6.36 forthereview were: reference Thetermsof Wales. and England services in forlegal review oftheregulatory framework independent an head PLC,to Prudential of chairman Clementi, SirDavid appointed 6.35 Legal servicesreform public Lawyers servingthe euaoypwr ob etdinthe bevested regulatory powersto • have Services Board to Legal the • Services Legal ofthe thesettingup • be frameworkthatwill a torecommend • considerwhat regulatory framework to • arrangements governance and competence bodies,subjecttotheir line front- devolve regulatory functionsto powersto ServicesBoard, with Legal interests consumer and public of promotion includingthe statutory objectives, BarCouncil and the LawSociety asthe bodiessuch line front- consistentoversightof provide Boar isclearlyjustified. burdensome than or more restrictive no and transparent, flexible, consistent, accountable, comprehensive, consumerinterest, and public independent inrepresenting the independent legalsector and effective efficient, an interests in consumer and public and innovation, competition, bestpromote would h ertr fStatewelcomed Secretary of The Falconer Lord July2003, On 24 d–anew legal reg ulator to ri early2006. or in of2005 end Statetowards the Secretary of firstawards tothe recommend the andtheyhopeto criteria, objectively defined against onrigorous selection based be improved systemthatwill an developing professions are The QCs. selecting primaryresponsibility for overthe take Ireland to Northern in Wales and England, professions in legal askedthe State Secretary of The (QCs). Queen’s Counsel of future itsconclusionsonthe announced 6.39 marking quality and (Silks) Queen’s Counsel atesisi othercountries. partnerships in enterinto provide servicesand firms to law British attemptsof and supportsthe legalservicesinternationally, of liberalisation encouragethe Organisation,to Trade World inthe Union’s representation European 6.38 follow. legislationto autumn 2005,with 6.37 h salsmn falternative establishmentof the • forLegal Office ofthe thesettingup • make berequired to bodiesto front-line • ownership. managementand in involved be and thatpermitnon-lawyersto footing, equal an working togetheron barristers, example solicitorsand for bodies, different front-line from practices thatbringtogetherlawyers law Disciplinary Partnerships– asLegal business structures such ServicesBoard Legal oversightbythe bodies, subjectto front-line membersof all respect of consumercomplaintsin handle body to independent asingle Complaints – functions their regulatory andrepresentative arrangementstoseparate governance nMy20,teGovernment May2004,the In C locontinues,through the also DCA Paperin White a publish DCA will 81 6 Faster and more effective dispute resolution 6.40 Meanwhile, DCA is conducting a study • developing the capacity of the wider of the legal services market to determine Community Legal Service, incorporating whether similar quality marking or other all advice and guidance services (e.g. information about quality is needed for those provided by local authorities or services other than advocacy, and what voluntary sector organisations) form any resulting information scheme ought to take. The study is intended to lead • facilitating the expansion of privately- to a report in summer 2005. When it is funded services. complete, the new QC scheme will be reviewed to determine whether it is 6.44 The principal pieces of work that have consistent with the principles the study contributed within these three areas are will establish. described below.

Community Legal Service Direct Access to advice and 6.45 In July 2004, the Legal Services legal services Commission launched Community Legal Service Direct, a new service to deliver 6.41 One of our key challenges is to improved access to justice and combat improve access to justice, making people social exclusion by making it easier to find aware of their rights and responsibilities and quality legal advice. This service provides how to exercise them. This is crucial if we free information, help and advice direct to are to help the poor, the vulnerable and the the public on a range of common problems, 82 victimised to resolve their problems, while including debt, education and welfare ensuring that public funds are used to benefits (and in some locations employment best effect. and housing). It is available via a national helpline and a website that help members of 6.42 The Community Legal Service has the public to find a quality-assured local a crucial role to play in delivering this advice provider or solicitor. The website objective. We have continued to target legal currently averages 58,000 visits each aid resources to maximise help to those month, and over 205,000 calls were dealt most in need. Further information on the with by the helpline from launch on 14 July Community Legal Service can be found at: 2004 to the end of March 2005. www.clsdirect.org.uk and www.legalservices.gov.uk. LawWorks project 6.43 We have a specific target to increase year on year the number of people who 6.46 Together with the Legal Services receive suitable assistance in priority areas Commission, we have funded a second 6 Faster and more effective dispute resolution of law involving fundamental rights or social phase of the LawWorks project, run jointly exclusion. The strategy for achieving this by the Law Centres Federation and the comprises three key areas of activity: Solicitors Pro Bono Group. Advice is available to the public from law clinics and • maximising the number of people via the LawWorks website. The project aims receiving assistance from the to deliver help to 85,000 clients during the Community Legal Service period 2004–07, with 45,000 clients receiving advice per year by 2006/07. a grown up. had I is where hadrequested, which that I area exactlythe in accommodation MondayIwasoffered following the On arepresentative. interview with an gotme and association housing local caseworkercontactedthe The live. mesomewhere to was finding example One especially soquickly. besolved, could didn’t think problems thatI andsolved time ata onestep metake “They helped hands. safe Iwasin feltasthough caseworker I a butafterspeakingto whatsoever, family support no had I life. my partof areally trying through atlastandwashelped heard myvoicewasbeing as though felt I aviolentpartner. handsof the from me Ireceived saved guidance and independentadvice “The Help to find a new life new a find to future.” inthe findingwork my chances of improve also gaining will am I experience The mylife. improve and myself of nowmakesomething can feelthat I I needed. I confidence methe Ithasgiven everyday. different people meeting skills and new lotsof learning on reception, advice,working that provided the centre nowavolunteeratthe am “I

6 Faster and more effective dispute resolution 83 Impact of Debt Advice study Financial Inclusion Fund

6.47 We are funding a multi-stranded 6.50 Her Majesty’s Treasury has allocated research project by the Legal Services £6 million from the Financial Inclusion Fund Research Centre (LSRC) to establish the (£2 million for each year from 2005/06 to quantifiable benefits of advice. The Impact 2007/08). This will offer services to both of Debt Advice study aims to identify prevent and resolve debt problems. DCA is benefits to the individual, the community working closely with the Legal Services and the wider society that come from timely, Commission and the advice sector on the quality advice. Benefits to the individual may design of pilot schemes to target those include monetary savings, reduction of most in need of help. We are also working stress levels, improved health, reduced with the Department of Trade and Industry, problem escalation, and/or additional itself a recipient of a Financial Inclusion knowledge and financial management skills. Fund allocation, to ensure that our work For society, it may include monetary savings complements and dovetails with theirs. to the taxpayer via benefits and healthcare and more people with financial awareness. Work started in September 2004 and initial Advice provision findings will be available from late 2005. 6.51 We have worked closely with both local authorities and voluntary sector Government Office representation organisations to ensure optimal linkages with Legal Services Commission-funded 6.48 Three DCA secondees are now advice providers, and to encourage them to 84 working in Government Offices across the maintain and improve their own services. country. The multidisciplinary approach of Working with several local authorities to Government Offices and their focus on develop local PSA targets based on an social exclusion make them an ideal means aspect of advice provision, we increased the of taking forward part of our legal aid focus on this area. agenda, ensuring that colleagues in other departments recognise the role of advice and the Community Legal Service in the Voluntary sector organisations regeneration of local communities. 6.52 Our voluntary and community sector liaison officer has opened up new channels Managing Lottery funding of communication with voluntary sector organisations, in order to better understand 6.49 We have supported a joint proposal and overcome the barriers they face. This with the Legal Services Commission and new relationship should also help simplify the Advice Services Alliance for a single the collection of future performance 6 Faster and more effective dispute resolution ‘advice’ funding stream, which was put to information. the board of the Big Lottery Fund in February 2005. The existing uncoordinated system of grants will be replaced by a planned and integrated programme that links into the work of other categories. This would, for the first time, allow lottery funding to be managed coherently, and ensure that advice projects are given due recognition within the funding process. civ S Target 6by2005/06. PSA achieve order to in do isworkto suggest thatthere 6.55 significant. isnotstatistically decline marginal LSRCreports thatthis although Target 6), forPSA (asdefined assistance receiving people numberof absolute inthe slight drop a problems hasbeen numberof inthe drop (andwelcome) effect ofthislarge The cent. by10per problems hasfallen justiciable numberof The significant increase. confirmsthatthisisastatistically LSRC andself-helpsources is included). internet from obtained assistance (43.7 percentif percentto36.0 from 32.4 risen has advicewassuccessfullyobtained which problems inrespect of of proportion that the andresults show August2004 and April between Needwasconducted Legal of 6.54 of2005/06. end per1,000bythe people this figure to34 Ourtargetistoraise law. priority areas of in assistance 1,000 were receiving suitable per people foundthat31 2001, which firstsurveyin baselinewassetbythe The exclusion. helpingtacklesocial services are andshowshowlegal family problems, and inrespect ofsocialwelfare need legal of 6.53 Need Legal Surveyof Periodic National h udmna ea i Review. Aid Legal Fundamental the and Service CommunityLegal Review ofthe Independent These reviews includethe provision. future development of inform the board to adviceservicesacross the of 6.56 advice and help legal affordable and Accessible h figures from thissecondsurvey The Survey Periodic National The second level This triennialsurveymeasures the eaecretyrveigteposition currently reviewing the are We emd during2005. made be implementedwill be review’s findingsare to 6.60 including: effectively, disputes more optionsforresolving hasconsidered and justicesystem issuesrelating tothe of range 6.59 taxpayer. mostefficient wayforthe inthe them deliver legalservicesand publicly-funded need outcomesforthosewho improve will proposals that developing with concerned hasbeen May2004, in announced 6.58 later in2005. forconsultation published be strategy will draft A managementprocess. performance statementand mission a provide Service,whichwill Community Legal firstfive-yearstrategyforthe develop the hasbeento itsmaintask and created, hasbeen Service, Community Legal ofthe head post, new A implemented. already been recommendations have itskey numberof a and 2004 April in Servicereported Community Legal 6.57 mrvn h deliveryofsocial welfare improving the • process forhandling streamlining the • ea n adviceservices. and legal cases lawchildren public ute noneet nhowthe Further announcementson a with concerned The review hasbeen Review, Aid Legal Fundamental The IndependentReviewofthe The 85 6 Faster and more effective dispute resolution We aim to renew the relationship between citizens and state. We want to encourage a culture in which people are aware of their rights, as well as the accompanying responsibilities, and are able to exercise those rights easily and with confidence. 7 Strengthening democracy, rights and responsibilities Our role 7.5 During that period, we: • established networks of freedom of 7.1 To achieve our aims, we are engaged in information practitioners, information a wide-ranging programme of work that lawyers, and communications directors includes: • published a guide to final steps towards • the full implementation of the Freedom implementation in association with the of Information Act 2000 National Audit Office and the Information Commissioner • improvements in the engagement between citizens and their democratic • produced extensive guidance on the institutions – for example, new methods application of procedures and of voting exemptions under the Act – to ensure that this complex piece of legislation, • actively embedding the principles on with multiple interfaces to other which the Human Rights Act 1998 is information access regimes, is based into the way that public services consistently and appropriately applied are delivered • finalised a liberal fees regime that is • carrying through the major reforms in also simple to administer the Constitutional Reform Act • initiated a significant programme to • taking forward the Government’s raise awareness of the new rights, 88 commitments on House of Lords including ministerial speeches, articles reform. and a dedicated FOI website: www.foi.gov.uk

• established a centre of expertise for Information rights central government on dealing with information requests. 7.2 The Freedom of Information Act 2000 7.6 In line with DCA’s broad responsibility came fully into force on 1 January 2005. for data-sharing issues across Government, The Act establishes a general statutory right we have developed a ‘Public Sector to see information held by public authorities Guarantee for Data Handling’ to help ensure or those providing services of a public nature. that public bodies share data in a way that enables better services to citizens while 7.3 The Act covers some 100,000 public properly respecting their privacy rights. bodies in England, Wales and Northern

responsibilities responsibilities Ireland, including schools, hospitals, 7 Strengthening rights and democracy, 7.7 We continue to keep the Data General Practitioner surgeries, local Protection regime under review to ensure government and central government, plus that it continues to be fit for purpose: non-devolved bodies operating in Scotland. properly balancing individuals’ rights to the privacy of their data with the need for 7.4 We lead on freedom of information organisations in both the public and private within Whitehall. We have taken a central sectors to make legitimate use of personal role in providing advice during the first few data for the benefit of individuals and months of implementation and have built on the work we did in preparing for implementation. society as a whole. We also play an active 7.12 New ways of voting – including all- role in European data protection matters, postal and electronic voting – were piloted working with both European Community at local government level between 2000 institutions and the Council of Europe to and 2003. We took this further in June 2004 ensure that the UK continues to have an with pilots of all-postal voting in four English influence on developing thinking in the regions at the combined European and local internationally important area of information elections. rights. 7.13 Despite some ballot paper production difficulties, local administrators and central Tribunal operations government worked effectively together with major stakeholders such as Royal Mail and 7.8 During 2004/05 the Tribunals Group the Electoral Commission to ensure the pilot established administrative support for the elections were successfully delivered. new work of the Information Tribunal. Turnout in the European elections was significantly higher than in 1999, more than 7.9 The Information Tribunal deals with doubling overall in the pilot regions. appeals against the decision of the Information Commissioner. Appeals are 7.14 The challenges encountered and made under the Data Protection Act 1998, lessons learned in delivering these large- Freedom of Information Act 2000, and scale pilots are being used to inform future National Security Appeals. The workload of innovations in voting methods, with the this Tribunal is expected to increase longer-term aim of an electronically-enabled significantly during 2005 from initial relatively General Election after 2008. low levels. This is due to the full 89 implementation of the Freedom of 7.15 In December we responded, jointly Information Act on 1 January 2005. with the Office of the Deputy Prime Minister, to the Electoral Commission’s Voting For Change and Delivering Democracy reports on the modernisation of electoral law. The response is available on our website: Democratic engagement www.dca.gov.uk/elections/pubs.htm.

7.10 DCA’s objective is to get more people 7.16 Government has a responsibility to involved in the electoral process. We are support people in accessing their working to: modernise electoral systems; democratic rights. Ensuring that people are provide choice in the way people are able registered to vote and aware of their rights to exercise their vote; and promote public and of how the electoral system works is involvement in democratic issues and central to this aim. To support this objective processes. we have started the Voters and Voting responsibilities

Insight Project to gain a greater 7 Strengthening rights and democracy, 7.11 DCA was responsible for renewing the understanding of the attitudes and statutory framework and organising funding motivations of the electorate towards the for the European Parliamentary elections in acts of registering and voting, to inform how June, which were combined with 169 we develop effective policies that reflect English and Welsh elections and with their experiences and expectations. This elections for the Greater London Authority. groundbreaking research will provide a solid evidence base for developing democratic engagement policies for a healthy democracy. 7.17 Finally, we oversaw the administrative Elimination of All Forms of Discrimination arrangements for the General Election in Against Women, the first time the United May 2005, when it was combined with Kingdom has accepted the right of county council elections in England. individual petition to the United Nations. In November 2004, DCA led the UK delegation for a potentially difficult examination by the United Nations Human rights Committee Against Torture. The Committee commended the quality and thoroughness of the UK’s presentation. 7.18 DCA is responsible for ensuring that public services protect and respect individuals’ human rights and incorporate key human rights principles into service delivery. Civil rights

7.19 DCA has an important role as 7.22 DCA is responsible for wide areas of ‘champion’ for human rights within the substantive civil law. This law defines Whitehall, and has this year conducted a citizens’ rights and responsibilities towards strategic review of the implementation of one another, and regulates fundamental the Act by Government departments, the transactions such as contracts and results of which will be made available conveyancing. One of the key principles in shortly. the Department’s strategy for more effective and proportionate dispute resolution is to 90 7.20 Following the publication of the White minimise people’s legal problems by Paper Fairness for All in May 2004, the ensuring that the framework of law is as fair, Government has announced that it will simple and clear as possible so that people legislate when Parliamentary time allows to can understand their rights and establish a Commission for Equality and responsibilities. Simpler law can also reduce Human Rights. This will for the first time burdens on citizens, businesses, taxpayers provide institutional support for the Human and the courts. Rights Act through its promotional work and guidance, as well as ensuring that a 7.23 We also sponsor the Law Commission co-ordinated approach is taken to work on (see Chapter 9) and have been working with human rights, equality and diversity, and it and Government departments on ways to good relations between communities in ensure that the law reform process is as Great Britain. Proposals were contained in effective as possible, and that reforms are the Equality Bill, which received its Second taken forward in a timely way to bring real Reading on 6 April 2005 under the last benefits to the public. As part of this we Parliament, and which was announced in completed in March this year the task of responsibilities responsibilities

7 Strengthening rights and democracy, the 2005 Queen’s Speech as part of the implementing the recommendations Government’s programme for the 2005/06 contained in the Report of the 2003 session. Quinquennial Review of the Law Commission. In particular, we have 7.21 In July 2004, the Government published a joint Government/Law concluded a DCA-led review of international Commission vision paper which sets out human rights treaties. Outcomes included how “the Law Commission and acceptance of the Convention on the Government can work together to deliver the benefits of clear, simple and modern Commonhold law”. An important element of this is the 7.26 Commonhold gives people occupying need for the Commission to have a well- buildings in multiple ownership, in particular balanced programme of law reform, and for those living in flats, a way to own the Government departments generally to be freehold of their property without the committed to taking forward consideration disadvantages associated with ‘flying of the Commission’s reports. The Law freeholds’ or long-term leases. The owners Commission submitted its draft 9th of a freehold property form a commonhold programme of law reform to the Lord association, which manages the property Chancellor on 14 January; the programme and owns the shared parts. The legislation as approved by the Lord Chancellor took came into force on 27 September 2004, effect from 1 April 2005. since when it has been possible to create commonholds. Work with key stakeholder representatives and experts will continue in Rights with responsibilities 2005 as the second phase of regulations is drafted. They will deal with issues such as Tackling the ‘compensation culture’ compulsory purchase, shared ownership 7.24 We have set out a range of initiatives leases and Islamic home finance. which we are taking forward to improve the compensation system and to implement recommendations made by the Better Regulation Task Force in its report Better Gender recognition Routes to Redress. The Government published its response to the Better 7.27 During 2004/05 the Tribunals Group Regulation Task Force in November 2004. 91 established administrative support for the Part of that work is to send a strong new work of the Gender Recognition Panel. message that with rights come This was established after the Gender responsibilities. We are tackling practices Recognition Act received its Royal Assent that encourage invalid claims and finding on 1 July 2004. The Act allows transexual ways to improve the effectiveness and people to be given legal recognition in their efficiency of the system for those with acquired gender. Cases will mainly be valid claims. decided on the basis of paper applications to the panel. It is estimated that 3,000 Payment of damages applications could be made in 2005/06 and 7.25 We included powers in the Courts Act 1,000 in 2006/07. After that, applications 2003 for the courts to order periodical are expected to drop to about 300 a year. payments instead of lump sums when an injured person is awarded damages for future loss and care costs. We believe that periodical payments are usually a much responsibilities better and fairer way of compensating those 7 Strengthening rights and democracy, facing long-term losses and care needs. These provisions were implemented on 1 April 2005. Reform of the constitution Constitutional Reform Act

Managing the constitution 7.30 The Constitutional Reform Act 2005 received Royal Assent on 24 March. Provisions include: 7.28 In addition to the areas mentioned above, DCA has a broad responsibility for • the creation of a Supreme Court for the key elements of the constitutional UK, so that the highest court in the settlement in the United Kingdom. Our work UK is demonstrably independent from is directed at enhancing the credibility and the legislature effectiveness of our public institutions. • reform of the office of Lord Chancellor, 7.29 This includes reform when required, as in so that a senior member of the Cabinet the case of the legislative changes we have is no longer also the Head of the been taking forward to clarify the separation Judiciary, and so that the Secretary of of constitutional powers. State and Lord Chancellor can focus on core departmental business and key public service delivery issues

92 responsibilities responsibilities 7 Strengthening rights and democracy, Commission will: 7.33 judiciary.htm. www.dca.gov.uk/consult/lcoffice/ at: isavailable and 2004 January in arrangements, waspublished newconstitutional ofthe operation on the and functions, Chancellor’s judiciary-related Lord relating tothetransferof Government’s proposals which setsoutthe ThisConcordat, set ofreforms iseffective. ensuringthatthis in crucial be continues to andtheseniorjudges, Justice Chief Lord Concordat withthe bythe affirmed judiciary, 7.32 isready. building operationwhenthe into come Kingdom,whichwill United for the Court Supreme modern a requirements of operational identifyingthe are Lords andwe Law developedwiththe being designs are Detailed MiddlesexGuildhall. Court isthe 7.31 aeeeyefr oattractqualified everyeffort to make • inrecruitment bestpractice utilise • astatutorydutyseekingto have • day-to-dayresponsibility for remove • appointmentssystem judicial makethe • Judicial a establishmentof the • independent an establishmentof the • ersne ntejudiciary. inthe represented groups thatare under- candidates from appointments applicants forjudicial of diversityintherange encourage discretion ministerial and reduce executive candidatesfrom the selecting efficient more and open more Ombudsman. Conduct Appointments and AppointmentsCommission Judicial h uiilAppointments Judicial The engagementofthe constructive The Supreme for the preferred site The oc on7June2005. into force came Act The policythinking. detailed ofthe much andsupported system, inquiries madetothe be revisions to for Government’s viewthatitwastime confirmedthe ofwhich outcome July2004,the Mayand between exercise consultation a following November2004 25 7.36 inquiries. costofsome the about concern is growing andthere identified been have legislation existing Shortcomingsin services. insystemsor apparent failing and disease outbreaks of prevented, been have should deathswhich asaccidents, such concern public caused mattersthathave into byMinisters independent inquiriessetup formal effectiveness of reviewing the hasbeen departments, Government 7.35 Inquiries Conduct Ombudsmanwill: 7.34 osdrcmlit rmeitherthe considercomplaintsfrom • candidates complaintsfrom with deal • uiilconductcomplaintsprocess. judicial ofthe handling aboutthe complaint) a isthesubjectof judiciary who memberofthe complainant (ora appointment forjudicial their application of handling are unhappywiththe who h nure ilwsitoue on InquiriesBillwasintroduced The other conjunctionwith in DCA, Appointmentsand Judicial The

7 Strengthening democracy, rights and 93 responsibilities 7.37 The Inquiries Act is UK-wide and gives and the Isle of Man). At a strategic level this Ministers a single statutory framework for has involved issues concerning financial future inquiries. It provides suitable powers regulation, human rights, crown to establish the facts quickly, effectively and appointments, and UK domestic and insular at reasonable cost, thus promoting public legislation. At an administrative level, DCA confidence in the processes, conclusions continues to process insular legislation and any recommendations. The Act through the Privy Council for the grant of replaces the Tribunals of Inquiry (Evidence) Royal Assent, and provides advice to the Act 1921 and some powers in subject- islands on a range of UK departmental specific legislation, such as police and health. business.

Devolution Royal, church, hereditary and ceremonial matters 7.38 As with information rights, human rights and democratic engagement, DCA 7.41 DCA has continued to provide advice has a continuing role in delivering the 94 on a wide range of royal and ceremonial outcomes of the overall UK devolution matters, liaising with a number of different settlements. constitutional bodies including Buckingham Palace, the Church of England, and 7.39 DCA provides the Secretariat to the Government departments. The Joint Ministerial Committee and (with Government’s response to the Public colleagues from the Irish Government) to Administration Select Committee’s report on the British-Irish Council. DCA provides the Royal Prerogative was published in July advice on multilateral devolution policy and 2004. A roll of the peerage has been practice, through its stewardship of the established and first claims have been Memorandum of Understanding and received. DCA has continued to process Devolution Guidance Notes. DCA also has a warrants of appointment, and to consider key education and awareness-raising role requests for the use of the title “Royal” and around Whitehall and the Devolved royal names, arms and emblems. Administrations to promote best practice in dealing with devolution issues. responsibilities responsibilities 7 Strengthening rights and democracy, European policy and EU Crown dependencies constitution

7.40 Throughout the year DCA has 7.42 We aim to participate constructively managed the constitutional relationship in Europe on the basis of the Government’s between the United Kingdom and the position on issues in the justice and home Crown Dependencies (Jersey, Guernsey affairs agenda. This includes: • clarifying where the European Union Rights and democracy matters most, and can most effectively add value, to citizens and businesses, overseas and seeking to focus European Union policy there 7.43 DCA has continued to pursue its commitment to strengthening rights and • becoming a powerful influence in the democracy overseas. Training projects with EU, promoting appropriate collective the Chinese Ministry of Justice and action where it is needed but challenging Supreme People’s Court were continued, unnecessary harmonisation of law as were institution-building projects in new European Union member states. Study • ensuring effective and appropriate visits from judges and ministry of justice treaty language for civil law, family officials from all over the world have taken policy and human rights issues that place. helps drive progress whilst at the same time promoting subsidiarity and proportionality, thus protecting against inappropriate EU action A strong, independent 95 • influencing the future direction and and diverse judiciary work of the EU by preparing for and contributing actively to the United Role of the judiciary Kingdom Presidency in 2005 7.44 DCA continues to work closely and • working alongside the Foreign and effectively with the judiciary, recognising it Commonwealth Office on the as a key partner in delivering improvements Government’s approach to the to the justice system. The Department European Constitution. As part of this values the expertise and experience that the work, DCA will be involved in the Bill judiciary provides, and is working hard to that will be introduced to give effect to improve the methods by which it engages the Constitutional Treaty for the with judicial office-holders at all levels. European Union and on the paving legislation for a referendum 7.45 Building on the Concordat agreed

between the Lord Chancellor and Lord responsibilities

• taking a constructive departmental role Chief Justice in January 2004, the judiciary 7 Strengthening rights and democracy, in relation to the wider Europe, working is now represented on the DCA Ministerial with the Council of Europe and engaging Executive Board and Her Majesty’s Courts with countries of strategic importance, Service Board. The participation of the such as future EU Accession States Deputy Chief Justice and Senior Presiding and those bordering Russia. Judge respectively on these two key bodies signifies the importance DCA attaches to its relationship with the judiciary and the commitment of the judiciary to helping the Department take forward its delivery agenda. The text of the Concordat may be found at the Constitution section of the DCA website at www.dca.gov.uk. 7.46 These arrangements are mirrored at • A pilot of appraisal for Recorders is lower levels, with increasing numbers of being taken forward on the Northern judicial office-holders sitting on Circuit. Departmental programme and project boards, working groups and other bodies, • Assessment Centres provide covering a very wide range of initiatives. The significantly more information about a judiciary, through the Judges’ Council, is candidate’s abilities than an interview also increasingly providing a representative alone. Following their successful use for response to consultations and other all Deputy District Judge competitions, developments. assessment centres were piloted in March 2005 for Recorders on the 7.47 Guidance has been provided to all Western Circuit. DCA staff to help them to work as effectively as possible with the judiciary. The • In August 2004, the Lord Chancellor Department is also working with the senior appointed a new pool of lay judiciary to ensure that they will have the interviewers to refresh the existing pool resources necessary to fulfil their functions whose contracts were coming to an following successful passage of the end. The new panel of interviewers is 96 Constitutional Reform Act 2005. more diverse than the panel replaced, with 14 per cent coming from black and minority ethnic communities, and A diverse judiciary all have significant experience of recruitment at senior levels. 7.48 The Department continues to implement a programme of reform to the 7.49 Key appointments made during the judicial appointments process. The changes year were as follows: aim to increase public and stakeholder confidence in the appointments process • one appointment to the Court of and to increase the diversity of the judiciary Appeal from the Queen’s Bench without jeopardising the key principle of Division appointment solely on merit. In particular, a number of significant reforms have been • nine appointments to the High Court, taken forward: including the first female minority ethnic High Court Judge (Mrs Justice Dobbs responsibilities responsibilities

7 Strengthening rights and democracy, • A new generic competence framework, DBE). adjusted for each level of competition, now forms the basis of all judicial 7.50 Principal activities for Circuit Judge selection. and District Judge appointments in 2004/05 included: • New arrangements have been implemented for Circuit Bench and • continuing the rolling programme of Recorder appointments, which appointments for judges ready to sit in streamline consultation with the 2004/05 on the Circuit Bench judiciary. nationally, along with a similar programme for the appointment of Recorders • running competitions for a number of • In 2001 the Department introduced a specialist and senior Circuit Judge limited scheme of salaried part-time appointments working for new judicial appointments at District Judge (civil) and Tribunal • running national competitions for the Judge level. A working group was appointment of District Judges (civil) established to consider how far the and starting a competition for District scheme could be extended, and this Judges (magistrates’ courts) reported to the Lord Chancellor in June 2004. The working group’s • running two sets of assessment centres recommendations were accepted and for the appointment of Deputy District the Department announced in August Judges (civil and magistrates’ courts). that from 1 April 2005 all new and existing salaried appointments below 7.51 Full details and statistics of all the level of the High Court would be appointments will be available in the Judicial suitable for part-time sitting unless the Appointments Annual Report to be nature of the office or business needs published later this year, and also at dictated otherwise. Guidance has been www.dca.gov.uk. drafted which supports the introduction of the expanded scheme. 97 7.52 A major component of our work to improve the diversity of the judiciary is the 7.53 The table below illustrates the steady creation of an independent Judicial increase in appointments of female and Appointments Commission (see above). In minority ethnic judicial officers since 2004/05 we undertook a number of other 1998/99, when the Lord Chancellor activities related to judicial appointment and published his first Annual Report on Judicial diversity, which included the following: Appointments.

• The Department has organised or attended various events (often in liaison with the legal profession) to provide information and demystify the appointments process. Other events were held to encourage applications for specific competitions, and these were responsibilities

well received by those who attended. 7 Strengthening rights and democracy, The Department continued to be represented on the organising committees for the Woman Lawyer Forum and the Minority Lawyers’ Conference, both of which held major conferences in Spring 2005. 98 7 Strengthening democracy, rights and responsibilities Division) Family (including District Judge Recorder intraining Recorder Circuit Judge CourtJudge High Appeal of Justice Lord Chancellor) Lord (excludingthe Division of Head Ordinary in Appeal of Lord Position % of total of % Total (magistrates’ courts) Deputy DistrictJudge (magistrates’ courts) District Judge FamilyDivision) (including Deputy DistrictJudge hw ntetbebelow. inthetable shown is March 2005 postat31 officers in judicial 7.54 officer appointments judicial 1998/99 minorityethnic since and female of Percentage Minority ethnic Female h edradehi akrudof background ethnic genderand The 3731 1358 Total 100 168 128 823 433 643 108 17 37 12 4 1998/99 3108 1172 83.3 Gender 130 101 620 349 576 13 98 35 11 M 3 5.4 24 16.7 623 203 186 38 27 84 67 10 F 2 1 1 4 1999/2000 White 3409 1244 91.4 151 122 748 393 593 34 15 96 4 9 4.2 27 Mixed 0.8 28 12 2000/01 1 1 8 3 2 1 Asian 6.9 28 1.3 47 23 5 3 8 5 1 2 Ethnicity Black 2001/02 1.2 43 15 23 3 2 7.8 34 Chinese 0.1 2002/03 5 1 1 3 Other 8.9 31 0.6 24 12 1 4 1 5 1 Unknown 2003/04 14.71 175 4.7 33 39 31 41 39 10 6 2 1 3 3 judiciary/responsecp25-04.pdf. atwww.dca.gov.uk/consult/ found be Asummaryofresponses can received. 101responses were and January2005, 21 7.58 future. in the diversity judicial monitoring profession; and legal ofthe practices;therole working judicial appointmentsprocess: judge; the a communication strategies;becoming and information improving areas: onsixkey paperfocused The consultation merit. on made be continue to emphasising thatappointmentsmust improved, while diversity mightbe how commentson paperthen sought viewsand The diversity. barriersto and of issues analyse papersoughtto nation, the diversityofthe judiciary shouldreflect the 7.57 avideo. and Wales and 12 roadshows across England byaseriesof consultation wassupported The consult/judiciary/diversitycp25-04.htm). (www.dca.gov.uk/ 13 October2004 Judiciary Diversity inthe paper, consultation ranging stakeholders overthesummerawide- 7.56 Bar. ofthe Chairman and Law Society The President of and the serving Justice) Chief Lord bythe nominated forDiversity, Judge (SeniorLiaison Hallett, MrsJustice memberswere and whose andsubsequentlyBaroness Ashton), Filkin, Minister(originallyLord DCA bya chaired group, byaseniorsteering was overseen This judiciary. diversityofthe increasing the co-ordinated strategyfor a development of 7.55 h oslainpro lsdon closed period consultation The premise that the from the Beginning key meetingswith Following majorpriorityfor2004/05wasthe A a ulse on , waspublished Increasing at www.dca.gov.uk/speeches/2005. beseen can Chancellor’s speech Lord The key areas are: The London. in Conference Lawyer Forum Woman atthe March 2005 5 on consultation Government’s response tothe 7.59 cieyecuaigmr peopleto more activelyencouraging • mentoring a establishing of feasibility • flexibleworking of expansion • ofwhetherjudgesbelow consideration • current eligibility a review of • pl ob judges. be apply to judges forsalaried scheme career breaks include judiciary, to arrangements forthe practice return to allowedto be Courtshould High the made be appointmentcan forjudicial application an before mustbeserved time which of length andthe qualifications required intermsofthe both requirements, h odChancelloroutlinedthe Lord The

7 Strengthening democracy, rights and 99 responsibilities 100 7 Strengthening democracy, rights and responsibilities employers. magistracyamong support forthe awareness and toraise campaign by a and material, 2005/06 bynewadvertising in besupported andthisisto recruitment, local forincreased guidance provided 2005, Paper Implementation RecruitmentStrategy: Magistrates National The applicants. diverse, more and additional, encourage magistracyand the of profile beusedtoraisethe materials to advertising of arange developed have and campaign, busadvertising a regional continued also have We collection. data and ofresearch programme extensive an Departmenthasconducted 2003, the October in launched Recruitment Strategy, 7.61 percent. 8.7 Lancaster)was Duchyof (including the backgrounds in2004 minority ethnic and black from of magistrates appointed percentage The Wales. and of England population minorityethnic and percentof black 8 the of percentage overall an with Thisiscompared percentin2003/04. 6.4 percentin2002/03and 2001/02 to6.1 5.6percentin from hasrisen Lancaster) of Duchy post(excludingthe backgrounds in minorityethnic magistrates from of percentage The December2004. 31 monthsto nine magistratesinthe 1,027 7.60 spr fteMagistratesNational As partofthe Chancellorappointed Lord The ulse nMarch in published , tribunals concerned. particular needsofthe according tothe oftribunals awiderange lay membersto otherprofessionals and doctors, appointed 7.63 appealssystem. immigration and asylum newunified Judges forthe SeniorImmigration Judgesand Immigration Designated Judges, Immigration appointed hasalso he Act 2004, Claimantsetc) (Treatment of Immigration and Asylum Assentforthe Royal Following healthreview tribunals. mental employmentand including of tribunals, arange membersto legally qualifiedtribunal 7.62 Tribunals appointments hc eepse nteDCAwebsite. on the posted which were astakeholderseminar, theresults of held and forum, discussion internet an hosted available, of the response questionnaire onlineversion an made also we internet, onthe copyand hard paperin consultation a aspublishing aswell Therefore, public. general membersofthe butalso of etc), media, lawyers, judiciary, (the the viewsnotonlyofstakeholdergroups ensure thatwereceived was importantto it issue, high-profile and complex, sensitive Forthis courtproceedings. of radio or bytelevision broadcasting prevents the legislationthatcurrently made tothe be ofwhetheranychangeshould issue the 7.64 cases court Broadcasting nadto,teLr Chancellor has Lord addition,the In Chancellorhasappointed Lord The C a are u oslainon consultation outa hascarried DCA 7 Strengthening democracy, rights and 101 responsibilities We have created Her Majesty’s Courts Service, a new executive agency, to bring together all criminal, civil and family courts within England and Wales into a single unified administration, supporting the work of the independent judiciary. 8 Delivering for the public DCA’s strategy consumers, and consumers’ experience of the criminal justice system. It has also been 2004–2009 co-ordinating development of the DCA Education, Information and Advice Strategy. 8.1 In December 2004, we issued a key strategy paper, Delivering justice, rights and democracy: DCA strategy 2004–09. This sets out our vision of how DCA should Spending Review 2004 develop over the next five to ten years. It also provides the overall context for the 8.5 Announced in July 2004, the Spending Department’s activity during the Spending Review 2004 reinforced the Government’s Review 2004 period and beyond. commitment to support an ambitious programme of reform across all parts of the 8.2 Our analysis of the external environment criminal justice system. DCA’s baseline defining the need for DCA services drew (including provision for legal aid) will rise by four main conclusions: 1.8 per cent annually in real terms compared with 2004/05, taking its budget • overall demand for the services for to over £3.8 billion in 2007/08. The which DCA is responsible will generally settlement will enable the Department to remain high and is set to increase in continue delivering an efficient and effective some areas justice system, which supports the rights and needs of victims, witnesses and • levels of public confidence in defendants and those who use our government, the state and the justice 104 tribunals. It will also enable delivery of the system are not as high as we would like Government’s key constitutional priorities, including electoral reform and creation of • current services must focus better on the Supreme Court. the needs of the public and communities

• DCA needs to change significantly in Efficiency order to meet these challenges, in terms of its capability, culture and skills. 8.6 A major theme of the Spending Review 2004 across government was the need for 8.3 The key priorities for the DCA, as a step change in efficiency, enabling outlined in the previous five chapters of this resources to be focused on front-line annual report, are those areas where we service delivery. All departments will judge that improvements will have the contribute to meeting the Government’s biggest impact on the public. programme to achieve at least £20 billion in annual efficiency gains across the public

8 Delivering for the public 8.4 The strategy is informed by the sector by 2007/08. By the end of the outcomes of the initial phase of our Spending Review 2004 period, DCA’s Consumer Strategy Review described in the contribution will have amounted to £292 Departmental Report 2003/04.Inorder to million. The main elements being: help deliver the commitment to putting the public at the centre of DCA policy and • Legal aid – £173 million services, the Consumer Strategy team, which will form the core of the Department’s • Cross criminal justice system – enhanced strategy capability as a result of £50 million the reshaping of the centre of DCA, has been carrying out further work in a number of areas in 2004/05, including voters and voting, black and minority ethnic finitiativesincluding: of combination a achievedthrough be current plans, on efficiencies will, The 42areas. of the each plansin local efficiencies through of delivery forward the efficiency group totake an hasestablished Majesty’s CourtsService Her Forexample, above. areas detailed business individual forward withinthe taken isbeing and DCA momentum withinthe 8.7 oecs-fetv procurement of cost-effective more • of duplication of elimination • as functions,such of integration • efficient managementofthe more • managementstructure, streamlining • – DCA of centre Re-shapingthe • million Procurement –£25 • – (HMCS) HerMajesty’s CourtsService • h Efficiency Reviewisgathering The waste. of elimination goods andservices technology services information and finance resources, human delivery of approach tothe forinstanceunified administration, level merger forsupportfunctionsatarea offender contactdetails);and list of common efficiency (e.g. increase and costs informationtoreduce of pooling courtbusiness(listing); management of estatesstrategy new a implementing progressively and buildings, common magistrates’courtsinto and county of consolidation through the forinstance facilities, and estate organisation effectiveness ofthe thus improving the and front-line communications tothe financialsavings,shortening achieving million £9 million £31 fiinysvnsadbenefits. efficiency savingsand delivering and plansfor securing firm determining initiativesand more arenas in identifying justice cross criminal and aid legal inthe continue Additionally, workwill courts. inthe plans forbusinesstransformation drawingupon HMCS efficiencies within ambitious proposals fordelivering more developmentof focus onthe 8.11 1,100staff. of 2007/08 byMarch overallreduction an equates to ForDCA,this departments. across all efficient deploymentofworkforces more 8.10 (VHCCCs). Cases of CostCriminal bettercontrol costs forVery High and help, legal of allocation efficiency inthe improving streamlining, improvements in current plansinclude and deliverefficiencies, identifyinitiativesto to 8.9 including: initiatives of combination a through delivered be Efficiencies will system. ourefficiency withinthe drive Reform to Justice forCriminal Office and withthe justicesystem criminal partners across the 8.8 Xhibit–reducing staff timetakento • –reducing justice no Nowitness, • discontinuance –reducing Charging • h ea i oktemiscontinuing aidworkstream legal The its isworkingwith DCA Additionally, osqeta impactonthroughput. consequential andthe and unnecessaryadjournments office tasks back of arange perform of witnessissues crackedtrialsasaresult and ineffective rates conviction guiltypleasand increasing ineffective trialsand rates and uigtenext6–12months,workwill During the isthe programme aspectofthe One 105 8 Delivering for the public Relocation Better regulation 8.12 Consistent with the recommendations of the Lyons review of public sector Regulatory Impact Assessments relocation published in 2004, the Department is to locate new functions Overall level of compliance with Cabinet outside London and the South East of Office guidance England whenever it makes good business 8.13 During the course of 2004, the sense. We therefore plan to locate the Department has fully complied with Cabinet regional centre for the new Judicial Office guidance. Whenever appropriate, Appointments Commission and the HQ of partial Regulatory Impact Assessments have the new Tribunals Agency outside those accompanied consultation documents. areas. We expect these to comprise 200 Consultation documents published without posts in total. No decisions have yet been Regulatory Impact Assessments either did taken as to where they will be located. not require them because of the nature of the proposal being consulted on or were scoping documents. In both instances, decisions were discussed and agreed in advance with the Cabinet Office.

106 8 Delivering for the public Plans to improve Regulatory Impact Effective Regulatory Impact Assessment quality Assessment use 8.14 Following successful training seminars 8.16 An example of a Regulatory Impact held in 2003, a further seminar was held for Assessment that had a positive impact on policy-makers in November 2004 to explain the formulation of policy is the final recent developments on the Better Regulatory Impact Assessment on Regulation agenda. The seminar was jointly ‘Increases in Civil Court fees to recover presented with the Cabinet Office, the Small costs incurred by the Court Service’ Business Service and the Office of Fair www.courtservice.gov.uk/docs/using_courts Trading. The main focus of the seminar was /fees/ria-1204.pdf. This Regulatory Impact on the widening of the scope of the Assessment outlines how some of the Regulatory Impact Assessment to take in proposed fee increases would not be further impacts such as race equality and implemented because of specific concerns sustainable development. raised by stakeholders during the original consultation. 8.15 Following the seminar, it was agreed with the Cabinet Office that smaller workshops would be arranged to allow Alternatives to classic regulation policy-makers to consider a worked example and explore in detail the issues 8.17 DCA, the Department of Trade and that should be considered as a Regulatory Industry and the Department for Education Impact Assessment is developed. Three and Skills jointly published a Green Paper, workshops were subsequently held during

107 8 Delivering for the public

March and April 2005 with policy-makers Parental separation: children’s needs and who had varying degrees of experience in parents’ responsibilities, in July 2004. It dealing with Regulatory Impact outlined proposals to reform the way the Assessments. It was found to be an family law system deals with contact cases effective and practical way to communicate and to support parents and children. The the essential issues that need to be proposals were aimed at helping separating considered when preparing Regulatory Impact Assessments. parents to make arrangements in the consultation exercise. The results of the interests of their child. To help parents more discussion forum will be analysed to see effectively reach these agreements, the what learning points it offers as the proposals are intended to provide improved Department moves to adopting different access to information, advice and mediation and more innovative approaches to at the time of separation. For those who do consultation in the future. ask the courts to decide on arrangements for their children, we intend to improve the legal processes and service delivery. Regulatory reform

8.18 After consultation on these proposals 8.22 No major regulatory reform measures we published the Next Steps report on or Regulatory Reform Orders were delivered 18 January 2005, setting out plans to take during the year; however, the Department’s forward the proposals published in the first Regulatory Reform Order has cleared all earlier Green Paper and new measures that Parliamentary stages and will come into emerged from the consultation exercise. force later this year. Although not concerned with regulatory reform in the strictest sense, the Statute Law (Repeals) Act 2004 was Consultation also passed during the year.

8.19 During the year, 32 consultations were 8.23 No new proposals for Regulatory initiated, of which 19 lasted for 12 weeks or Reform Orders have been identified during longer. Of the 13 limited consultations the year, in part because of continuing authorised by the appropriate DCA Minister, problems with the scope of the Regulatory 108 12 contained an explicit reference to the Reform Act as it affects proposals that ministerial authorisation and all 13 set out come within the Department’s area of reasons why a limited consultation was responsibility. In order to try to address appropriate for the particular topic on which these difficulties, the Department has views were being sought. initiated discussions with the Cabinet Office about how the Act might be revised. The 8.20 Limited consultations were conducted Department has also been in discussion rather than full public consultations for a with the Cabinet Office about whether other number of reasons, the most common of procedures might be adopted to allow which were that the subject was highly smoother implementation of reform specialised or technical, or that there was a measures within its areas of responsibility. small number of clearly identifiable stakeholders who were involved in the 8.24 The major regulatory reform measure development of the policy or proposal. identified during the year and on which work continues is the Government’s response to 8.21 As an example of best practice, the Clementi Review. The report of the

8 Delivering for the public towards the end of the year, the Department review, which makes recommendations consulted on whether court proceedings about the reform of the regulatory should be broadcast. The consultation was framework for legal services in England and designed to elicit the widest possible range Wales, was delivered in December 2004. of views on what is a sensitive and The Government has broadly accepted the controversial topic, and to assist in findings of the review and will publish a achieving this objective an online discussion White Paper in autumn 2005, with forum was run alongside the conventional legislation to follow. We will set the 8.26 sunset clauses Examples ofregulations with Government’s overallresponse. elementofthe asan dealtwith probably be forward underthisproposal will taken anymeasures itmighthave because RRO notproceed withthisparticular that itwill Departmenthasnowdecided The Review. Clementi Government’s response tothe ofthe comewithinthescope likely to asthesubjectwas in2004 hold was puton solicitors’ professional regulationconcerning Order (RRO) RegulatoryReform identified previously One during2004. dropped been have identified previously been have 8.25 ways. new in provided be for legalservicesto itpossible make and bodies– professional andthe Complaints, forLegal new Office and ServicesBoard) Legal regulator (the oversight new a including theroles of – parameters oftheregulatory framework r urnl en considered. currently being are hisrecommendations and of2004 end the at SirDavid’s report waspublished Wales. and England forlegalservicesin framework independent review oftheregulatory Clementi’s SirDavid the response to 8.27 nextyear within the regulations orregulatory areas Commitments toreview specific aitae’Cut,Egadand England Magistrates’Courts, • Fines(Pilot Schemes) of Collection The • 04(ne 1March 2005). (ended31 2004 Fines The Wales: March 2005) (ended31 Order 2004 w xmlsfo 04are: examplesfrom 2004 Two measures that No regulatory reform h ao rao ciiywl concern activitywill of majorarea The Cleto Regulations Collection key elements: following onthe progress byconcentrating 8.33 development. continued forour on concentrate now needto areas we identifiedthe and Agenda Change 8.32 leadership. communications and planning; stakeholdermanagement;and delivery (efficiency); consumerstrategy;PSA audit corporate areas: following the 8.31 DCA. forthe Falconer’s manifesto Lord State deliverSecretary of with thisfocusandto assist Agenda)to Change (the programme 8.30 public. needsofthe around the services designed effective efficient and more develop is to focus DCA’s main agenda. ambitious reform deliveritscommitmentsand better ableto itis ensure capabilityto its capacityand 8.29 agenda Change orprocess. method alternative optional an providing mandatory, permissive ratherthan laware civil proposals on Most European legislation. European a significantamountof 8.28 legislation plans forEuropean implementation Transparency of eieigcmimnswihhave commitmentswhich delivering • 04periods 2004 Review Spending Review 2002and Spending Agreement forthe Service Manifesto/5-Year Strategy DCA inthe defined been n20/6 C ilbidonthis build DCAwill In 2005/06, June2004,wereviewed the In on concentrated Agenda Change The change a launched DCA May2003, In andstrengthening isdeveloping DCA for Departmentisnotresponsible The n Public and 109 8 Delivering for the public • ensuring that DCA business is delivered 8.36 Sir Ron De Witt has been appointed in the most efficient and cost-effective the first Chief Executive. He has recruited a ways and that the DCA is living within new management team, responsible for its means setting and managing a challenging strategy and performance framework. The agency • ensuring that the DCA is positioned to has a strong local focus with seven regional deliver a service which is based on the and 42 area directors, responsible for the current and future needs of its administration of all courts within their customers, the public and stakeholders geographical areas. All of the directors are now in place and have been working closely • ensuring that DCA continues to with the existing organisations to ensure develop its capability to deliver its continuity of service and the successful business and commitments. migration of staff and responsibilities into Her Majesty’s Courts Service.

8.37 Her Majesty’s Courts Service will work Courts and tribunals with and be supported by 42 new local Courts Boards, which have been operative modernisation since October 2004 in shadow form. These boards will ensure that the new organisation Her Majesty’s Courts Service has a strong focus on the needs of court users and the local community they serve. 8.34 Lord Justice Auld’s review of the The boards have already provided a criminal courts in 2002 paved the way for valuable contribution to the creation of 110 the Department to create Her Majesty’s business plans for Her Majesty’s Courts Courts Service as a new executive agency. Service in readiness for the first formal year The new organisation, comprising over of operation. 20,000 staff and working with 30,000 judges and magistrates in over 600 8.38 The successful migration of staff, and locations, brings together all criminal (both retention of their skills and knowledge, from Crown and magistrates’), civil and family both the Court Service and the 42 local courts within England and Wales into a Magistrates’ Courts Committees has been a single unified administration, supporting the substantial undertaking and is a key driver work of the independent judiciary. The to the success of the new agency. agency came into operation on 1 April 2005.

8.35 This is the largest and most challenging change programme undertaken by the Department, and one of the largest

8 Delivering for the public within Government. The work of the programme has affected all areas of the Department to support the demands of an operational arm that has doubled in size. Throughout this transition period, the Department has continued to maintain and improve performance whilst ensuring minimal disruption to customers. upre bya‘virtual’management team supported isbeing He newservice. ofthe designate Executive postasChief Handcock tookup Peter December2004 in and iswell underway, Planning April2006. in launched be asefficiencies forthetaxpayer, will as well improvements inservicestotribunalusers 8.43 asappropriate. jointheservice also tribunalswill government smaller central Other departments. current sponsoring Tribunals, whichwilltransferfrom their Review Health Mental andthe Service Appeals AppealsPanel, the Compensation Injuries Criminal for England,the DisabilityTribunal Needsand Educational Special Employment Tribunals Service,the bythe joined be current tribunalswill 8.42 tribunals. government largestcentral administrative supporttothe common provide DCA,whichwill in agency Tribunals Service asingle of creation tribunals complaints,redressand public services: Paper White published the 8.41 Programme Tribunals Service service. our attheveryheartof and places people justicesystem criminal and civil the in confidence public inspire court service thatwill innovative and effective modern, of deliverthesort Majesty’s CourtsServiceto allowHer establishedthatwill now been 8.40 formoney. increased value forcourtusersand improved service into isexpectedtotranslate sectors, other organisationsand across existing from gleaned bestpractice and innovative 8.39 h e gny hc ildeliverreal newagency, whichwill The DCA’s Between 2006and2008, Government July2004,the In has base forward-looking A strong, of introduction At thesametime, hc e u ealdplansforthe which setoutdetailed Transforming headquarters. forDCA recruitment activityundertaken external of maintaintheratio target ifwe meetthe continueto confident thatwewill are butwe for HerMajesty’s CourtsService, ofrecruitment activity level bythe distorted been have Figures for2004/05 cent. per 52.85 financialyearto in the2004/05 increased significantly externally advertised posts numberof has meantthatthe appropriate) notbe grounds whythiswould business are competition unlessthere byopen filled be presumption thatjobswill (andthe January2004 in agreed to filling approach tovacancy mixed However, the externally. advertised our vacancieswere only22percentof In2003/04, competition. Servicevacanciesbyexternal Senior Civil atleast50percentof fill wide targetto isaservice- There Service. SeniorCivil the 8.45 Servicerecruitment Senior Civil Human resources evc.Teassessmentcentres were The Service. SeniorCivil membersof the existing 88 assessmentcentres for of programme 8.46 development Service Senior Civil eteestates. centre ofthevarioustribunals’hearing better use formaking ascheme piloting including of2006, improved servicestousersahead opportunitiesfordelivering exploring isalso Programme Tribunals Service the 8.44 Tribunals Service. initiallyconstitutethe tribunals thatwill comprising theseniormanagersof hr r urnl 4 membersof currently 148 are There nJnay20 ecmltda completed January2004we In swl scetn h newagency, ascreating the As well 111 8 Delivering for the public designed specifically for the DCA and Professional Skills for Government tested 12 key leadership behaviours. The same exercises have been used in Senior 8.50 Professional Skills for Government is a Civil Service selection since January 2004. programme of action agreed by the Civil Service Management Board to ensure that 8.47 The Departmental Management Board the Civil Service has the right skills in all is playing an active role in ensuring that the areas and at all levels to deliver its priorities outcomes of the Assessment Centre effectively. The programme will establish programme are followed through and that clearer career paths for civil servants within the development needs identified are the three delivery strands of policy delivery, addressed both corporately and by operational delivery and corporate services individuals. All members of the Senior Civil delivery. It will therefore enable civil servants Service now have an individual development to identify their skills needs in order to plan that seeks to both build on strengths progress and develop their careers as and improve weaker areas of performance. professionals in their fields, building on the Progress against the plans will be monitored professionalism and expertise for which the through active performance management, Civil Service is already renowned. Ian by both directors and directors general. To Magee, Chief Executive Operations and support them in doing so, the High Second Permanent Secretary, has been Performance Coaching Programme was invited to take the lead as Professional extended to include all directors and Head of the operational delivery specialism, focused on developing performance co-ordinating professional development for management skills. this skill area across the Civil Service.

112 8.48 To meet the demands of individual 8.51 Within the DCA, Professional Skills for development plans, and build on the Government will be a key enabler of our leadership development already provided, 5-Year Strategy. Its successful we are expanding the suite of development implementation will ensure that everyone in options available to the Senior Civil Service. DCA is developing the skills they need to In July 2004, we piloted Performance deliver policies and services that meet the Management Masterclasses with emphasis needs of our customers. The programme on coaching and giving feedback and, in will build upon the work underway to November 2004, launched the Senior Civil develop strong leadership capability and to Service website, which includes access to reinforce customer focus across the career management tools. Future work will Department, enabling DCA to achieve the be developed in line with the Professional challenging targets it has set. Skills for Government initiative.

8.49 The objective of the development activities is to fully embed a culture of

8 Delivering for the public leadership in the DCA, so that it is regarded as part and parcel of all senior managers’ jobs. We will continue to monitor progress in this area through focused questions in Staff Opinion Surveys. 0percentsetfor2008. 30 CabinetOffice targetof bywomen, exceeding the filled are DCA postsin such percent of April2005,34.4 Asof cent). per 26.7 percent(againstatargetof25 DCA inthe percentand and above) was24.4 director level (i.e. Service Civil the managementpostsacross intop women 8.55 37percent). Office’s April2008target(of Cabinet fallsshortofthe butstill (to35.2 per cent) hasrisen DCA inthe Service Civil Senior inthe ofwomen percentage overall April2005,the Asof percent). target of35 percent(againsta DCA28.9 andthe cent, per posts was27.8 Service Senior Civil in ofwomen percentage ofthe average 8.54 Gender Service SeniorCivil Diversity inthe legislation. diversity compliancewith policy; and clients;developing ourcommunitiesand to leadership;deliveringservices and potential fourprojects: staff of portfolio a with diversityprogramme delivered through the isbeing Thework implementation. of stage progressed tothe and hasevolved and deliverprogress, objectivesto plans and measurable into hasbeenturned agenda DCA’s diversity deliveringthe approach to more strategic a review forcreating 8.53 Resources Directorate. Human conjunctionwiththe in being updated 8.52 Diversity workforce diverse a Developing so pi 04 h ecnaeof percentage April2004,the As of April2004,theservice-wide As of diversity The recommendations ofthe currently Our diversitytargetsare edrgae n h faststream. feeder gradesandthe boththe groups minority in in talented staff on bring actionto positive need totake also But we minoritygroups. appeals to is keptunderreview sothatit literature fairand that therecruitment practicesare ensure and ourdiversitystatistics, improve continueto are to recruitment activityifwe 8.59 percentare women. 57.4 and origin minorityethnic percentof 8.5 staff, percentdisabled 6.4 include cadre stream current fast The 47 percentwere women. and origin minorityethnic of 9 were and forSpans8 development programme attendedthe centofthestaff per who 5 Over positive. go,thesignsare to isstillsomeway maintain Whilethere can current trends. ifwe meetthem ableto be will earlysignssuggestwe challenges butthe 8.58 cent. per 4 the 2008targetof compared with percent, increased to2.74 had origin minorityethnic declaring Servicestaff SeniorCivil DCA of percentage November2004,the Asof of 2.2 percent). Service Civil across the average an a service-wide targetof3.2percentand minority(compared to ethnic an from were declared they had Service our SeniorCivil 8.57 Ethnicity nearfuture. to re-survey inthe planning are eitherwayandwe not declared have Service ourSeniorCivil percentof 42 diversitytarget.) againstthe performance our asignificantimpacton have can disability a Servicewith Senior Civil memberofthe one of departure that the numbersare sosmall (The 3.2 percent. targetof new a percentcompared with 1.4 disabilityhasfallento a declaring Servicestaff SeniorCivil of percentage the April2005, Asof percent). (of2.4 average Service Civil but thiswashigherthanthe disability (against aservice-widetargetof3percent) a declared had Service Senior Civil 8.56 Disability ewl edt anancurrent maintain needto We will further April2008targetsprovide The percentof only1.8 April2005, As of our April2004,2.6percentof As of 113 8 Delivering for the public Effective Correspondence from members of the public communications 8.61 The Department has a target to reply Correspondence from MPs/Peers within 15 working days. Figures for the period 1 January – 31 December 2004 show that 11,933 letters (including e-mails) 8.60 The Department has a target to reply were answered with the target for response within 20 working days. Figures for the met in 76 per cent of cases. The reform of period 1 January – 31 December 2004 the handling of ministerial correspondence show that Ministers replied to 3,416 letters will be extended to the handling of this with the target for response met in 64 per correspondence and we anticipate cent of cases. In June 2004, a number of improvement in performance for 2005. reforms were made to the ministerial correspondence handling system. As a result, 88 per cent of letters received a response within target during the period July to December. We anticipate that this significant improvement will be sustained in 2005.

114 8 Delivering for the public Greater engagement and better Publicity and advertising communication campaigns

8.62 DCA supported its commitment to 8.65 Communications Directorate took a develop a more strategic approach to proactive approach to communicating to communication with the appointment last the public and to staff, including publicising July of a new Director of Communications, the Secretary of State and Lord Chancellor’s Lucian Hudson, a member of the Ministerial Departmental Agenda and 5 Year Strategy. Executive Board. The Director is responsible Key achievements include: for strategic leadership and management of internal and external communications for • the Green Paper on parental separation DCA, and is head of profession across the Department (including its executive agencies • extensive national media coverage on and non-departmental public bodies). the coming into force of the Freedom of Information (FOI) Act 8.63 The main task is to support the Department in opening up and engaging • raising awareness of FOI among public with our stakeholders, our own staff, sector bodies and the general public particularly those delivering front-line services, the public and the media, being • the establishment of the first clear about the Department’s purpose, Community Justice Centre in Liverpool business, achievements and priorities.

115 8 Delivering for the public

8.64 Our strategy is to be more proactive • a radio, press and ambient media and open in targeting consumers more campaign for effective fine enforcement effectively and working closely with stakeholders to engage and communicate • a national magistrates recruitment with key audiences; to develop the identity campaign. of DCA and its key agencies; to build a centre of expertise; and to drive quality and The Department also managed a pilot on efficiency in communication throughout the filming in courts based in the Court of DCA family. Appeal, the results of which will not be broadcast but assessed by Ministers and the senior judiciary. Welsh language Health and safety 8.66 DCA has adopted the principle that in the conduct of public business and the 8.70 DCA is committed to ensuring the administration of justice in Wales we will health, safety and welfare of its employees, treat the English and Welsh languages on a the judiciary, visitors, contractors and all basis of equality. DCA is currently in others who may be affected by its activities. discussion with the Welsh Language Board It fully accepts its responsibilities under the with a view to finalising a Welsh Language Health and Safety at Work Act 1974 and Scheme for public consultation. Once the other associated legislation in providing safe consultation has been carried out the and healthy working conditions, and will Scheme will be adopted as the published take all reasonably practicable measures to statement of DCA’s policy on the use of the minimise the risk of injuries or damage Welsh language. to health.

8.67 There is a dedicated Welsh language 8.71 DCA also recognises that effective unit in Her Majesty’s Courts Service based health and safety management provides a in Holyhead. The unit provides support to significant contribution to business the customers of the courts and across performance and demonstrates our DCA and the tribunals. A helpline facility is commitment to our staff in relation to their also available, providing a range of free welfare and the quality of their working services to the public on request. The environment. With this in mind, the new majority of Her Majesty’s Courts Service DCA HQ health and safety branch has leaflets and forms currently available are focused on reviewing and revitalising 116 produced in a bilingual format. Court users existing arrangements for the management have the right to give evidence in either of health and safety and provision of language, in which case simultaneous assurance to senior management, and is translation facilities can be made available. preparing an action plan for the forthcoming year. Significant successes were achieved in 8.68 Her Majesty’s Courts Service and the delivery of general health and safety members of the magistrates’ courts in awareness courses for all employees, and Wales are currently developing a joint Welsh specific training events for senior managers Language Scheme for Her Majesty’s Courts and those nominated to carry out display Service to extend existing services and screen equipment (DSE) risk assessments. functions to all court users.

8.69 The Lord Chancellor’s Standing Committee for the Welsh language meets regularly, chaired by Mr Justice Roderick Evans, the Presiding Judge, Wales and

8 Delivering for the public Cheshire, and discusses a wide range of issues relating to the Welsh language in the courts. Management Board. Departmental Champion’ onthe departmental‘Green a Green Minister and dedicated a have additionwe In advicethroughout DCA. and information providing development strategyand ofthesustainable co-ordination for development teamresponsible 8.75 Governmentestate, the developmenton forsustainable Framework Affairs’ Rural and Food for Environment, Department principlessetoutinthe on the comprehensive strategybased a developing aviewto onsustainabilitywith performance its areview of Department isundertaking To thisendthe operations. its policiesand aspectsof all developmentinto sustainable 8.74 development Sustainable andsafetyculture. health the improving approach to partnership informed an ensure representatives continuesto Unionsandsafety Trade with 8.73 forapproval. circulated been has Her Majesty’s CourtsServicestructure new coverthe proposals to costed training manualwith practice and safetypolicy health Arevised events. nationwide training assessment programme thatinvolved32 DSErisk- in-house extensive 2004 wasan majorachievementin The programme. assessment genericrisk ran the 8.72 ehv dedicated sustainable a have We embedding iscommittedto DCA co-ordination and co-operation Close formerCourtService DCA,the Within ulse n1999. in published oioigprogramme. monitoring energyandwater intothe Service HerMajesty’s Courts establishment of followingthe estate enlarged the asincorporating aswell and watersurveys, energy of programme itsrolling continue also DCAwill itsbusiness. delivery of accountinthe into sustainability istaken ensure and approach more strategic a enable plan thatwill sustainability action a develop forward to betaken work will review, internal Followingthe intranet site. and aweb both asdevelopmentof as well awareness sessions and providing training by awareness ofstaff and workingtoraise developmentacross itsestate sustainable principlesof Department embeddingthe 8.77 strategy. Department’s aboutthe advice and practice guide contracts and withinthe newbuilding all in included been developmentclauseshave Sustainable receives electricityfrom renewable sources. now estate approximately 80percentofthe and electricitytariff new ourestate a of on to much moved also We place. auditthesystemsin effectively monitorand enablingthemto course four-day training a attending eachsite in key personnel ManagementSystemswith Environmental pilot Department’s two onthe made Progress hasbeen ‘spend tosave’initiative. a on from these fund worksidentified andto energyandwatersurveys, undertake ofthismoneywasusedto Much issues. development £350,000 towards sustainable 8.76 h comingyearwillseethe The committed DCA During 2004/05, rvdn nomto nbest on information providing , Court standardsdesign 117 8 Delivering for the public Financial and risk 8.81 In common with other Government departments, DCA reported its progress on management management of risk to the Prime Minister in December. Areas identified for continued Identifying and managing risks development include:

8.78 Active management of risk is • further refinement of corporate risk fundamental to the efficient, effective and reporting, integration of external and economical achievement of DCA’s strategic information risks and business objectives, and is central to the way business is conducted within the • adoption of a more sophisticated Department. Risk forms an integral element Impact assessment model including of the DCA Ministerial Executive Board operational delivery, financial performance reviews, and informs the performance and control, legal and financial planning process, operational regulation, and reputation decision making, contingency planning and investment decisions. • building upon management of risks with partners, for example through 8.79 DCA was able to produce a fully Criminal Justice System joint working. compliant Statement on Internal Control for 2003/04, and work has been continuing this year to develop our risk management Value for money capabilities further, utilising HM Treasury’s Risk Framework. Notable improvements 8.82 We have a target to increase value for 118 have been achieved across the range of money from the Criminal Justice System by elements of the framework covering: 3 per cent per year, increasing efficiency by Leadership; Strategy and Policies; People; at least 2 per cent a year, including the Partnerships; Processes; Handling; and delivery of legal aid (PSA Target 7). The Outcomes. target also contributes to the CJS value for money PSA. 8.80 This has been achieved by a combination of: 8.83 Crucial to achieving this target are those initiatives which increase efficiency • high profile senior sponsorship and within the legal aid system, spending on regular communications which currently makes up around two-thirds of our total expenditure. Legal aid is a key • improved risk management processes enabler for many policies in our 5 Year and reporting templates Strategy and is vital in protecting individuals’ fundamental rights in areas such as crime • consistent emphasis on the importance and asylum. It is also an important enabler of robust risk management across all 8 Delivering for the public in giving people access to their rights in main business processes social welfare areas of law, such as housing, • availability of input and advice from a welfare and debt. A more efficient use of central team reporting to the Risk resources is therefore vital to ensure that we Improvement Manager can effectively deliver these services in the interests of users and taxpayers. • development of consistent methods to review and report risks at both local and executive management level

• the adoption of a risk-based approach to internal audit planning and execution. included: formoney achievingvalue contributed to 8.84 nldn h finesenforcement includingthe • controls to of package a introducing • implementingthe undertakingthen • achieved). 80%was of (arate exceeded for2004/05was target of78% paymentrate fines enforcement national The crime. inreducing and system justice criminal effectiveness ofthe inthe confidence public improving in defaulters. Rigorous enforcement isvital fine on down crack to newfinesenforcement regime a tough hasagreed DCA contributory initiative. further intothetargetasa programme cases isbeingtackled of duplication andwasteful scheme, newaccreditation bythe rewarded and Quality isbeingrecognised cases. mostdeserving atthe targeted andresources addressed being are Costs appealssystem. immigration and asylum drivetospeedupthe overall contributingtothe and expenditure, cutoutunnecessary and control aidundereffective legal asylum bring aid legal in around £80million cases consumed The30largest over£300million). (i.e. aidspending Courtlegal Crown of 50percent consumed (about 1,300) Courtcases Crown centof per 1 In2003/04thetop Service. Defence Criminal expenditure withinthe of amount disproportionate account fora Cases CostCriminal Very High qualify. caseswhich all apply contractsto ofworkto programme continuing the aspartof Casesregime Cost Criminal Very High areview ofthe findings of ciiisudrae in2004/05which Activities undertaken 2005/06 includes: 8.85 • fines enforcement fines nationaltargetrate • effectiveness ofthe evaluation ongoing • Very High of application continuing • criminal of package a implementing • o 050 f8 percent. 81 for 2005/06of criminal changes and asylum of package of the against predicted totals Scheme) Fee Graduated Criminal the and Caseregime Cost Criminal High Very changes betweenthe from those of Casessavings(and Very High Cost Criminal of level actual measure the to aspartofthework exercise benchmark a conducting casesand qualifying all Casescontractsto Cost Criminal Costs Orders. Defence Recoveryof strengthening aidsavingsand legal justice u uuepormeo okin ofwork programme Our future 119 8 Delivering for the public

9 Other offices 122 9 Other offices 9.3 CourtService ofthe The work member. non-executive a Headsand Divisional five comprising Board Management bya supported 9.2 centre. hearing 16 courtroom a magistrates’ courtsin countycourtand Court,the Crown the comprising Ireland’s largestcourthouse is Belfastwhich Courtsin Laganside including Ireland, across Northern courthouses operates21 and 750 staff employssome CourtService Ireland, the Northern in civilservice as aseparate 1979 in Established publicservice. years of celebrated25 CourtService) (the Service 9.1 Introduction Lavery A David Director: Service Court Ireland Northern upr h odChancellorin Lord the support • courtjudgmentsthrough civil enforce • administrativesupportforthe provide • h oko h or evc isto: CourtService ofthe The work is CourtService Director ofthe The Court Ireland Northern In 2004the ponmnsadlglaid. legal appointments and including responsibility forjudicial Ireland, Northern responsibilities in hisministerial discharging Judgments Office Enforcement of bythe provided enforcement service centralised a certaintribunals and coroners’ courts magistrates’ courts, countycourts, Court, Supreme i.e.the courts, Ireland Northern diitaino justice’. of administration communitythrough the is ‘Serving the CourtService ofthe aim corporate The 2005–2008 April 2005. in office newLayMagistratestookup The 5,000 applications forapproximately 300posts. attracted and May2004 in launched campaignwas high-profile A courts. the greater communityinvolvementin order to facilitate in LayMagistrate of office new a establishmentof Review recommended the 9.7 AppointmentsCommission. Judicial Ireland Northern a establishmentof for the provides Act2004,which Ireland) (Northern Justice ofthe passage to secure the keystakeholders collaboratedwith Service Review Justice Criminal Ireland Northern forthe Plan Implementation Government’s as setoutinthe justicesystem criminal ofthe modernisation deliverthe Ireland to Northern agencies in justice othercriminal work with 9.6 System Justice Criminal inthe confidence Promoting below. achievements isprovided key Asummaryof for2004/05. Plan Business milestonessetinthe performance againstthetargetsand performance business 2004/05 willreport on 9.5 for2004/05 Performance 9.4 Objectives for2004/05 h otenIeadCiia Justice Criminal Ireland Northern The hascontinuedto CourtService The Reportfor CourtService’s Annual The CourtService’s new The ilb ulse nJune2005. in published be will 20) h Court The (2000). oprt Plan Corporate stepeiigJdefrteCoroners’ forthe Judge presiding as the act CourtJudge to High a appointment of includingthe Ireland, Northern in Service Coroners’ the for new judicialstructure a introduce proposals will The April 2005. in Ireland Northern in Coroners’ Service the modernise proposals to published CourtService Ireland, the Northern in Coroners’ Service of the onthereform 2004 9.12 Coroners’ Service the Modernising aid. legal arrangements forcivil future andwillshape the summer of2005 bythe completed be Thiswork will Ireland. Northern Reviewin Aid Legal Fundamental 9.11 formoney. and value costcontrol budgetarypredictability, secure andwill financialyear2004/05 ofthe end atthe force into new arrangementscame The Courtcases. Crown in defence work publiclyfunded lawyers whoundertake paidto arrangements forremuneration new of introduction onthe was made Significantprogress Ireland. Northern in aid legal of onthe reform Services Commission Legal Ireland Northern partnership withthe 9.10 legalservices publiclyfunded Reforming Ireland. Northern of Justice Chief Lord functions tothe Chancellor’s judiciary-related Lord the numberof Act 2005,whichwilltransfera Reform Constitutional ofthe implementation colleaguesonthe DCA closely with 9.9 Reform Constitutional Witnesses. Intimidated and Measures forVulnerable Special BehaviourOrders and Anti-Social of introduction asthe new initiativessuch numberof a agencies, justice other criminal partnershipwith in deliver, continued to 9.8 h or evc continuestowork CourtService The CourtService During 2004/05the olwn oslaineecs in exercise consultation a Following a initiated CourtService The in continuestowork CourtService The utc gnisi otenIreland. Northern agencies in justice criminal between the information sharing permit Causeway Programme whichwill 9.15 operational: became modules ICOS following 2004/05 the During courtbusiness. of processing efficiencies inthe deliveryof support the ICOSwill familycourtoperations. and criminal –tosupportcivil, (ICOS) System CourtOperations Integrated –the platform IT an hasdeveloped Fujitsu Services, 9.14 comprises fourmajorprogrammes: 9.13 businessdelivery Modernising betterpublicservices Delivering h inquestsystem. the Reviewon Luce recommendations ofthe effect tothe give andwill during 2005 out berolled Thesereforms will Service. CountyCourtDivorce. • CourtFamilyDivision High • CourtChanceryDivision High • Division CourtQueen’s Bench High • FeesCollection • Business CountyCourtCivil • Record Documentsand Electronic • Technology Courtroom • Delivery Service Electronic • CourtOperationsSystem Integrated • Management. Causeway and h or evc sapartnerinthe isa CourtService The partnershipwith in CourtService, The Strategy BusinessModernisation The 123 9 Other offices 124 9 Other offices during 2004/05wasasfollows: Businessperformance and family business. civil criminal, courtareas of ofthe each management across case efficiency of the 9.20 management Case Commissioner. Information bythe approved of which were all Schemes, Publication of full range a hasdeveloped CourtService The areas. across keyservice Management solution Record Documentsand Electronic 9.19 Information of Freedom Disaster RecoveryPlans. BusinessContinuityand province-wide of andtesting creation accreditation wasthe elementofthis critical A Accreditation. Information Securityof ISO7799 achieved 9.18 Ireland. Northern Centres across FamilyCare Crown Court and all into introduced also systems were Recording Audio Digital conferencing. andvideo- evidence of presentation digital technology facilitiesincludingthe courtroom advanced providing Courthouse, Londonderry Programme wasextendedto 9.17 during 2004/05were: delivered DeliveryProgramme Service 9.16 ulcsacigo h Divorce ofthe publicsearching • Probate ofthe publicsearching • Bankruptcyand ofthe publicsearching • CourtLists of publication the • Register. Register Chancery Register Each yeartargetsare setforincreasing an hasadopted CourtService The CourtService August2004the In Technology Courtroom The h is lmnso h Electronic firstelementsofthe The iisfclttdduring2004. visits facilitated over70court programme, with outreach CourtService’s popular element ofthe a are 9.24 organisation communityfacing more a Becoming Service. Court Customer ServicesStrategyforthe a forward has responsibility fortaking Board The improvement. customer service on drives-forward thework ordinates and 9.23 2005. July in published be inspection report will final A judiciary. including supportforthe CourtService, aspects of customer servicewithinthe all of inspection an undertaken 9.22 of2006. end bythe accreditation applyforCharterMark courthouses will Allremaining customerservice. aspects of many in beingrecognised best practice accreditation with CharterMark achieved 9.21 customerservice Improving opoes9%o aiyWithin target 96% business withintargettime family of process 95% To Family business Within performance Overall target 79% business withintargettime civil of process 97% To business Civil performance Overall target Within business withintargettime criminal of process 80% To business Criminal vrl efrac 97% performance Overall or iisb col n colleges Court visitsbyschoolsand co- Board CustomerService A has Inspectorate CourtService The eightcourtvenues During 2004/05 otenIreland totakethisinitiative. Northern Departmentin firstGovernment the is CourtService The community itserves. ofthe aworkforce reflective achieve Plan to EmploymentEquality an has developed EqualityCommission, Ireland Northern the 9.27 community itserves ofthe aworkforce reflective Achieving nationalvocationalqualifications. undertake opportunitiesforstaff to providing levels, Officer Administrative Officer and Executive at forstaff programme development staff 9.26 The rightstaff withtherightskills Awards 2005. Goldeneye BT atthe highly commended Thewebsitewas www.courtsni.gov.uk. isat Thewebsite Ireland schoolscurriculum. Northern ofthe module citizenship the deliveryof This isdesignedtosupportthe November2004. in website wasintroduced 9.25 h or evc,i partnershipwith in CourtService, The a hasimplemented CourtService The Online Education CourtService A Court Masters. High andtwo Fair EmploymentTribunal, Tribunals andthe Industrial President ofthe a CountyCourtJudges, Court five High Judges, Appeal,three of Justice Lord a including made, appointmentswere judicial 9.30 appointments Judicial at www.courtsni.gov.uk online available are These September 2004. in published March 2004were 31 financialyearending Accounts forthe 9.29 Commission. Services Legal Ireland Northern and the CourtService coveringthe Efficiency Plan an developed CourtService settlement, the 9.28 Management ofresources www.courtsni.gov.uk [email protected] E: 90412920 (0)28 Textphone: +44 90412390 (0)28 F: +44 90328594 (0)28 T: +44 Belfast BT27LT Street Bedford 9–15 CourtService Ireland Northern Contact details uigteya numberofsenior During theyeara CourtService’s Resource The Review2004 Spending As partofthe 125 9 Other offices 126 9 Other offices Financial tables otenIeadCutSrie oa ulcsedn £000 publicspending CourtService:total Ireland Northern 1 Table oa publicspending Total which of budget capital Total aid legal services and otherlegal Courts, Capital spending budget Total resource aid legal services and otherlegal Courts, resources of Consumption of which aia DEL Capital eoreDEL Resource 1999/00 outturn 63,068 65,145 65,145 5157,9 29699,256 82,986 72,890 65,145 1,547 1,547 1,547 2000/01 outturn 71,621 72,890 72,890 2,569 2,569 2,569 2001/02 outturn 88,930 82,986 82,986 9,901 9,901 9,901 2002/03 103,061 outturn 99,256 99,256 9,631 9,631 9,631 2003/04 106,814 106,814 100,875 0,1 3,0 1,3 3,3 132,439 132,439 110,339 133,509 106,814 outturn 2,175 2,175 2,175 estimated 2004/05 133,509 133,509 135,329 outturn 7,940 7,940 7,940 2005/06 110,339 110,339 110,219 6,000 6,000 6,000 plans 2006/07 132,439 132,439 132,319 6,000 6,000 6,000 plans 2007/08 132,319 132,439 132,439 6,000 6,000 6,000 plans otenIeadCutSrie eorebde:DLadAE(oe n o-oe)£000 non-voted) and (voted AME and DEL budget: CourtService:resource Ireland Northern Table 2 oe E n M xldsayE eepsicue nDLadAEi Estimates. in AME and DEL in excludesanyEU receipts included AME and DEL Voted Estimates in consumption Total resource Estimates in DEL Resource Court Service Ireland Northern entitled: Estimate in outturn resource net Voted NB budget Total resources DEL Total resource DEL Resource n ofwhich and of which Budgets in DEL Resource aid legal services and otherlegal Courts, pnig6,4 2808,8 9261684135910391249132,439 132,439 110,339 133,509 106,814 99,256 82,986 72,890 65,145 spending own government Central aid legal services and otherlegal Courts, Voted oa non-voted Total Non-voted Total voted RfR1 legal services Publicly funded RfR1A o-oe ,5 ,9 ,6 ,4 7547,9 6777,2 78,928 78,928 56,707 78,992 27,574 1,948 5,269 4,791 4,558 Non-voted Voted 1999/00 outturn 65,145 65,145 60,587 38,073 22,514 60,587 60,587 0576,9 7779,0 79,240 97,308 77,717 68,099 60,587 4,558 2000/01 outturn 68,099 68,099 72,890 72,890 68,099 41,490 26,609 4,791 2001/02 outturn 77,717 77,717 82,986 82,986 77,717 46,038 31,679 5,269 2002/03 outturn 97,308 49,841 47,467 97,308 97,308 99,256 99,256 1,948 2003/04 106,814 106,814 outturn 79,240 32,857 46,383 79,240 79,240 27,574 estimated 2004/05 133,509 133,509 outturn 54,517 54,517 54,517 54,517 78,992 4575,3 35153,511 53,511 53,632 54,517 2005/06 110,339 110,339 53,632 53,632 53,632 53,632 56,707 plans 2006/07 132,439 132,439 53,511 53,511 53,511 53,511 78,928 plans 2007/08 132,439 132,439 53,511 53,511 78,928 53,511 53,511 plans 127 9 Other offices 128 9 Other offices n ofwhich and of which otenIeadCutSrie aia ugt E n M vtdadnnvtd £000 non-voted) and (voted AME and DEL budget: capital CourtService: Ireland Northern Table 3 oe E n M xldsayE eepsicue nDLadAEi Estimates. in AME and DEL in excludesanyEUreceipts included AME and DEL Voted Estimates in consumption capital Total spending finance their NDPBsto Grants to Budgets in DEL Capital Estimate in netcapital Voted NB budget capital Total DEL capital Total DEL Capital pnig1572599919612157906006006,000 6,000 6,000 7,940 2,175 9,631 9,901 2,569 1,547 spending own government Central oe ,4 ,6 ,0 ,3 ,7 ,4 ,0 ,0 6,000 6,000 6,000 7,940 2,175 9,631 9,901 2,569 1,547 Voted aid legal services and otherlegal Courts, Voted Total voted RfR1A 1999/00 outturn 1,547 1,547 1,547 1,547 1,547 1,547 2000/01 outturn 2,569 2,569 2,569 2,569 2,569 2,569 2001/02 outturn 9,901 9,901 9,901 9,901 9,901 9,901 2002/03 outturn 9,631 9,631 9,631 9,631 9,631 9,631 2003/04 outturn 26,372 24,197 2,175 2,175 2,175 2,175 2,175 estimated 2004/05 outturn 71,628 63,688 7,940 7,940 7,940 7,940 7,940 2005/06 49,117 43,117 6,000 6,000 6,000 6,000 6,000 plans 2006/07 75,618 69,618 6,000 6,000 6,000 6,000 6,000 plans 2007/08 73,132 67,132 6,000 6,000 6,000 6,000 6,000 plans otenIeadCutSrie aia mlyet£000 employment capital CourtService: Ireland Northern 4 Table eatetlgroup departmental in employed capital Total net assets Fund Aid Legal netassets NDPB department main within employed Capital Provisions Creditors (>1 year) Creditors (<1 year) Current assets assets Intangible assets Tangible of which assets Fixed n development and licences Software fittings and Furniture IT machinery and Plant and buildings and Land 1999/00 102,196 102,196 103,955 105,107 outturn (8,577) 6,050 1,139 (384) 13 0 2000/01 106,925 106,925 110,047 111,745 (12,141) outturn 8,138 1,189 (817) 509 0 2001/02 121,417 121,417 145,701 150,539 (24,621) (11,789) outturn (1,040) 8,328 1,164 3,494 180 2002/03 158,098 164,405 135,399 135,399 (25,190) (14,046) outturn 10,994 1,380 3,675 1,252 (764) 2003/04 175,966 181,843 152,727 152,727 (25,556) outturn (9,231) 1,525 4,318 6,524 (853) 34 estimated 2004/05 188,517 195,601 168,412 168,412 (25,809) outturn (1,269) (8,023) 1,936 4,941 7,912 207 estimated 2005/06 203,920 210,412 182,999 182,999 (25,937) outturn (1,224) (7,217) 2,053 4,271 6,965 168 estimated 2006/07 216,405 221,124 193,778 193,778 (25,938) outturn (1,217) (7,352) 2,020 2,568 7,161 131 estimated 2007/08 208,933 208,933 232,712 236,126 (25,813) outturn (1,223) (7,517) 7,360 2,010 1,255 149 129 9 Other offices 130 9 Other offices otenIeadCutSrie diitainbde £000 budget administration CourtService: Ireland Northern 5 Table Budget Administration Total Ireland Northern in justice of administration efficient and effective the Supporting RfR1 activity Analysis by Budget Administration Total Income Administration Expenditure Administration Total Other Paybill Expenditure Administration Court Service Ireland Northern 1999/00 –11,248 outturn –2,344 –2,344 8,904 4,298 4,606 2000/01 –13,554 outturn 1,422 8,738 5,684 868 868 2001/02 –12,442 outturn 19,283 13,045 6,841 6,841 5,878 2002/03 –10,942 outturn 15,419 10,441 4,978 4,477 4,477 2003/04 –15,942 outturn 14,454 –1,488 –1,488 9,475 7,666 estimated 2004/05 –13,942 outturn 23,005 15,339 7,896 9,063 9,063 2005/06 –10,942 20,432 12,536 7,879 9,490 9,490 plans 2006/07 –10,942 20,311 12,432 7,879 9,369 9,369 plans 2007/08 –10,492 20,311 12,432 9,369 9,369 7,879 plans 1 otenIeadCutSrie tf ubr £000 numbers CourtService:staff Ireland Northern Table 6 Total Casuals Overtime equivalents full-time Service Civil Service Court Ireland Northern h tf fteNrhr rln or evc r o ato h oeCvlSrieadteeoeaenticue nteCvlServicesta Civil inthe notincluded are andtherefore Service Civil Home partofthe not are CourtService Ireland Northern the of The staff 1 1999/00 outturn 667 638 20 9 2000/01 outturn 711 655 37 19 2001/02 outturn 808 115 691 2 2002/03 outturn 718 710 1 7 2003/04 outturn 745 740 0 5 2004/05 outturn 756 752 0 4 2005/06 plans 769 765 0 4 fn count. ffing 2006/07 plans 747 743 0 4 2007/08 plans 741 737 0 4 131 9 Other offices HM Land Registry

Chief Land Registrar and 9.36 The Land Register is open to the Chief Executive of Land Registry: public and for a fee anyone can inspect the Peter Collis register, find out the name and address of the current owner of any registered property or obtain a copy of any registered title. Introduction

9.31 Her Majesty’s Land Registry, a Land Registry objectives separate Government Department since 1862, was established as an Executive 9.37 Land Registry’s vision is to provide the Agency of the Secretary of State in July world’s best service for guaranteeing 1990 and as a Trading Fund in April 1993. ownership of land and facilitating property Land Registry is wholly self-financing and transactions. therefore makes no call on public funds under normal operating procedures. 9.38 We have a 10-year strategy that enables us to plan our business 9.32 Land Registry operates through 24 development towards the achievement of land registry offices located throughout our long-term plans. It is a rolling plan, 132 England and Wales; a London-based Head updated each year and supported by an Office, the Land Charges and Agricultural Annual Business Plan. Both plans can be Credits Departments and an Information viewed on Land Registry’s website Systems Group (based in Plymouth). (www.landregistry.gov.uk/strategy).

9.33 Land Registry’s main function is to 9.39 The Strategic Plan is built around the maintain and develop a register of title to following strategic objectives: freehold and leasehold land throughout England and Wales. On behalf of the Customer service Crown, Land Registry guarantees title to 9.40 Continue to make improvements to the registered estates and interests in land. delivery of services to all stakeholders.

9.34 The Land Register is a record of all Land registration land ownership that has been registered in 9.41 Deliver timely and effective secondary England and Wales. Each register of title legislation in relation to land registration. has its own number (the title number) and

9 Other offices contains a description of the property, the 9.42 Create a comprehensive land register name and address of the registered for England and Wales. proprietor, and other details such as mortgages and rights that may affect the Electronic service delivery property adversely. The register also 9.43 Introduce an electronic conveyancing includes a title plan, showing the location system through which most property and extent of each registered title. transactions will be effected.

9.35 Disputed applications to Land Registry 9.44 Make all land registration data are determined by the Adjudicator to HM electronically accessible to everyone. Land Registry, an independent office created by the Land Registration Act 2002. Other business development Quality public services 9.45 Develop a broader range of services for property professionals, the public and 9.50 The Land Registration Act 2002 and others. the associated Land Registration Rules 2003 provide the legislative framework for land registration in England and Wales, and Land Registry performance for pave the way for electronic conveyancing. 2004/05 9.51 In order to meet the public’s desire for 9.46 Under the terms of our Framework a quicker and a more transparent and Document, the Secretary of State presents certain home-buying and selling process, our Annual Report and Accounts to we are progressing a ministerially approved Parliament before the summer recess. The programme of work that will develop and Annual Report and Accounts for 2003/04 deliver a re-engineered and fully electronic was published in October 2004 and conveyancing system. contains details of our Key Performance Indicators and other wider business 9.52 For further details of this and of other measures. electronic services, see the Land Registry Annual Report and Accounts and visit our 133 9.47 Table 1 below gives details of our Key website (www.landregistry.gov.uk). Performance targets for 2004/05 with the latest forecast outturn. The actual outturn 9.53 We are committed to delivering high will be published in our Annual Report and quality and responsive land registration Accounts for 2004/05. Table 2 provides services and to improving those services to explanations for the information in Table 1. meet our customers’ needs. Our Statement of Service Standards is published in our Annual Report and Accounts and as a Efficiency (unit costs) separate document.

9.48 We are constantly working to improve 9.54 Formal customer surveys are carried the efficiency of our services. With Treasury out each year. agreement, we aim to reduce unit costs in real terms to £21.17 by the end of 2006/07. 9.55 We are one of a very small number of Table 3 shows our achieved and planned organisations to have been awarded the

unit costs in cash terms. Charter Mark on five consecutive 9 Other offices occasions. 9.49 Our business is demand-led and the volume of transactions can be affected by a 9.56 We have an Independent Complaints number of factors, including domestic and Reviewer, Mrs Jodi Berg, who conducts commercial conveyancing activity, the impartial investigations of complaints from growth in owner occupation and the customers who are dissatisfied with the buoyancy of the secured credits market. service they have received from us and Our unit output (actual and planned) is have not been satisfied by our internal shown in Table 4. complaints procedures. The Independent Complaints Reviewer’s annual report is available from: New Premier House 150 Southampton Row London WC1B 5AL T: +44 (0)20 7278 6251. Staffing and appointments

9.57 Staff are our major asset (see Table 5 for staff numbers) and their unique skills and expertise in the field of land registration continue to be key to our success. We:

• recruit on the basis of fair and open competition

• are committed to diversity and equal opportunity

• are recognised as an Investor in People.

9.58 For further information on our staffing policies and initiatives which include our 134 own ‘Qualification in Land Registration Law and Practice’, delivered in partnership with the College of Law, please see our Annual Report and Accounts.

Environment

9.59 All our local offices now have ISO 14001 accreditation and an Environmental Management System is in place.

Contact details

HM Land Registry

9 Other offices Lincoln’s Inn Fields London WC2A 3PH

T: +44 (0)20 7917 8888 F: +44 (0)20 7166 4474 www.landregistry.gov.uk 1 Demonstrator (EULIS) System Land Information European availabletothe RegistryData Land Make Other businessdevelopment forms e-lodgementof pilotforprocessing Start the delivery Electronic service lease of form astandard on Carry outconsultation Land registration customers’offices Searches in Official Copies and Official authenticatedresults of of printing Enable Strategic Registry Land bythe ofservicesprovided fullrange with the are verysatisfied/satisfied overall, customerswho, of Percentage Overall satisfaction anyerror of free ofregistrations processed Percentage Accuracy days working allregistrations processed within20 of Percentage days processed applications withintwoworking official search copyand office of Percentage Speed First’Standards ‘Service cash terms Cost perunitin Cost perunitinreal terms Efficiency Fund asa Consolidated payable dividend tothe employed, capital average on deliver a return To Financial key performance targets2004/05 Registry: Land HM 1 Table ae nGPdfao sudb MTesr n16March 2005. Treasury on byHM deflatorissued GDP on Based 1 Better than 2004/05 £28.84 £21.43 Target .%7.6% 3.5% 8598.71 98.5 80 98 598.4 95 June 2004 Sept 2004 Dec 2004 Feb 2004 Achieved Achieved Achieved Achieved Forecast £27.00 £19.61 88.6 99 135 9 Other offices 136 9 Other offices rcse reo any error of free processed ofregistrations Percentage Accuracy days processed within20working allregistrations of Percentage And days within twoworking Applicationsprocessed Search Copyand Official of Percentage ‘ cashterms Cost perunitin Cost perunitinreal terms Efficiency employed capital average on Percentage return Financial Target indicatorsexplained keyperformance Registry: Land HM Table 2 rvddb h adRegistry Land bythe provided ofservices fullrange with the are verysatisfied/satisfied overall, customerswho, of Percentage Customer satisfaction Speed evc First’Standards Service 1 2 eundb utmr o orcin sapretg fall registrations processed. of percentage asa bycustomersforcorrection, returned errors of Measurement isbycontinuousmonthlyrecording monthly‘snapshots’. of average Measurement isan incomplete/incorrect lodgement. through includingthosesubsequentlydelayed registration received, applicationsfor asallsubstantive defined ‘Registrations’ are monthly‘snapshots’. of average Measurement isan process. conveyancing atthestartof applicationsmade sensitive landregister are time- official searches ofthe copiesand Office Fund. Consolidated tothe dividend asa payable Itis previous year. ofthe current and percentage netassetsforthe asa of expressed average assets) capital of disposal on profit orloss accountthe into account(aftertaking Expenditure and Income inthe operatingsurplusfortheyearasshown The Note Technical survey. customer annual customer questionnaires andthrough the Measurement isbycontinuousmonthlymonitoringthrough aeoyo plcto ade yLn Registry.) byLand handled application category of process any effort required to costand the measurement ofthe comparative (Aunitisa processed. by theunitsofworkload divided e-conveyancing, and Commonhold accepted indemnity claims, costof excludingthe accrualsbasis, an costs on operating asthetotal cashtermsisdefined costperunitin The Treasury. byHM deflatorpublished Product (GDP) forecast Gross Domestic bythe divided below) (see cashterms costperunitin costperunitinreal terms isthe The equivalents full-time Service Civil figures Registry:staff Land HM 5 Table Output Work received (thousandsofunits) Registry:workload Land HM 4 Table number bythe anyperiod in expenditure Registry’s operational Land duringthatperiod. bydividing completed iscalculated work eachunitofwork completing costof The Note: cashterms Registry:unitcostsin Land HM Table 3 2 1 Demonstrator. System Information Land European available tothe RegistryData Land Make forms e-lodgement of pilotforprocessing Start the lease of form standard a on Carry outconsultation customers’offices in Searches Official Copies and Official results of authenticated of printing Enable DevelopmentAreas Strategic Target indicatorsexplained keyperformance Registry: Land HM Table 2 n 2.4(cashterms). and £29.94 costperunittargetfor2006/07of£21.17(real terms) Treasury agreed HM milestonestowards the are These h nlto atrfrtecs e nti ahtrsi eie rmteGPidcsanucdb MTreasury byHM indicesannounced GDP from the (base year1992/93). cashtermsisderived costperunitin factorforthe inflation The 2000/01 (continued) £28.57 actual 1999/00 2001/02 actual 7,772 £26.67 1999/00 actual actual 8,764 8,790 eosrtrshdldt eluce inthespring. launched be System demonstrator scheduledto Information Land European availabletothe live data make Registrywill Land borders. across aboutland European information andupdated online provide the possibility of Systemwill Information Land European The programme. e-conveyancing important element ofthe an deedsare formsand lodgementof Electronic implement. required rulesand produce customers’needsforflexibility, and information ofregistration presentation Land forstandard Registry’s meetboth need leaseto new of a on form compulsory standard consultation formal and informal Complete courtasevidence). in admissible and (i.e.watermarked and Copiesintheiroffice Search Official Official authenticatedresults of of printing the facilitytorequest customerswiththe external provide To Note Technical 2000/01 actual 7,767 2000/01 actual 9,194 9,400 2002/03 £24.48 actual 2001/02 actual 7,690 2001/02 10,756 10,682 actual 2002/03 actual 7,950 2003/04 £27.06 actual 2002/03 12,783 12,747 actual 2003/04 actual 8,060 2003/04 milestone 12,695 12,648 2004/05 actual £28.79 2004/05 actual 8,048 2004/05 13,555 13,472 2005/06 actual 8,004 plans milestone 2005/06 £29.95 2005/06 2006/07 12,943 12,943 plans 8,004 plans ofunits 2007/08 2006/07 2006/07 £29.94 13,607 13,607 8,004 137 9 Other offices The National Archives

Chief Executive: Sarah Tyacke online users throughout the world. It gives impartial advice to private owners on the care of their collections and is consulted by Introduction a wide range of grant-awarding bodies on applications relating to archives. 9.60 The National Archives (TNA) was formed in April 2003 by a merger of the Public Record Office and the Historical Strategic objectives Manuscripts Commission. The Chief Executive is both Keeper of Public Records 9.63 TNA is working to achieve the and sole Historical Manuscripts following objectives in the period 2004–07. Commissioner. TNA is a Government Department and Executive Agency under Records management and selection the Secretary of State for Constitutional 9.64 Affairs. • To develop effective and efficient management of active records to 9.61 TNA operates the United Kingdom support government business Public Records Acts of 1958 and 1967, and operations. 138 exercises the powers of the Historical Manuscripts Commission in relation to other • To improve the selection of public archives. The records that TNA preserves records for permanent preservation for and makes publicly available span over a the benefit of the public and of thousand years of English and British government. history, from the Domesday Book in 1086 to the latest releases of government papers. • To ensure that its policies for records Its work begins with overseeing the creation selection are socially inclusive. and management of active records in Government departments, continues with Preservation the selection and preservation of public 9.65 To make arrangements for the records of enduring historical value, and permanent preservation of digital records of culminates in making these records enduring historical value and to ensure that available onsite and online. Previously most archives on traditional media are kept in records were opened to the public after accordance with international standards. 30 years but, now that the Freedom of

9 Other offices Information Act 2000 has been Access implemented, it is the content of a record 9.66 rather than its age which determines • To extend the range and improve the whether it is open or not. Already a quality of our online public services. significant number of files younger than 30 years old have been released. • To improve the quality and efficiency of our onsite public services. 9.62 TNA also proactively collects information about official and private archives kept by over 1,200 institutions throughout the UK and also archival material relating to British history held overseas. It makes this information available to readers in its Kew reference room and to Awareness 98.5 per cent within the target of 9.67 10 working days by a comfortable margin. • To promote the public records and This excellent result was achieved through other archives as a national information the sustained commitment of front-line staff, and learning resource to the widest who had to bear the brunt of increased possible audience. public service pressures.

• To raise awareness of TNA’s holdings 9.71 To carry out three onsite satisfaction by means of a rigorous social inclusion surveys and to achieve assessments of programme. ‘good’ or ‘excellent’ from 90 per cent of respondents. • To raise the public profile of TNA. 9.72 Three surveys were carried out and the average satisfaction rating was 93.9 per cent. Performance against Key Performance Indicator Targets in 9.73 To attract new users to our website so 2004/05 that they comprise at least 25 per cent of all users. Access 139 9.68 To achieve six Public Service Standard 9.74 Three surveys were carried and the Targets.1 aggregated results showed that 58 per cent of users to TNA’s website were new users. 9.69 These cover a wide range of activities, including the release of newly opened 9.75 To develop direct digital access to records and their catalogues, answering popular records so that 100,000 record written correspondence, delivery of records images are delivered to users. to users in the reading rooms, handling of copy orders, answering the telephone, and 9.76 By 31 December 2004 over 167,000 keeping appointments with visitors. TNA images had been delivered. The availability achieved all six targets, helping it to retain of World War One medal cards online, the Charter Mark Award for a further three together with the publicity generated by TV years in November 2004. programmes on family history, contributed enormously to this exceptionally strong 9.70 In 2004/05 TNA handled a record performance.

64,858 items of written correspondence, 9 Other offices 99.94 per cent of which were answered Social inclusion within 10 working days. This compares with 9.77 To organise 25 per cent of educational 46,508 in 2003/04 (99.8 per cent). Publicity workshops at TNA for schools with above on national television and Freedom of average take-up of free school meals and Information implementation caused the 40 per cent of these workshops for schools volume of written enquiries to rise by nearly with an above average proportion of pupils 40 per cent, but TNA nevertheless from ethnic minority backgrounds.2 managed to exceed its target of answering

1 These are published in detail in TNA’s Corporate and Business Plans for 2004/05, p16. 2 This target applies to English primary and secondary schools covered by an OFSTED report; the categories and averages are taken from OFSTED reports. 9.78 41 per cent of workshops were • It has set up a research service to delivered to schools with an above answer FOI requests concerning average take-up of free school meals and records at Kew. 59 per cent to schools with an above average proportion of pupils from ethnic • It is now operating consultation minority backgrounds. procedures with other Government departments in relation to access Awareness requests for information in transferred 9.79 To produce marketing and records to which FOI exemptions might communication strategies and to implement apply. annual action plans issuing from these strategies. • It has set up an FOI tracking system in order to monitor the progress of FOI 9.80 TNA organised a Family History Week access requests against the relevant in May 2004 that attracted 1,400 visitors statutory targets. and a BBC London Family History Day in December that drew almost as high a • It has completed a programme of number. It has run a series of press events improvements in its own record- 140 based on record releases that have keeping, so that it is able to answer achieved extensive coverage in the media questions about its own policies and nationally and internationally. On activities. 15 December 50,000 files less than 30 years old were made available to journalists in anticipation of Freedom of Formation of new National Information. Advisory Service

9.82 TNA has considerable experience of Freedom of Information (FOI) providing guidance on records management implementation to central Government departments and other public record bodies. It has played a 9.81 With the implementation of the FOI Act leading role in developing the Code of on 1 January 2005, many of the features of Practice on Records Management, issued the public records system, which have by the Lord Chancellor under section 46 of provided the framework for TNA’s activities the FOI Act in November 2002. TNA’s new

9 Other offices for many years, completely disappeared National Advisory Service, which will build from the scene. Complex judgements on the extensive network of contacts concerning the release of information among records and archive professionals contained in the records now need to be cultivated over many years by the Historical made. In particular, the exemptions set out Manuscripts Commission, is now starting in the Act have to be carefully weighed in to make the organisation’s records the balance against the public interest test management expertise more widely on a case-by-case basis. TNA is available to local authorities and other parts determined to play its part in promoting a of the public sector. Already it has produced general attitude of openness in the civil an audit methodology to assess compliance service and other public bodies. More with the Records Management Code and a specifically, TNA has done the following: self-assessment toolkit for the effectiveness of Electronic Records Management Systems. Management of resources Health and safety

9.83 TNA is gearing up for its next 9.87 TNA employs a Health and Safety assessment under Investors in People in the Adviser who attends site one day per week. autumn of 2005. The general framework of The role of this adviser is to undertake risk TNA staff competencies, known as Key assessments within the building, and in Skills, is now used throughout the particular where alterations have been organisation in order to identify the main undertaken within a department. They training and development needs of all staff, undertake training, e.g. manual handling, and the progress that is made in the course fire safety, on an as and when basis. The of the business year towards meeting these Health and Safety committee meets needs. The framework also helps staff to quarterly and is chaired by the Head of identify the skills they will need to acquire in Estates and Security. The minutes are order to develop their careers at TNA in the published on TNA Intranet. longer term. 9.88 The health and safety policy document 9.84 In September 2004 over 80 per cent is updated annually. This is updated by the of TNA staff responded to a staff attitude adviser and passed to the Trade Union side survey. A range of actions is being taken for comment, prior to being signed by the 141 to address the key issues within TNA Chief Executive. departments and for the organisation as a whole. The exceptionally high participation rate is an early indication of the success Capital investment that is being achieved by TNA’s new internal communications team, which also produces 9.89 TNA’s capital investment in 2004/05 a monthly staff newsletter. will be £4.6 million. This investment continues to support the Government’s 9.85 TNA is committed to equality of electronic records management and opportunity for all and has policies in place electronic service delivery priorities, while to guard against discrimination and to promoting social inclusion by broadening ensure that there are no unfair barriers to the range of TNA users. employment or advancement. A lively working group, drawn from all parts of the 9.90 An independent feasibility study found organisation, ensures that TNA continues to that the sale and leaseback of TNA

forge ahead with its diversity strategy. TNA buildings would not provide value for 9 Other offices recruits staff on the basis of fair and open money. There are no other significant competition and selection on merit, and possibilities for the sale of surplus assets or complies with the recruitment code laid asset disposal. down by the Office of the Civil Service Commissioners. 9.91 TNA always examines potential Public Private Partnership (PPP) solutions, 9.86 There are four senior civil service staff, particularly in areas of rapid technological three of whom are women. Of total TNA change and areas of possible income staff as at March 2005, 46.3 per cent were generation. It currently has a PPP-type women, 6.3 per cent classified themselves contract with QinetiQ Ltd to provide the as disabled under the Disability 1901 Census returns on the internet. Discrimination Act 1995, and 19.1 per cent were from the ethnic minorities. Expenditure Prompt payment

9.92 TNA’s expenditure covers the cost of 9.94 TNA complies with the Confederation a number of activities. It has a lead role in of British Industry’s prompt payment code supporting other Government departments and BS 7890. Its policy is to pay bills in in electronic records management. In accordance with contractual conditions. 2004/05 a challenging programme Where no such conditions exist, the policy continues to be implemented for electronic is to pay within 30 days of receipt of goods service delivery to provide access on the and services or on presentation of a valid internet to TNA holdings. Meanwhile, invoice, whichever is the later. Complaints ongoing work continues, with the are registered with regard to late payment in maintenance of the archives repository at the Financial Services Department. No Kew, our low usage records storage facility complaints were received with regard to late in Cheshire, and of the public reading rooms payment in the period from November 2003 at Kew and the Family Records Centre in to December 2004. Performance is Islington. TNA funds the British Film Institute monitored continuously: in 2004/05, to preserve and store government films, the 99.3 per cent of invoices were paid within University of London for storing and giving 30 days; and the projection for 2005/06 is 142 access to government datasets and QinetiQ 99.4 per cent. to make available the 1901 online service. Microfilming documents ensures their preservation and enhances access to them. Contact details TNA incurs capital expenditure on improvement works and electronic The National Archives development projects. Since TNA store Kew approximately 172 linear kilometres of Richmond records, accommodation costs are a high Surrey TW9 4DU proportion of total expenditure. TNA also produce copies of documents, on paper T: +44 (0)20 8876 3444 and electronically, for sale to the public, E: [email protected] and offset their cost by charging fees. www.nationalarchives.gov.uk

Administration costs 9 Other offices 9.93 Net administration costs will increase from £38.7 million in 2004/05 to £39.4 million in 2005/06. TNA will continue investment in electronic service delivery during 2005/06, and the investment will be £3.3 million (£4.6 million 2004/05). Details of the resource budget, administration costs, capital budget, staff numbers, and capital assets are given in the following tables. Financial tables oe hstbede o nld h 04Sedn Review allocations. Spending does not includethe2004 Note: thistable publicspending Total budget capital Total records public outsidethe value historical archives of access for public and care standards of high byencouraging and historicalvalue records of public publicly available making and preserving byselecting, future present and inform the order to pastin the £000 Promoting the studyof Capital spending budget Total resource records public outsidethe value historical archives of accessfor public and care standards of high byencouraging and historicalvalue records of public publicly available making and preserving byselecting, future present and inform the order to pastin the Promoting the studyof resources of Consumption publicspending Archives: total National The 1 Table of which of which aia DEL Capital DEL Resource 1999/00 outturn 23,814 25,037 25,037 25,037 1,666 1,666 1,666 2000/01 outturn 27,169 27,169 27,169 25,575 1,222 1,222 1,222 2001/02 outturn 27,173 29,874 29,874 29,874 1,338 1,338 1,338 2002/03 outturn 31,411 32,873 32,873 32,873 2,244 2,244 2,244 2003/04 outturn 35,416 36,382 36,382 36,382 3,318 3,318 3,318 estimated 2004/05 outturn 37,229 38,731 38,731 38,731 4,592 4,592 4,592 2005/06 36,616 39,394 39,394 39,394 3,315 3,315 3,315 plans 2006/07 36,616 39,394 39,394 39,394 3,315 3,315 3,315 plans 2007/08 36,616 39,394 39,394 39,394 3,315 3,315 3,315 plans 143 9 Other offices 144 9 Other offices oe hstbede o nld h 04Sedn Reviewallocations. Spending doesnotincludethe2004 Note: thistable Estimates in consumption Total resource Budgets in DEL Resource Total resources budget DEL Total resource Total voted Voted DEL Resource records public outsidethe value historical archives of accessfor public and care standards of high encouraging by and value £000 historical records of public publicly available making and preserving byselecting, future present and inform the order to pastin the Promoting thestudyof resources of Consumption non-voted) and (voted AME and DEL budget: Archives: resource National The Table 2 te o-oe 60–3 58–187 –578 –233 –680 Other non-voted Non-voted omsin1041051231121111141121121,142 1,142 1,142 38,252 1,144 38,252 38,252 1,151 37,587 1,122 35,418 1,223 32,329 1,095 28,651 26,307 1,074 24,643 Commission Manuscript Historical RfR1B Office Record Public RfR1A System Records Public the costofrunning The n ofwhich and of which w pnig2,3 7192,7 2833,8 8713,9 93439,394 39,394 39,394 38,731 36,382 32,873 29,874 27,169 25,037 own spending government Central oe 5772,0 9843,5 6593,3 9343,9 39,394 39,394 39,394 38,731 36,569 33,451 29,874 27,402 25,717 Voted 1999/00 outturn 25,037 25,037 25,717 25,717 25,717 60–3 58–187 –578 –233 –680 2000/01 outturn 27,402 27,402 27,169 27,169 27,402 2001/02 outturn 29,874 29,874 29,874 29,874 29,874 2002/03 outturn 33,451 33,451 32,873 32,873 33,451 2003/04 outturn 36,569 36,569 36,382 36,382 36,569 estimated 2004/05 outturn 38,731 38,731 38,731 38,731 38,731 2005/06 39,394 39,394 39,394 39,394 39,394 plans 2006/07 39,394 39,394 39,394 39,394 39,394 plans 2007/08 39,394 39,394 39,394 39,394 39,394 plans Estimate in netcapital Total DEL Capital budget capital Total DEL capital Total Total voted Voted DEL Capital records public outsidethe value historical archives of accessfor public £000 and care standards of high encouraging by and value historical records of public publicly available making and preserving byselecting, future present and inform the order to pastin the Promoting thestudyof non-voted) and (voted AME and DEL budget: capital Archives: National The Table 3 Other non-voted omsin1 21 41 51 515 15 15 15 3,300 15 3,300 3,300 14 4,577 14 3,303 2,230 12 1,324 12 1,210 1,654 Commission Manuscript Historical RfR1B Office Record Public RfR1A System Records Public the investmentin Capital n ofwhich and of which w pnig1661221382243384523353353,315 3,315 3,315 4,592 3,318 2,244 1,338 1,222 1,666 own spending government Central oe ,6 ,2 ,3 ,4 ,1 ,9 ,1 ,1 3,315 3,315 3,315 4,592 3,318 2,244 1,338 1,222 1,666 Voted 1999/00 outturn 1,666 1,666 1,666 1,666 1,666 2000/01 outturn 1,222 1,222 1,222 1,222 1,222 2001/02 outturn 1,338 1,338 1,338 1,338 1,338 2002/03 outturn 2,244 2,244 2,244 2,244 2,244 2003/04 outturn 3,318 3,318 3,318 3,318 3,318 estimated 2004/05 outturn 4,592 4,592 4,592 4,592 4,592 2005/06 3,315 3,315 3,315 3,315 3,315 plans 2006/07 3,315 3,315 3,315 3,315 3,315 plans 2007/08 3,315 3,315 3,315 3,315 3,315 plans 145 9 Other offices 146 9 Other offices h ainlAcie:cptlepoe £000 employed capital Archives: National The 4 Table 1 group departmental in employed capital Total netassets NDPB department main within employed Capital Current assets assets Fixed ofyear at end balancesheet Assets on nagbeast eeicue ntnil assetsupto2001/02. intangible included assetswere Intangible Provisions Creditors (>1 year) Creditors (<1 year) Tangible Intangible Investments databases including IT Equipment buildings and Land of which 1 1998/99 88,387 88,387 83,073 87,520 outturn 1,961 2,892 2,750 1,697 64 1999/00 87,654 87,654 82,421 87,332 outturn 2,424 2,797 3,079 1,832 51 2000/01 87,119 87,119 83,527 86,792 outturn 2,026 2,523 1,613 1,652 170 2001/02 84,501 92,714 92,939 92,939 outturn 3,148 1,750 6,463 2,688 235 2002/03 84,534 93,148 93,827 93,827 outturn 4,632 2,525 6,089 3,639 401 87 2003/04 85,161 94,911 96,514 96,514 outturn 5,103 3,719 6,031 3,414 164 250 estimated 2004/05 105,231 105,206 105,206 95,896 outturn 3,799 3,263 6,072 3,910 254 168 projected 2005/06 107,061 107,931 107,931 96,900 4,700 4,200 5,961 3,600 170 400 projected 2006/07 108,891 109,761 109,761 98,556 4,700 4,272 6,063 3,600 170 400 projected 2007/08 111,592 111,592 100,213 110,722 3,600 4,700 4,344 6,165 400 170 oe hstbede o nld h 04Sedn Reviewallocations. Spending doesnotincludethe2004 Note: thistable areas gross controlled netlimits for Total £000 limits Controls and costs administration net Total Analysis byactivity costs administration net Total costs administration gross Total costs Gross administration budget administration Archives: National The 5 Table ulcRecords System Public cost ofrunningthe netadministrative The Records System Public cost ofrunningthe netadministrative The cost receipts administration Related Paybill Other 1998/99 23,654 23,654 23,654 23,654 23,654 25,520 11,187 14,333 –1,866 outturn 1999/00 25,717 25,717 25,717 25,717 25,717 28,043 11,657 16,386 –2,326 outturn 2000/01 27,402 27,402 27,402 27,402 27,402 30,074 12,013 18,061 –2,672 outturn 2001/02 29,874 34,397 13,021 21,376 29,874 29,874 29,874 29,874 –4,523 outturn 2002/03 33,451 37,056 14,783 22,273 33,451 33,451 33,451 33,451 –3,605 outturn 2003/04 36,569 41,324 15,772 25,552 36,569 36,569 36,569 36,569 outturn –4,755 estimated 2004/05 38,731 43,731 16,205 27,526 38,731 38,731 38,731 38,731 outturn –5,000 2005/06 39,394 40,999 18,870 22,129 39,394 39,394 39,394 39,394 –1,605 plans 2006/07 39,394 40,999 18,870 22,129 39,394 39,394 39,394 39,394 –1,605 plans 2007/08 39,394 39,394 39,394 39,394 39,394 40,999 18,870 22,129 –1,605 plans 147 9 Other offices 148 9 Other offices Total Casual Overtime equivalents full-time Service Civil numbers Staff Archives: staffing National The Table 6 1999/00 outturn 479 453 16 10 2000/01 outturn 462 443 10 9 2001/02 outturn 502 478 12 12 2002/03 outturn 519 493 12 14 2003/04 outturn 553 510 29 14 estimated 2004/05 outturn 550 502 34 14 2005/06 plans 544 515 15 14 2006/07 plans 544 515 15 14 2007/08 plans 544 515 15 14 sasmayfr20/5adwl be andwill is asummary for 2004/05 inthisreport given information The website. CourtService onthe available are and July2004 in published 2003/04, whichwere Accountsfor Reportand itsAnnual in found be can CourtService ofthe performance 9.98 Courts Committees. Magistrates’ CourtServicewiththe the elementsof time, thisbringstogetherallthe first Forthe Her Majesty’s CourtsService. agency, executive new a into was merged 9.97 Board. CourtService sat onthe ServicesDirector who Field reported tothe Court, Supreme Director ofthe with the Circuit Administrators,together ofthe Manager. All Group bya headed each Groups, 17Court into circuits were sub-divided The justice. deliveryof partners inthe our linkswith furtherdeveloping and judiciary maintainingrelations withthe in importantrole an Circuit Administratorhad circuit, the courtsinthe met byallthe objectiveswere performance and financial asensuringthat Aswell Administrator. Circuit Eastern South closely withthe itsDirector worked although in its ownright, circuit orregion asa operated Justice) of Courts Royal Court(includingthe Supreme The Circuit Administrator. bya headed each circuits, insixregional located been have 9.96 efficient operation. and itsimpartial ensure court usersto judiciaryand necessary servicestothe provided the and Wales, and England in courtsystem ofthe administration forthe Servicewasresponsible Court The justice. deliveryof purposethe its DCA; agencyof executive yearasan the Itstarted during2004/05. Court Service 9.95 Introduction Witt De Professor SirRon Service: Service/Her Majesty’s Courts Court ofthe Executive Chief Majesty’s CourtsService Court Service/Her eal ntefnto and function Details onthe CourtService April 2005,the 1 On county courts Courtand Crown The forthe ayearoftransition It hasbeen 02PA Thesewere: 2002 PSA. Review DCA’s Spending linkedto were 9.100 delivered thosetargets. Agency ensure the forward to were taken place already in delivery planswhichwere lastyear duringthe and Targets 1–4, Review2002PSA DCA’s Spending to 9.99 objectives Court Service www.hmcourts-service.gov.uk [email protected] E: (0)207189 2732 F: +44 (0)207189 2000 T: +44 SW1E6QW London Street 54–60 Victoria House Selborne Her Majesty’s CourtsService Contact details det epbihdi July2005). in published be (due to Accountsfor2004/05 Reportand CourtService Annual inthe detail full in provided h ecnaeimprovement inthe percentage the • disputes of proportion reduce the • Crown daysinthe increase sitting • Justice Criminal tosupportLocal • Justice Criminal tosupportLocal • ineffective in nationalreduction overall • ffourseparatetargets). of court users (aset ofsatisfactionto level courts byresort tothe resolved 104,200 Court – days 71 – chargetosentence) from period the Offenders timelinesstarget(covering PersistentYoung meetingthe Boards in percent –78 heard withintargettime casesare defendants/appellants whose numberof targets forthe Court meetingtheirCrown Boards in 2006 March 17percentby centto per 24 Courtfrom Crown trials inthe h or evc otiue directly contributed CourtService The h or evc high-leveltargets CourtService The 149 9 Other offices Court Service performance for 2004/05

Contribution to PSA1 Improve the delivery of justice by increasing the number of crimes for which an offender is brought to justice to 1.15 million by 2005/06; with an improvement in all Criminal Justice System areas, a greater increase in the worst performing areas and a reduction in the proportion of ineffective trials.3 Contribution to PSA2 Improve the level of public confidence in the Criminal Justice System, including that of ethnic minority communities, increasing year-on-year satisfaction of witnesses and victims, while respecting the rights of defendants.

Target/activity Performance in 2004/05 Overall national reduction in ineffective trials 14.4% from 24% to 17% by March 2006. Target for 2004/05 is 18.4% To support Local Criminal Justice Boards in The average for the period April 2004 to meeting their Crown Court target for the March 2005 was 78.4% number of defendants/appellants whose cases are heard within target time – 78% The period from charge to sentence for Persistent 68 days (quarter ending January 2005) Young Offenders cases – target 71 days Increase sitting days in the Crown Court – 104,200 101,823 (financial year ending March 2005)

150 Contribution to PSA3 Reduce the proportion of disputes resolved by resort to the courts.

Target/activity Performance in 2004/05 (i) Reduce the number of non-family claims in the See Chapter 2. civil courts by 11.8% (from 1.790m to 1.580m). (ii) Reduce the proportion of allocated (i.e. defended) cases that are resolved by a hearing by 1.9% (from 48.9% to 47%) (iii) Reduce the number of hearings by 9.3% (from 71,300 to 64,700) (iv)Increase the proportion of contact and ancillary relief orders made by consent by 2.8% (from 70.6% to 73.4%) a) Maintain the proportion of ancillary relief orders made by consent at over 90% b) Increase the proportion of contact orders 9 Other offices made by consent to 32.2% Contribution to PSA4 Target/activity Performance in 2004/05 The percentage improvement in the level See Chapter 2. of satisfaction to court users. • Knowledge of court staff at public counter – 82% (2004/05) • Knowledge of staff on telephone service – 78% (2004/05) • Speed of resolution of complaints – 50% (2004/05) • Helpfulness of written communication – 75% (2004/05)

3 The offences brought to justice aspect of the target was modified in Spending Review 2004, superseding the previous target of 1.2 million offences brought to justice in 2005/06. At the same time, a higher target of 1.25 million offences brought to justice was set for 2007/08. eiewosol dealwith theirfinances decide whoshould to person allowsa process which legal a is Attorney Powerof Enduring An Attorney. Powersof Enduring or byregistering monitoringreceivers and tasks byenabling Office undertake these Guardianship Public 9.103 personto: incapacitated mentally ofthe behalf on steps in Office Guardianship Public this iswhere the concerns, Intermsoftheirfinancial abuse. of atrisk more from societyand excluded often more vulnerable, They become totally. change and theirrelatives orcarers can affected person forboththe life happens, Whenthis hisorherlife. of anystage at 9.102 incapacity. mental affairs asaresult of financial aftertheir look are unableto peoplewho of behalf Protection’s decisionson Courtof the implement April2001to 1 on established andwas DCA agencyof executive is an 9.101 Introduction Thompson David Office: Guardianship Public ofthe Executive Chief Acting Office Guardianship Public upr h epewomanagethe peoplewho the support • protection service financial a provide • implementationsofthe overseethe • friends orprofessionals). person’s funds(betheyrelatives, Protection Courtof bythe decisions made h or fPoeto andthe Protection Courtof The anyone incapacitycanstrike Mental (PGO) Office Guardianship Public The orsrtgcobjectives: four strategic 9.105 responsive totheir needs. aseamlessservice incapacity byproviding mental peoplewith of financial well-being protect the and promote isto Office 9.104 objectives PGO that person’s finances. manage asareceiver) to (known someone appoint Protection will Courtof place, the in Attorney Powerof Enduring isno there losescapacityand person a If accordingly. empowerthem andto themselves, for doso capacityto should theylosethe opoiebs au forPublic bestvalue provide to • capability, skills and ithasthe ensure to • newwaysofworking with develop to • forward-looking, a provide to • taxpayer. Office’s clientsandthe Guardianship its clients needsof changing meetthe flexibility to needs total clients’ on focused are other agencies, which and public partnershipwith in and Office’s receivers Guardianship Public needs developing and Office’s clients’diverse Guardianship meetsPublic understands and consultson, accessible servicewhich h ulcGadasi fiehas Office Guardianship Public The Guardianship Public ofthe aim The 151 9 Other offices PGO performance for 2004/05 9.109 We know that not everyone who is in need of the Public Guardianship Office’s 9.106 Both the targets below support PSA services is aware of them, and during the targets under Spending Review 2000. year we launched a programme of work to Public Guardianship Office has a number of raise our profile among organisations, other performance indicators which are institutions and individuals that deal with the reported against in its annual report. care of people with mental incapacity, such

Targets Performance

We will maintain an effective system to As at 31 March 2005 Public Guardianship collect and review accounts, and use this Office had completed reviews of 100% of process to review the case management accounts or requested further information regime to ensure that it is meeting the within 20 working days of receipt. needs of each customer and client. (SDA 29 and SDA 30) As at 31 March 2005, we had collected 72.99% of accounts within two months against the target of 60%, 89.35% of accounts within four 152 months against a target of 85% and 100% of accounts within six months referring cases to the Court of Protection where necessary or taking other steps to ensure proper accounts are produced on behalf of clients (applies to Protection clients only, i.e. those clients who have an external receiver).

Delivering better public services as local authorities, social workers, health professionals and care home staff. We hope 9.107 The focus of the Public Guardianship that increased awareness will mean that Office in 2004/05 has been to build on the more people will plan what they and their progress made last year in getting the basic families will do to manage the risk of mental service to customers right by setting more incapacity, as well as reducing the incidence effective, challenging and quality focused of financial abuse of vulnerable people. performance measures.

9 Other offices 9.110 We have supported colleagues at 9.108 As well as efficiency improvements, DCA in taking forward the Mental Capacity we have continued to modernise and make Act, which received Royal Assent in April our services more accessible. For example 2005. The Act, covering England and this year empowerment, which enables Wales, provides a statutory framework for receivers to undertake a range of actions people who may not be able to make their without referral to the Public Guardianship own decisions. It sets out who can take Office, has been rolled out to all local decisions, in which situations, and how they authority receivers, with plans to extend this should go about this. The Public to professional receivers in the forthcoming Guardianship Office will contribute to the year. This year we have also piloted an development of Codes of Practice that will Investigations Unit to co-ordinate support the Bill as well as undertaking work investigations into financial abuse. Next to determine what changes will need to be year this Unit will be established on a made to the organisational structure, permanent basis. processes, rules and procedures in order to implement the new legislation. 9.111 We recognise, respect and value Management of resources people from all sections of society and make special efforts to communicate with a 9.113 range of groups that represent the diversity • At 31 March 2005, the PGO had 356 of the wider community and continue to permanent members of staff. Of these, value the contribution that each member of 47.7 per cent were women, and of the staff, whatever their background, makes to staff with ethnicity recorded, 47 per cent our work. We have made our key literature were from an ethnic minority community. available in six main ethnic languages as well as in easy-read and audiotape format. • The Public Guardianship Office charges We have also made links with minority fees for the service it provides and ethnic representative groups, including the currently has a target of recovering Muslim Council of Britain. 80 per cent of its optimum full cost through fee income. Optimum full cost 9.112 A number of key factors will influence is total cost less remissions. The level the work of the Public Guardianship Office of fees is set by statutory instrument over the next year: the Mental Capacity Act; and is reviewed annually. the National Audit Office Value For Money report on the Public Guardianship Office; • The budget delegation for the Public 153 as well as the continuing input of our Guardianship Office for the current customers and stakeholders. Our work for financial year, net of forecast fee 2005/06 will therefore involve considering income of £15.9 million is £3.5 million the conclusions and recommendations from with £170,000 for capital expenditure. these drivers for change and implementing them as appropriate. Contact details

Public Guardianship Office Archway Tower 2 Junction Road London N19 5SZ

T: 0845 330 2900 (Lo-call) E: [email protected]

www.guardianship.gov.uk 9 Other offices Legal Services Commission

Chief Executive: Clare Dodgson 9.119 Each year, the Legal Services Commission publishes its Corporate Plan setting out key priorities and targets, and Introduction reports on its performance against those of the previous year. 9.114 The Legal Services Commission is a non-departmental public body sponsored 9.120 The Corporate Plan 2004/05 and by DCA and overseen by a board of Annual Report 2003/04 were both independent commissioners. The Secretary published in July 2004. These documents of State for Constitutional Affairs is are available on request or can be accountable to Parliament for its downloaded from the Legal Services performance and activities. Commission’s website: www.legalservices.gov.uk. 9.115 The Commission looks after legal aid in England and Wales and is responsible for 9.121 The 2004/05 Annual Report will be ensuring that people get the information, published in July 2005 and the advice and legal help they need to deal with Commission’s key objectives and their problems. Part of the Legal Services achievements are summarised below. 154 Commission’s role is to identify areas where there is an unmet need for advice and develop quality services to help some of the Objectives for 2004/05 most vulnerable and disadvantaged people in our society. 9.122 The Legal Services Commission develops its objectives within the framework 9.116 Through the Community Legal of the DCA’s PSA and is at the forefront of Service the Commission helps people the Government’s plans to modernise protect their fundamental rights by funding a justice. network of Quality Marked solicitors, Citizens Advice Bureaux and other advice 9.123 The Legal Services Commission also providers. People are able to get advice has a key role in contributing to the DCA’s about a range of problems, including Strategy for the next five years: relationship breakdown, debt, housing, domestic violence and benefits. Help is also • reducing crime and anti-social available about asylum and immigration, behaviour: ensuring criminal legal aid

9 Other offices education, employment and community delivers value for money and working care issues. with criminal justice system partners to help reduce re-offending 9.117 The type of help varies from information leaflets to specialist casework • speeding up asylum and immigration and taking cases to court where necessary. appeals: better targeting of legal aid at those in genuine need 9.118 The Criminal Defence Service helps people who are under investigation or facing • protecting the vulnerable: providing criminal charges. By ensuring that people greater access to legal help and advice accused of crimes have access to legal through phone and internet services, advice and representation, the Criminal and reducing the number of Defence Service also helps the police and relationship breakdown cases that end courts to operate fairly and efficiently. up in court • delivering faster and more effective Performance in 2004/05 dispute resolution: encouraging people to resolve disputes earlier, and 9.125 The Legal Services Commission delivering better quality legal help and helps around 2 million people get help with advice through a range of flexible and their legal problems every year. Its budget is accountable providers around £2 billion and it accounts for one-fifth of the legal services market in the UK. • strengthening democracy, rights and responsibilities: helping people 9.126 Over the course of 2004/05, the understand what they are entitled to Legal Services Commission made and their obligations, preventing cases significant progress in ensuring that all its without merit from being pursued, and activities were resolutely focused on the encouraging public institutions to people who depend on it to ensure they can recognise their obligations and provide access their basic rights. This ongoing better services. programme of reform – which has also included an internal organisational review – 9.124 The Commission’s specific priorities will be consistent with the forthcoming for 2004/05 were to: recommendations of the Fundamental Legal Aid Review. 155 • direct more resources into Community Legal Service work tackling social 9.127 The Legal Services Commission’s exclusion achievements include:

• improve the value for money of asylum • the launch of Community Legal Service cases Direct in July 2004. Research shows that telephone advice is preferred to • improve the value for money of Criminal face-to-face advice by some people Defence Service expenditure and is particularly welcomed by those living in remote areas or with reduced • ensure the delivery of the Criminal mobility. At the same time as launching Defence Service as our contribution to a national telephone advice service, the an effective criminal justice system Legal Services Commission rebranded its Community Legal Service website • improve customer services for clients, and information leaflets. Since the

suppliers and partners launch, 134,000 calls have been made 9 Other offices to the telephone service and 14,000 • ensure that the Legal Services cases have been completed. The Commission has the right organisation website has been visited by 380,000 to deliver its strategic objectives users and nearly 1 million leaflets have been distributed directly to the public • build an understanding of its goals and and advice organisations achievements through effective communication with employees, • the creation of a dedicated Children partners and other stakeholders. and Family Division within the Commission, reflecting a renewed focus on, and commitment to, this significant and often vulnerable client group • as part of the Legal Services control of expert witnesses in publicly Commission’s commitment to funded cases. The proposals will also supporting the next generation of legal ensure that solicitors and expert aid lawyers, it is investing £10 million in witnesses agree clear terms up front training grants with the aim of creating 400 new legal aid lawyers. It worked • a consultation on a pilot scheme, with the College of Law and the Law Criminal Defence Service Direct, was Society to develop a legal aid launched, aimed at improving value for orientated Legal Practice Course, the money in the Criminal Defence Service, ‘Public Legal Service Pathway’ enhancing the service provided at police stations, both for those detained • the Preferred Suppliers pilot project and the police, and ensuring that duty introduced a completely new way of solicitors are called out on cases at the working with service providers for the appropriate time benefit of legal aid clients. In the longer term, all Legal Services Commission • a consultation paper setting out services will be delivered through proposals for the introduction of lawyers and advisers who meet high competitive tendering for criminal lower 156 standards in both quality and cost, and work in London was launched in who will in turn benefit from reduced January 2005. The proposals aim to bureaucracy and auditing ensure the best possible value for public money, while at the same time • the DCA and Legal Services guaranteeing clients have quality advice Commission’s July 2004 consultation and representation paper A New Focus for Civil Legal Aid proposed the restructure of Community • the voluntary Tailored Fixed Fee project Legal Service funding to encourage the gave suppliers a new, fixed amount for early and effective resolution of cases each case, based on their previous and use of litigation as a last resort in year’s average case cost. Following order to release funding for targeting on consultation, the scheme will become priority areas and the most vulnerable mandatory in 2005/06 clients. Following the consultation, a wide range of changes to financial • a wide range of Legal Services eligibility, family and non-family funding Commission-funded projects ensured

9 Other offices rules will be introduced in 2005/06 that specific needs for advice and legal help were met. In Bradford, the • in 2003/04 the Legal Services Commission invested £120,000 in the Commission spent over £130 million on ‘Staying Put’ project which uses civil expert witness fees in criminal, family, law to help women who are attacked immigration and other civil cases. Fees by their partners, ex-partners or family charged by experts have been members by providing support and increasing significantly and research advice so that they can stay in their shows that 74 per cent of experts now homes. Last year, the Staying Put charge over £100 an hour – up from project helped 759 victims of domestic 55 per cent in 2002. In November 2004 violence the Legal Services Commission published a consultation paper aimed at improving the quality and cost • the Legal Services Commission worked Contact details in partnership with other public services and advice funders. In June 2004 the Legal Services Commission launch of the ‘Reducing Offending 85 Gray’s Inn Road Through Advice’ project brought London WC1X 8TX together the Legal Services T: +44 (0)20 7759 0000 Commission, Citizens Advice and the F: +44 (0)20 7759 1190 Prison Service in a ground-breaking www.legalservices.gov.uk scheme which gives prisoners in four North East prisons access to legal advice via videophone link. The Legal Services Commission also joined forces with the Court Service to reach people with problems quickly and effectively by helping to ensure that front-line staff in courts are able to notice problems and signpost people to appropriate legal services 157 • supporting capacity-building in the not- for-profit sector was another focus – the Legal Services Commission invested £200,000 in management training for agencies with Legal Services Commission contracts • the latest development in the Legal Services Commission’s supplier management process aimed at driving up the quality of services was the introduction of Quality Profiles. These have been developed to indicate how service providers are performing on their cases and to highlight the quality of the work done and the client care

• real strides were made in customer 9 Other offices services – the Legal Services Commission Quarterly Complaints Review for October to December 2004 recorded the lowest number of official criticisms since records began, 27 per cent down on the previous quarter. Commission for Judicial Appointments

HM First Commissioner for Judicial 9.132 The Commissioners also accepted Appointments: Professor Sir Colin 13 complaints for investigation and finalised Campbell their investigations of 17 complaints. In seven of these cases the Commissioners identified concerns that prompted them to Secretary to the Commissioners: suggest at least that DCA apologise to the William Arnold complainant.

9.128 The Commissioners were appointed 9.133 The Commissioners have contributed in 2001, following Sir Leonard Peach’s to the debate about the future of the judicial report into the judicial and Queen’s Counsel appointments and Queen’s Counsel appointment process. There are eight processes. They have responded to the Commissioners, including the First DCA’s Consultation Paper Increasing Commissioner, none of whom is a Diversity in the Judiciary (a copy of the practising lawyer or holder of judicial office. response is available on the Commissioners’ website). They are also taking forward their 9.129 The Commissioners’ remit covers the own work to develop proposals that would appointment of judges (except the Law increase the diversity of those appointed to 158 Lords and Heads of Division), appointments judicial office whilst reinforcing the principle made by the Lord Chancellor to tribunals of selection on merit. and Queen’s Counsel appointments. It does not cover the appointment of lay 9.134 The Commissioners are supported magistrates or General Commissioners of by a six person Secretariat. The Income Tax. The Commissioners’ functions Commissioners receive funding from DCA are to review the appointments process to and expenditure for 2004/05 was establish whether appointments are being approximately £350,000. The made in accordance with the principle of Commissioners’ 2004 Annual Report was selection on merit and to investigate published in October 2004 and is available complaints arising from the application of on their website. the appointments procedures. The Commissioners’ complaint investigation function does not provide an avenue of Contact details appeal for unsuccessful applicants. Commission for Judicial Appointments

9 Other offices 9.130 The Government’s policy is that the 7th Floor current Commission will cease to operate Millbank Tower after the introduction of the Judicial Millbank Appointments Commission. The Judicial London SW1P 4RD Appointments and Conduct Ombudsman will largely take over the current T: +44 (0)20 7217 4470 Commissioners’ functions in respect of F: +44 (0)20 7217 4262 complaints about judicial appointments. E: [email protected] www.cja.gov.uk 9.131 During 2004/05 the Commissioners completed reviews of a competition for appointment to the High Court and a competition run by DCA to recruit lay interviewers. Six other reviews were ongoing at the end of 2004/05. Her Majesty’s Inspectorate of Court Administration (HMICA)

HM Chief Inspector of Court 9.138 The Chief Inspector is a statutory Administration: Eddie Bloomfield postholder and the Inspectorate is funded by the Department for Constitutional Affairs. 9.135 Her Majesty’s Inspectorate of Court The Inspectorate is not responsible for the Administration (HMICA) took over from determination of policy and operates Her Majesty’s Magistrates’ Court Service separately from the relevant policy and Inspectorate (MCSI) on 1 April 2005, with a administration functions performed by DCA. wider remit. HMICA’s indicative budget for 2005/06 is £2.548 million. 9.136 HMICA operates within a statutory framework set out in the Courts Act 2003. 9.139 HM Chief Inspector reports directly to Its remit is to: the Lord Chancellor on inspection matters, and makes an annual report to him, which • inspect and report to the Lord is laid before Parliament. Chancellor on the system that supports the carrying on of the business of the courts listed (Crown, county and Contact details magistrates’ courts) and the services provided for those courts Eddie Bloomfield 159 HM Chief Inspector • inspect and report on the performance HMICA of the Children and Family Courts 8th Floor Advisory and Support Service Millbank Tower (CAFCASS) functions. Under the Millbank provisions of the Transfer of Functions London SW1P 4QP Order 2005, HMICA reports to the Secretary of State for Education and T: +44 (0)20 7217 4342 Skills on CAFCASS-related inspection F: +44 (0)20 7217 4357 matters. E: [email protected]

HMICA is not enabled to inspect persons making judicial decisions or exercising any judicial discretion.

9.137 HMICA currently employs 33 full-time 9 Other offices members of staff, based in offices in London, Bristol and Leeds, and two full- time inspectors based at home. In addition, there are nine standby inspectors who are employed on fixed-term contracts and work for a minimum of 20 days per year, providing a vital and flexible resource. HMICA also provides the home for the Joint Inspectorates’ Secretariat (JIS). This supports the work of the Criminal Justice Chief Inspectors’ Group (CJCIG), which is made up of Her Majesty’s Chief Inspectors of Constabulary, Crown Prosecution Service, Court Administration, Prisons and Probation in England and Wales. Judicial Studies Board

Chairman: The Rt Hon Lord • ensure the JSB has appropriate Justice Keene structures, processes and accountability frameworks to determine Director of Studies: and deliver its key programmes, as Judge Victor Hall expressed by targets and plans deriving from spending reviews and otherwise Executive Director: Debora Matthews • develop a framework of evaluation for the JSB’s key programmes to ensure 9.140 The Judicial Studies Board (JSB) is continuous improvement an independent body, established in 1979, whose aim is to ensure that the training and • ensure that fair treatment and diversity learning needs of the judiciary, lay issues are integrated into all the JSB’s magistracy and judicial officers of tribunals activities are met in a timely and effective manner. Its relationship to DCA is set out in a • ensure the JSB’s information Memorandum of Understanding which was technology strategy, including its first published on 6 June 1996 and reissued e-business strategy, is developed and 160 in April 1999. exploited to add to the tools available for identifying and meeting training 9.141 At 31 March 2005, the JSB had 48 needs and knowledge management members of staff. The JSB’s budget for the period of this Report was £9.5 million, an • develop and contribute to international increase from the previous year’s budget, legal relations by providing advice and which was largely a result of the JSB’s work assistance on the training of the judiciary to utilise technology in the delivery of its training. This included a programme of • support the achievement of JSB information technology training for judges objectives through human resource and extensive work on its websites, as well policies and procedures which ensure as a project to establish the JSB’s effective recruitment, selection, training, strengthened role in relation to magistrates’ development and support in a fair, training within a unified courts equal opportunities workplace. administration. 9.143 The Annual Report for 2004/05 was

9 Other offices 9.142 The JSB’s objectives are to: published in July 2005 and is available on the JSB’s website (see below). • identify the training needs of the judiciary through its committees and in consultation with relevant outside Contact details bodies Judicial Studies Board 9th Floor • make provision for identified training Millbank Tower needs to be met in a timely, effective Millbank and innovative way, harnessing new London SW1P 4QU technology and methods as appropriate T: +44 (0)20 7217 4708 E: [email protected] www.jsboard.co.uk Council on Tribunals

Chairman: The Rt Hon Lord 9.147 The Council’s key priority in 2004/05 Newton of Braintree OBE DL has been to build links with other bodies, in particular those representing tribunal users. Acting Secretary: Ray Burningham In October it ran the first in a series of User Support Workshops for representatives 9.144 The Council was established in 1958 from the voluntary and advice sectors, and now operates under the Tribunals and examining the issues raised by the White Inquiries Act 1992. It is a statutory advisory Paper. In January 2005 it launched Adjust,a non-departmental public body, funded quarterly electronic newsletter aimed at all through DCA. The Council’s main role is to stakeholders in tribunals and the wider field keep under review the constitution and of administrative justice. working of the tribunals specified in the Act. Government departments are required to 9.148 The work of the Council during the consult the Council in respect of procedural period 1 August 2003 to 31 March 2004 is rules for those tribunals. Its jurisdiction also described in its 45th Annual Report, extends to certain statutory inquiries held by published in July 2004. The Annual Report or on behalf of Ministers. and other publications are available on the Council’s website at www.council-on- 9.145 The Council has 15 members tribunals.gov.uk, from Her Majesty’s 161 appointed by the Lord Chancellor and the Stationery Office, or from the address Scottish Ministers; additionally the below. Its next annual report will cover the Parliamentary Ombudsman and the year to 31 March 2005 and is due to be Scottish Public Services Ombudsman are published in July 2005. members by virtue of their office. It has a staff of 12 in its London office, most of whom are DCA civil servants. It also has a Contact details Scottish Committee with a Secretariat of three staff seconded from the Scottish Council on Tribunals Executive and based in Edinburgh. In 1st Floor 2004/05 it had a budget of £1,096k. 81 Chancery Lane London WC2A 1BQ 9.146 The White Paper Transforming Public Services: Complaints, Redress and T: +44 (0)20 7855 5200 Tribunals, published in July 2004, proposes F: +44 (0)20 7855 5201

bringing together the 10 largest Central E: [email protected] 9 Other offices Government tribunals into a single Tribunals www.council-on-tribunals.gov.uk Service from 2006. It suggests that the Council has an important role to play in the creation of the Tribunals Service and that over time it should take on a wider remit as an advisory body for the whole administrative justice sector, becoming an Administrative Justice Council. Official Solicitor and Public Trustee

Official Solicitor to the Supreme Contact details Court and Public Trustee: Laurence Oates Office of the Official Solicitor and Public Trustee 9.149 The Official Solicitor (a statutory 81 Chancery Lane appointment under section 90 of the London WC2A 1DD Supreme Court Act 1981) acts in legal proceedings for those unable to represent T: +44 (0)20 7911 7127 themselves. He is responsible for F: +44 (0)20 7911 7105 representing in court mentally incapacitated E: [email protected] adults and children (other than subject www.offsol.demon.co.uk children in child welfare proceedings), administering estates and trusts when there is no-one else suitable or able to do so, and various other areas, for example, committals for contempt and child abduction.

162 9.150 The Public Trustee (appointed under section 8 of the Public Trustee Act 1906) acts as executor or administrator of estates and as the appointed trustee of settlements. His aim is to provide an effective executor and trustee service of last resort on a non- profit-making basis; in so doing, his objective is to secure the best value for the beneficiaries.

9.151 The two offices have been combined under the same post-holder since 1 April 2001 following the transfer of functions of the former Public Trust Office announced by the Lord Chancellor in his Making Changes Report (December 2000). 9 Other offices 9.152 The Official Solicitor and Public Trustee employs 17 lawyers (including the Official Solicitor and Public Trustee himself) and up to 160 caseworkers and other administrative staff. Its gross running costs are £7.7 million per annum, with a requirement to recover costs and fees where appropriate (mainly in trusts and estates) which brings down the net funding requirement from DCA to £3.1 million. The Annual Report for 2003/04 was published in August 2004 (available on the Official Solicitor and Public Trustee website). Office of the Judge Advocate General

Judge Advocate General: 9.156 In the financial year 2004/05, DCA His Honour Judge Jeff Blackett allocated a total of just under £1.5 million for the maintenance of the office. 9.153 The office of the Judge Advocate General was created in 1666. Since then, the appointment has been made by the Contact details Sovereign by Letters Patent. The Courts- Martial Appeals Act 1951 requires that the Office of the Judge Advocate General person appointed shall be recommended to 81 Chancery Lane Her Majesty by the Lord Chancellor, to London WC2A 1BQ whom the Judge Advocate General was made responsible in 1948. The main duties Office of the Deputy Judge of the Judge Advocate General are to Advocate General appoint judge advocates to conduct British Forces Germany proceedings at Service Courts and judicial British Forces Post Office 40 officers to hear custody applications and applications for search warrants. In addition, T: +44 (0)20 7218 8077 he is responsible for giving the Army and T: (Germany) +49 2161 908 2453 Royal Air Force reviewing authorities post- F: +44 (0)20 7218 8090 163 trial advice on courts-martial, and for the E: [email protected] keeping of courts-martial records of proceedings. He also has a broad residual duty to monitor the Army and Royal Air Force criminal justice systems to ensure that they work fairly, properly and efficiently.

9.154 To support and assist him, there is a Vice Judge Advocate General and seven Assistant Judge Advocates General. These are permanent judicial appointments made by the Lord Chancellor. The Judge Advocate General also maintains an office in Germany to which two Assistant Judge Advocates General are posted on tours of

duty at any one time. The senior of these is 9 Other offices styled Deputy Judge Advocate General and is largely responsible for the day-to-day running of that office.

9.155 Administrative and secretarial support is provided by eight DCA staff, two of which are based in Germany to assist the judges there and the rest work at the London office. Law Commission

Chairman: Sir Roger Toulson 9.161 More information about the work of (Mr Justice Toulson) the Law Commission, including published Annual Reports, can be found at: Chief Executive: Steve Humphreys www.lawcom.gov.uk

9.157 The Law Commission was established under the Law Commissions Contact details Act 1965. It exists to recommend reform of the law to make it fair, modern, simple and Law Commission as cost-effective as possible. The Conquest House Commission is statutorily independent from 37–38 John Street Government but is sponsored by DCA and Theobald’s Road is an advisory non-departmental public London WC1N 2BQ body of the Department. The Commission has between 60 to 70 members of staff T: +44 (0)20 7453 1220 depending upon the number of projects it is F: +44 (0)20 7453 1297 working on at any one time. DCA provided E: [email protected] funding to the Commission of £3.4 million 164 for 2004/05.

9.158 In response to the 2003 Quinquennial Review, the Law Commission has undergone a number of structural and procedural reforms which will improve its efficiency and service delivery. These improvements will continue in 2005.

9.159 The Law Commission assists the work of a number of Government Departments. During 2004/05 among other things, the Commission published its report on the partial defences to murder and its second report on reform of the law in relation to Compulsory Purchase. Full

9 Other offices details of its work in 2004/05 will be reported in its Annual Report published in June 2005.

9.160 The Law Commission published its Ninth Programme of Law Reform in March 2005, setting out the main streams of work over the next three years. The periods of the programmes of law reform will in future be aligned with the periods of the Government’s spending reviews. Office of the Legal Information Services Ombudsman Commissioner’s Office

Legal Services Ombudsman for Information Commissioner: England and Wales: Ms Zahida Richard Thomas Manzoor CBE 9.166 The Information Commissioner is an 9.162 The Legal Services Ombudsman for independent body created under statute, England and Wales is appointed by the appointed by the Queen and reporting Secretary of State for Constitutional Affairs directly to Parliament. The DCA is the under the Courts and Legal Services Act Information Commissioner’s sponsor 1990. department.

9.163 The Ombudsman’s role is to oversee 9.167 The Information Commissioner’s main the handling of complaints about solicitors, functions and duties are to: barristers, legal executives, licensed conveyancers and patent agents by the • promote the following of good practice professional bodies that are responsible for by data controllers and public setting and maintaining standards of conduct authorities and their respective and service within the legal profession. observance with the requirements of the Acts – the Data Protection Act 9.164 The Ombudsman’s Annual Report for 1998 and, in the case of public 165 2003/04 was published in July 2004 and is authorities and those who carry out available on the Ombudsman’s website work for them, the Freedom of along with a number of other key Information Act 2000 documents relating to the work of the Office. • provide information to the public about 9.165 The Office had an average of 24.1 both pieces of legislation and how they full-time equivalent staff and 2.5 full-time work, about good practice and about equivalent external caseworkers over other matters relevant to the 2004/05, with £1.34 million of funding from Commissioner’s work DCA for 2004/05. The Ombudsman’s Office processed 1,453 cases in 2004/05, with an • consult with the Keeper of Public average turnaround of three months in Records (and Deputy Keeper of Public 54.8 per cent of cases and 99 per cent of Records of Northern Ireland) about cases in six months. promoting the observance by public authorities of the statutory records

management code of practice 9 Other offices Contact details • annually lay before each House of Office of the Legal Services Ombudsman Parliament a general report on the 3rd Floor exercise of the Commissioner’s Sunlight House functions under both the Data Quay Street Protection and Freedom of Information Manchester M3 3JZ Acts

T: +44 (0)161 839 7262 • maintain a register of data controllers F: +44 (0)161 832 5446 who have given notification under the E: [email protected] Data Protection Act to add new entries, www.olso.org or amend existing entries, on the register Office of the Legal Services Complaints Commissioner

• deal with requests for assessment Commissioner: made under the Data Protection Act, Ms Zahida Manzoor CBE with applications for decisions made under the Freedom of Information Act, 9.170 The Legal Services Complaints and to consider publication schemes Commissioner (the Commissioner) is submitted to the Commissioner by appointed by the Secretary of State for public authorities, and decide whether Constitutional Affairs under the Access to or not to approve each scheme. Justice Act 1999.

9.168 The Commissioner’s main office is in 9.171 The Commissioner’s role is to work Wilmslow, Cheshire, where just over 200 with the Law Society for England and Wales staff are employed. There are also smaller (the Society), on behalf of consumers, to offices in Wales, Scotland and Northern help the Society reach service standards Ireland. that the consumer could reasonably expect when complaining to the Society about a 9.169 During 2004/05, the Commissioner solicitor. received £4.5 million of funding from DCA for Freedom of Information activities, and 9.172 The Commissioner has the power to: 166 £8 million for Data Protection activities. The Data Protection funding was covered by • require the Society to provide income from notification fees, which were information or make reports about the surrendered to the Treasury. handling of complaints about its members

Contact details • investigate the handling of complaints

Information Commissioner • make recommendations Wycliffe House Water Lane • set targets Wilmslow Cheshire SK9 5AF • require the Society to submit a plan for the handling of complaints. T: +44 (0)1625 545 700 (Switchboard) T: +44 (0)1625 545 745 (Helpline) 9.173 If the Law Society fails to submit an

9 Other offices F: +44 (0)1625 524 510 adequate plan when requested, or fails to E: [email protected] handle complaints in accordance with the www.informationcommissioner.gov.uk plan, the Commissioner has the powers to levy a penalty under section 52(3) of the Access to Justice Act. This is set at a maximum of £1 million. Prior to a decision on any penalty being taken, the Society would have the opportunity to make representations to the Commissioner and engage in an agreed appeals mechanism before any judicial review. 9.174 The Commissioner has a website (www.olscc.gov.uk) which displays the Publication Scheme and makes available a number of key documents such as the Business Plan, Targets Document and guidance to assist the Law Society in drafting its plan.

9.175 The Commissioner’s office is in Leeds, West Yorkshire, where her staff are currently employed. During 2004/05 the Commissioner has received £1.41 million from DCA and the Law Society.

Contact details

Legal Services Complaints Commissioner 19th Floor 167 West Riding House Leeds LS1 5AA

T: +44 (0)113 261 5420 0845 565150 F: +44 (0)113 261 5440 E: [email protected] www.olscc.gov.uk 9 Other offices

10 Accounts Core Financial Tables explanation

Period Title Description covered Table 1 Total public spending for DCA Shows a summary of the Department’s total budget, 1999/00 to including spending by local authorities on functions 2007/08 relevant to the Department. Table 2 Resource budget for DCA Shows how the Department allocates and spends the 1999/00 to resources allocated to it by Parliament to deliver the 2007/08 services within its various responsibilities. Table 3 Capital budget for DCA Shows how the Department allocates and spends the 1999/00 to capital allocated to it by Parliament to deliver the services 2007/08 within its various responsibilities. Table 4 Capital employed by DCA Shows capital employed in meeting the Department’s 1999/00 to objectives. 2003/04 Table 5 Administration costs for DCA Provides a breakdown of the staff and other general costs 1999/00 to (including accommodation and other office costs) related 2007/08 to the running of the Department. Table 6 Staff numbers for DCA A staffing count for the DCA and its sister departments. 1999/00 to 2007/08 Table 7 DCA’s total spending by country Provides analysis of spending in each UK country and 1999/00 to 170 and region (over spread of years) nine regions of England. 2005/06 Table 8 DCA’s total spending per head by Provides analysis of spending per head of population in 1999/00 to country and region (over spread each UK country and nine regions of England. 2005/06 of years) Table 9 DCA’s total spending by function or Provides analysis of spending in each UK country and nine 2003/04 programme, by country and region regions of England, under each function of Government. (for latest outturn year, 2003/04) 10 Accounts Table 1

Department for Constitutional Affairs (DCA): total public spending £000 1999/00 2000/01 2001/02 2002/03 2003/04 2004/05 2005/06 2006/07 2007/08 outturn outturn outturn outturn outturn estimated plans plans plans outturn Consumption of resources: To promote the development of a modern, fair, cost- effective and efficient system of justice for all 2,212,451 2,691,168 2,862,613 3,181,142 3,016,247 3,184,073 3,503,607 3,593,178 3,640,184 To support the Secretary of State in discharging his role of representing Scotland in the UK Government, representing the UK Government in Scotland, and ensuring the smooth working of the devolution 171 settlement in Scotland 12,547 6,840 13,265 9,727 17,877 6,384 6,768 6,768 6,768 To support the Secretary of State in discharging his role of representing Wales in the UK Government, representing the UK Government in Wales, and ensuring the smooth working of the devolution settlement in Wales 1,468 2,703 2,538 3,132 3,042 3,929 3,913 3,913 3,913 Judicial Pensions Scheme 87,009 92,262 96,221 101,300 58,082 62,126 80,035 88,836 95,907 10 Accounts Total resource budget 2,313,475 2,792,973 2,974,637 3,295,301 3,095,248 3,268,005 3,593,939 3,692,695 3,746,772 of which: Resource DEL(i) 2,226,466 2,700,711 2,878,416 3,194,001 3,037,166 3,205,879 3,513,904 3,603,859 3,650,865 Table 1 (contd)

DCA: total public spending (continued) £000 1999/00 2000/01 2001/02 2002/03 2003/04 2004/05 2005/06 2006/07 2007/08 outturn outturn outturn outturn outturn estimated plans plans plans outturn Capital spending: To promote the development of a modern, fair, cost- effective and efficient system of justice for all 33,215 33,514 72,310 75,592 123,733 184,259 127,381 127,381 135,381 To support the Secretary of State in discharging his role of representing Scotland in the UK Government, representing the UK Government in Scotland, and ensuring the smooth working of the devolution settlement in Scotland 226 72 62 88 13 100 100 100 100 To support the Secretary of state in discharging his role of representing Wales in 172 the UK Government, representing the UK Government in Wales, and ensuring the smooth working of the devolution settlement in Wales 8 299 18 34 138 766 766 766 766 Judicial Pensions Scheme

Total capital budget 33,449 33,885 72,390 75,714 123,884 185,125 128,247 128,247 136,247 of which: Capital DEL(i) 33,449 33,885 72,390 75,714 123,884 185,125 128,247 128,247 136,247 Total public spending(ii) 2,424,836 2,782,597 3,001,723 3,325,789 3,165,341 3,390,392 3,604,282 3,698,058 3,755,135

10 Accounts (i) Departmental Expenditure Limits, set as part of the 2004 Spending Review (ii) Total public spending calculated as the total of the resource budget plus the capital budget, less depreciation

Spending by local authorities on functions relevant to the department: 1999/00 2000/01 2001/02 2002/03 2003/04 2004/05 outturn outturn outturn outturn outturn estimated outturn Current spending 334,446 344,722 377,142 379,217 417,379 377,555 of which: financed by grants from budgets, above 241,644 284,417 317,552 318,630 339,565 296,479 Capital spending 27,780 19,513 24,318 40,013 32,473 42,118 of which: financed by grants from budgets, above 25,820 22,437 32,850 43,839 34,809 44,719 Table 2

DCA: resource budget £000 1999/00 2000/01 2001/02 2002/03 2003/04 2004/05 2005/06 2006/07 2007/08 outturn outturn outturn outturn outturn estimated plans plans plans outturn Headquarters and associated offices 360,104 171,225 109,369 163,027 264,739 598,864 503,053 525,703 484,133 of which: Invest to Save Budget 500 1,925 1,439 690 Headquarters and associated offices 359,604 169,300 109,369 161,588 264,049 598,313 503,041 525,691 484,121 Judicial Pension Administration 551 12 12 12 Executive agencies 157,720 384,146 459,979 544,865 490,552 409,088 982,205 1,002,626 1,043,202 of which: HM Courts Service 979,000 999,321 1,039,272 Court Service 163,386 375,242 445,196 531,390 482,744 408,787 Public Guardianship Office 14,783 13,475 7,808 301 3,205 3,305 3,930 Public Trust Office –5,666 8,904 173 Local authorities: magistrates’ court grants 241,644 284,417 317,552 274,951 279,977 233,050 Publicly funded legal services 1,394,819 1,791,183 1,888,915 2,116,518 1,898,732 1,819,830 1,931,537 1,978,536 2,026,536 of which: Community Legal Service 781,000 863,014 988,155 689,037 749,564 799,907 833,909 833,909 Costs from central funds 44,504 39,592 48,971 39,535 65,768 45,000 45,000 45,000 45,000 Criminal Defence Service 976,930 1,088,828 1,143,927 1,025,266 1,086,630 1,099,627 1,147,627 Legal aid: criminal 1,350,315 970,591 Non-departmental public bodies 58,164 60,197 86,798 81,781 82,247 134,734 86,428 86,313 86,313 10 Accounts of which: Legal Services Commission: administration 58,161 60,193 79,907 73,455 80,686 124,734 81,428 81,313 81,313 Information Commissioner’s Office 3 4 6,891 8,326 1,561 10,000 5,000 5,000 5,000 Scotland Office 12,547 6,840 13,265 9,727 17,877 6,384 6,768 6,768 6,768 Wales Office 1,468 2,703 2,538 3,132 3,042 3,929 3,913 3,913 3,913 Judicial Pension Scheme 87,009 92,262 96,221 101,300 58,082 62,126 80,035 88,836 95,907 Total resource budget 2,313,475 2,792,973 2,974,637 3,295,301 3,095,248 3,268,005 3,593,939 3,692,695 3,746,772 Note: 2004/05 values are estimated outturn only and are expected to change. Table 3

DCA: capital budget £000 1999/00 2000/01 2001/02 2002/03 2003/04 2004/05 2005/06 2006/07 2007/08 outturn outturn outturn outturn outturn estimated plans plans plans outturn Headquarters and associated offices 991 7,885 12,131 2,414 21,784 71,870 41,500 41,500 41,500 of which: Headquarters and associated offices 991 7,885 12,131 1,314 7,884 71,870 41,500 41,500 41,500 HM Land Registry 1,100 13,900 Executive agencies 5,619 2,408 23,982 23,321 65,928 67,670 85,881 85,881 93,881 of which: HM Courts Service 85,881 85,881 93,881 Court Service 4,886 1,284 18,827 20,091 64,891 67,500 Public Guardianship Office 5,155 3,230 1,037 170 Public Trust Office 733 1,124 Local authorities: magistrates’ court grants 25,820 22,437 32,850 43,839 34,809 44,719 174 Non-departmental public bodies 785 784 3,347 6,018 1,212 of which: Legal Services Commission: administration 784 784 1,935 1,085 5 Information Commissioner’s Office 1 1,412 4,933 1,207 Scotland Office 226 72 62 88 13 100 100 100 100 Wales Office 8 299 18 34 138 766 766 766 766 Total resource budget 33,449 33,885 72,390 75,714 123,884 185,125 128,247 128,247 136,247

Note: 2004/05 values are estimated outturn only and are expected to change. 10 Accounts Table 4

DCA: capital employed £000 1999/00 2000/01 2001/02 2002/03 2003/04 outturn outturn outturn outturn outturn Fixed assets 1,332,342 1,355,085 1,550,781 1,583,793 1,732,515 of which: Land and buildings 1,284,650 1,293,567 1,471,725 1,517,064 1,604,260 Plant and machinery 43,053 57,670 76,021 66,729 128,255 Vehicles 4,639 3,848 3,035 Current assets 227,133 162,401 180,890 272,037 297,341 Creditors (<1 year) –241,688 –156,993 –200,958 –285,826 –301,149 Creditors (>1 year) –3,668 –2,259 –1,190 –7 –427 Provisions –296,149 –387,491 –437,466 –514,430 –33,571

Capital employed within main department 1,017,970 970,743 1,092,057 1,055,567 1,694,709

NDPB net assets 991 1,908 –6,239 –18,426 –8,881 Legal Aid Fund net assets (iii) –1,982,546 –2,140,966 –2,246,030 –2,593,461

Total capital employed in departmental group 1,018,961 –1,009,895 –1,055,148 –1,208,889 –907,633

(iii) Balance sheet information not available for Legal Aid Fund assets prior to 2000/01 175 10 Accounts Table 5

DCA: administration costs £000 1999/00 2000/01 2001/02 2002/03 2003/04 2004/05 2005/06 2006/07 2007/08 outturn outturn outturn outturn outturn estimated plans plans plans outturn Administration expenditure Paybill 55,367 61,415 61,731 75,458 107,114 125,512 145,298 147,011 146,845 Other 331,985 148,156 79,167 127,496 200,797 392,598 277,924 276,051 276,223 Total administration expenditure 387,352 209,571 140,898 202,954 307,911 518,110 423,222 423,062 423,068 Administration income –4,658 –470 –1,617 –332 –7,202 –9,711 –6,153 –6,153 –6,153 Total administration budget 382,694 209,101 139,281 202,622 300,709 508,399 417,069 416,909 416,915 Total administration expenditure by activity Headquarters 339,329 150,919 75,677 131,272 239,818 461,568 362,504 360,530 333,270 HM Courts Service 37,500 39,314 65,655 Court Service 31,053 32,706 40,072 47,239 41,130 32,570 Public Guardianship Office 23,532 24,111 19,761 14,261 17,065 17,065 17,990 Public Trust Office 12,312 25,476 176 Total administration budget 382,694 209,101 139,281 202,622 300,709 508,399 417,069 416,909 416,915

1999/00 2000/01 2001/02 2002/03 2003/04 2004/05 2005/06 2006/07 2007/08 outturn outturn outturn outturn outturn estimated plans plans plans outturn Scotland Office Paybill 1,976 3,281 3,753 4,368 4,193 3,982 4,288 4,288 4,288 Other 1,789 3,047 3,535 3,297 2,994 2,907 3,045 3,145 3,145 Administration income –79 –311 –690 –915 –894 –965 –965 –965 –965 Total administration budget 3,686 6,017 6,598 6,750 6,293 5,924 6,368 6,468 6,468

10 Accounts Wales Office Paybill 784 1,448 1,608 1,816 1,910 2,105 2,105 2,105 2,105 Other 684 1,264 939 1,325 1,142 1,833 1,817 1,817 1,817 Administration income –9 –9 –9 –10 –9 –9 –9 –9 Total administration budget 1,468 2,703 2,538 3,132 3,042 3,929 3,913 3,913 3,913

Note: 2004/05 values are estimated outturn only and are expected to change. Table 6

DCA: staff numbers £000 1999/00 2000/01 2001/02 2002/03 2003/04 2004/05 2005/06 2006/07 2007/08 actual actual actual actual actual estimated plans plans plans actual Department for Constitutional Affairs: CS FTEs 10,150 11,555 11,672 12,823 12,850 13,034 23,410 24,810 24,610 Overtime 120 109 104 109 98 98 98 98 98 Casuals 580 290 652 650 650 650 650 650 650

Total 10,850 11,954 12,428 13,582 13,598 13,782 25,250 25,558 25,358 Northern Ireland Court Service (iv): CS FTEs 638 655 691 710 740 752 765 743 737 Overtime 9 19 115 7 5 4 4 4 4 Casuals 20 37 2 1

Total 667 711 808 718 745 756 769 747 741 The National Archives: Public Record Office and Historical Manuscripts Commission CS FTEs 453 443 478 493 510 502 515 515 515 Overtime 10 10 12 14 14 14 14 14 14 177 Casuals 16 9 12 12 29 34 15 15 15

Total 479 462 502 519 553 550 544 544 544 Land Registry: CS FTEs 7,772 7,767 7,690 7,950 8,060 8,048 8,004 8,004 8,004

(iv) The staff of the Northern Ireland Court Service are not part of the Home Civil Service and therefore are not included in the Civil Service staffing count

Note: These figures do not include staff numbers for the Scotland Office or Wales Office, which can be found in the Scotland Office and Wales Office annual reports 10 Accounts Note for Tables 7 to 9

10.1 The spending data shown in these tables is consistent with the country and regional analyses (CRA) published by HM Treasury in Public Expenditure Statistical Analyses (PESA). PESA contains more tables analysed by country and region, and also explains how the analysis was collected and the basis for allocating expenditure between countries and regions.

10.2 The figures were collected about three months before the figures in the other tables, and therefore may not show the latest position.

178 Table 7

DCA: total spending by country and region (over spread of years) £ million 1999/00 2000/01 2001/02 2002/03 2003/04 2004/05 2005/06 outturn outturn outturn outturn outturn plans plans North East 92.0 108.2 108.3 127.1 134.8 152.3 134.0 North West 268.4 281.7 282.4 327.3 347.4 405.6 356.2 Yorkshire and Humberside 97.1 143.9 142.6 171.1 177.5 202.0 178.2 East Midlands 106.0 137.1 136.2 161.7 169.2 191.5 168.8 West Midlands 108.8 151.3 150.0 179.2 185.0 211.1 186.2 South West 133.5 167.0 166.2 196.5 204.3 230.5 203.0 Eastern 45.7 100.6 100.1 123.1 123.8 140.8 124.8 London 333.3 459.0 455.4 544.5 565.4 654.3 575.6 South East 247.3 279.5 280.1 327.0 340.4 389.2 342.8 10 Accounts Total England 1,432.0 1,828.3 1,821.4 2,157.5 2,247.9 2,577.1 2,269.5 Scotland 3.9 4.2 4.4 4.8 –1.4 –1.2 –0.9 Wales 112.3 147.3 146.1 173.6 180.9 203.7 179.5 Northern Ireland 0.5 0.6 0.6 0.7 -0.2 –0.2 –0.1 Total UK identifiable expenditure 1,548.7 1,980.4 1,972.5 2,336.6 2,427.2 2,779.4 2,448.0 Outside UK Total identifiable expenditure 1,548.7 1,980.4 1,972.5 2,336.6 2,427.2 2,779.4 2,448.0 Non-identifiable expenditure 206.0 302.0 394.0 477.0 473.5 275.4 475.2 Total expenditure on services 1,754.7 2,282.4 2,366.5 2,813.6 2,900.7 3,054.8 2,923.2 Table 8

DCA: total spending per head by country and region (over spread of years) £s per head 1999/00 2000/01 2001/02 2002/03 2003/04 2004/05 2005/06 outturn outturn outturn outturn outturn plans plans North East 35.9 42.4 42.6 50.0 53.1 60.0 52.9 North West 39.5 41.6 41.7 48.3 51.2 59.6 52.3 Yorkshire and Humberside 19.6 29.0 28.8 34.4 35.5 40.3 35.5 East Midlands 25.6 33.0 32.7 38.6 40.1 45.0 39.5 West Midlands 20.6 28.7 28.5 33.9 34.9 39.7 34.9 South West 27.5 34.2 33.8 39.8 41.1 46.1 40.3 Eastern 8.6 18.8 18.6 22.8 22.8 25.8 22.7 London 47.2 64.2 62.9 74.4 76.7 88.6 77.5 South East 31.3 35.1 35.1 40.8 42.3 48.2 42.2 Total England 29.3 37.3 37.0 43.6 45.3 51.7 45.3 Scotland 0.8 0.8 0.9 0.9 –0.3 –0.2 –0.2 Wales 38.7 50.8 50.3 59.7 61.9 69.3 60.7 Northern Ireland 0.3 0.4 0.4 0.4 –0.1 –0.1 –0.1 Total UK identifiable expenditure 26.5 33.7 33.5 39.5 40.9 46.7 40.9 179 10 Accounts totals 2,900.6 £ millions Not 473.5 identifiable Total 2,427.1 identifiable expenditure UK 0.0 Outside UK 2,427.1 identifiable expenditure –0.2 Ireland Northern Wales 180.9 –1.4 Scotland England 2,247.8 340.4 South East 565.4 London

180 123.8 Eastern 204.3 South West West 185.0 Midlands East 169.2 Midlands and 177.5 Yorkshire Humberside 347.4 10 Accounts North West 134.8 North East Table 9 DCA: total spending by function or programme, by country and region 2003/04) (for latest outturn year, Department for Constitutional Affairs General public services Public and common servicesTotal general public servicesPublic and safety order Administration of justiceTotal public and safety order Social protection 1.2Public sector occupational pensions 1.2 socialTotal protectionDUP 1.8 –0.2 133.8DUP 1.8 133.8Total DUP 346.6 1.4 –1.0 346.6 1.4Total for Department 176.7 176.7Constitutional –0.6 0.9 Affairs 168.7 –0.2 0.9 168.7 –0.4 1.5 184.4 –1.0 184.4 1.5 –0.9 203.9 203.9 1.2 –0.6 1.2 £000 123.6 –0.8 123.6 –0.4 0.0 1.1 0.0 565.0 565.0 0.0 –0.8 1.1 –0.9 340.0 0.0 340.0 2.7 0.0 –2.3 2,242.7 0.0 2.7 2,242.7 –0.8 0.0 2.2 0.0 –1.8 0.0 0.0 2.2 0.0 –0.8 14.0 0.0 –8.8 180.7 0.0 180.7 14.0 0.0 –2.3 0.0 –1.4 0.0 0.0 0.0 0.0 –1.8 0.0 0.0 2,423.4 2,423.4 –0.4 0.6 0.0 –8.8 0.0 0.6 0.0 0.0 –0.2 0.0 0.0 2,423.4 –1.4 0.0 2,423.4 0.0 0.0 –10.8 0.0 489.0 14.6 489.0 –0.4 0.0 2,912.4 14.6 0.0 2,912.4 0.0 0.0 0.0 –0.2 –10.8 0.0 0.0 0.0 0.0 –10.8 14.6 14.6 0.0 0.0 0.0 0.0 0.0 2.0 –10.8 2.0 0.0 –10.8 0.0 16.6 0.0 16.6 0.0 0.0 0.0 0.0 –10.8 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 –17.5 0.0 –17.5 –17.5 –17.5 0.0 Departmental Investment Strategy Recommendation: Improve the Appellate Authority’s speed in handling appeals, and 10.3 The Department faces a major hence reducing costs for the taxpayer in challenge in 2005/06 in bringing the Court supporting asylum seekers until their appeal Service together with the magistrates’ is determined. courts to form the new Her Majesty’s Courts Service, and this will form the major fixed Response: We accept the importance of asset base of DCA. The investment strategy improving the speed in handling appeals is based upon ensuring most efficient use of and had already acted on this through the and improving the quality of the estate, and introduction of the new Asylum and exploring opportunities to generate funding Immigration Tribunal on 4 April 2005. The from its assets for reinvestment. It will also new system will reduce DCA’s appeal look for opportunities for asset disposals in process times for new cases to an the medium term in parallel with a number expected maximum of 18 weeks. of schemes to provide new accommodation. Recommendation: DCA should compare legal aid costs in the UK with other 10.4 The Department will continue to countries. implement core IT across the courts to 181 modernise the ways in which services are Response: We accepted this provided to our customers. A programme recommendation and have started has been established to oversee re- comparing legal aid costs with other competition of several IT contracts, which countries by obtaining and analysing the are due to expire between 2006 and 2008. relevant information, including volumes and We expect to streamline the contracts to local structures. We will be comparing the meet better the evolving needs of the different legal systems and arrangements Department in coming years. for dealing with asylum applications and take into account the whole system costs – 10.5 The Department will publish its full not simply those relating directly to legal aid Departmental Investment Strategy which and its equivalents. We are aiming to will be available on the DCA website. complete this work by July 2005.

10.7 The complete version of the Public Public Accounts Committee Accounts Committee’s recommendations

recommendations to departments and Home Office/DCA’s joint formal 10 Accounts response is in the Treasury Minutes 10.6 The House of Commons Committee of published in April 2005 and can be Public Accounts’ Fourth Report of Session accessed at: www.official-documents.co.uk/ 2004–2005 on Improving the speed and document/cm64/6496/6496.pdf quality of asylum decisions was published on 8 February 2005. The report lists ten 10.8 The full Public Accounts Committee recommendations, two of which are directed report published on 8 February 2005 can be solely at DCA: accessed at: www.publications.parliament.uk/ pa/cm200405/cmselect/cmpubacc/ 238/238.pdf DCA: numbers of Senior Civil Service staff by payband

Employee numbers Pay ranges Recruitment and Progression performance Payband Distinct grade Total Minimum £ target rate £ ceiling £ 1 Senior Civil Service payband 1 24 54,788 76,156 115,616 Senior Civil Service payband 1 (London) 52 58,288 79,656 Senior Civil Service payband 1A 7 63,555 85,469 126,627 Senior Civil Service payband 1A (London) 24 67,055 88,969 182 1 Total 107 Senior Civil Service payband 2 34 75,607 101,905 159,659 2 Total 34 Senior Civil Service payband 3 5 93,139 132,586 198,197 3 Total 5 Grand total 146 10 Accounts Public appointments

Details of appointments and re-appointments made in 2004/05 to non-departmental public bodies.

Name of body Number of chairs Number of members Notes Legal Services Commission 0 2 Information Commissioner 0 0 Insolvency Rules Committee 1 2 Criminal Procedure Rule Committee 1 18 Family Procedure Rule Committee 1 16 Civil Procedure Rule Committee 0 5 Crown Court Rule Committee 0 4 183 Land Registration Rule Committee 0 0 Courts Boards 42 246 Family Justice Council 1 18 Judicial Appointments New body for 2006 – no Commission 0 0 chair or members yet Advisory Council on General Commissioners of Income Tax 1 3 Advisory Council on JPs in England (excluding Duchy of Lancaster) and Wales 1 118 Advisory Council on JPs in Lancashire, Greater Manchester and Merseyside 0 0 10 Accounts Advisory Council on National Records and Archives 0 17 Legal Services Consultative Panel 1 4 Council on Tribunals 0 2 Law Commission 0 2 Civil Justice Council 0 0 Strategic Investment Board 0 1 The Boundary Commission, Scotland 0 0

More details can be found on the Cabinet Office website at: www.knowledgenetwork.gsi.gov.uk/ndpb/ Spending Review 2000: performance Of the nine PSA Targets, Target 8 received its final assessment in the DCA Departmental Report 2003/04, while Targets 1, 2, 3, 4, 7 and 9 were concluded in the DCA Autumn Performance Report 2004.

Objective 2: To improve people’s knowledge and understanding of their rights and responsibilities, including how to resolve disputes that affect them in a way and at a cost proportionate to the issue at stake.

Target 5: Reduce the proportion of disputes which are resolved by resort to the courts Outturn for 2004/05: Met – The baseline figure drawn from the first National Legal Needs Survey conducted in 2001, is that 13.8% of disputes resolved are currently resolved with the use of court processes. The second survey was conducted between April and August 2004. 184 The target measure for the Spending Review 2000 PSA Target 5, as derived from the second survey, is 7.9%. This decrease is substantial and significant.

Supporting measures Latest outturn for 2003/04

To extend the coverage of integrated local Final outturn reported in Community Legal Service Partnerships to Autumn Performance Report 2004. 100% of the population in England and Wales by March 2004. To increase the number of disputes resolved Final outturn reported in Autumn Performance with funding from the Community Legal Service Report 2004. through alternative dispute resolution, including mediation. 10 Accounts Objective 3: To improve the availability of affordable and good quality legal services so that the law underpins economic success at home and abroad, and that the use of public funds secures greater social justice and reduces social exclusion. Target 6: Increase the number of people who: • receive suitable assistance in priority areas of law, involving fundamental rights or social exclusion, by 5% by 2004; and • secure year-on-year increases of at least 5% in the number of international legal disputes resolved in the UK.

Measures Latest outturn for 2003/04

Receive suitable assistance in priority Not met – The baseline figure for this target, areas of law, involving fundamental rights or drawn from the first National Legal Needs social exclusion, by 5% by 2004 Survey conducted in 2001, is 31 problems per thousand of the population per annum received suitable assistance. To meet the target, 32.5 185 problems per thousand should receive suitable assistance in priority areas of law. The second survey was conducted between April and August 2004. This indicated that suitable assistance was obtained for 29.8 problems per thousand. The absolute number of people receiving suitable assistance has fallen because the number of problems reported by respondents to the survey has fallen. However, the proportion of people with problems who obtained suitable assistance has increased significantly. Secure year-on-year increases of at least 5% Final outturn reported in Autumn in the number of international legal disputes Performance Report 2004. resolved in the UK. 10 Accounts

Annexes Annex A

DCA organisational chart

The Rt Hon Lord Falconer of Thoroton QC1 The Secretary of State for Constitutional Affairs and the Rt Hon Lord Justice Judge1 Lord Chancellor Deputy Chief Justice of England and Wales

Alex Allan1 Trevor Hall CBE1 Permanent Secretary Non-Executive Director

Sir Peter Bonfield CBE1 Non-Executive Director

Hon Barbara Thomas CBE1 188 Non-Executive Director

John Lyon CB1 Rod Clark1 Barbara Director General 1 Director General Moorhouse Legal and Judicial Director General Strategy Services Finance

Jane Frost Liz Grimsey 1 Lucian Hudson Alan Cogbill Director Judicial Policy Director Consumer Director Principal Finance Strategy Clare Pelham Communications Officer Director Judicial Andrew McDonald Appointments and Legal Colin Lyne Director Constitution Services Commercial Director Amanda Finlay Nick Smedley Facilities Management Director Legal Aid Corporate Diversity Review Alan Rummins Director Kevin Sadler Head of Internal Audit Annex A Director Corporate Richard Heaton Legal Advisor Management

Debora Matthews David Thompson Executive Director Judicial Studies Board Acting Chief Executive Public William Arnold Guardianship Office Secretary to the Commissions for Judicial Appointments Laurence Oates Official Solicitor Zahida Manzoor CBE and Public Trustee Legal Services Ombudsman & Legal Services Complaints Commissioner

Alison Jackson Jim Wildgoose Hugh Macdiarmid Peter Collis Director Director Solicitor to the Advocate Chief Land Registrar and Chief Wales Office Scotland Office General for Scotland Executive, HM Land Registry

1 Ministerial Executive Board Member. 2 The organisational chart reflects the transitional arrangements prior to the planned departure of Ian Magee on 30 September 2005. The Rt Hon Harriet Baroness Ashton Bridget Prentice MP1 Harman QC MP1 of Upholland1

Ian Magee CB1,2 Second Permanent Secretary and Chief Executive Operations Head of Profession for Operational Delivery across Whitehall

189

1 Clare Dodgson1 Sir Ron De Witt1 Moira Wallace Peter Handcock CBE Chief Executive Chief Executive Chief Executive Chief Executive Legal Services Office of Criminal Tribunals Service HM Courts Service Commission Justice Reform

Neil Ward Brian Harvey Director Crime Helen Dudley CBE Corporate Service Human Resources Mark Ormerod Director Director Director Civil and Family Mike Jeacock Annette Vernon CBE Alan Fenton Service Delivery e-Delivery Director Estates Director Director

Philip Lloyd Richard Collins Resources Director Policy and Clare Sumner Planning Director Annex A Performance Director Jonathan Lindley Regional Director for: Service Design Midlands – Alan Eccles Director North East – Steven Caven North West – Chris Mayer South East – Kevin Pogson London – Nicola Baston Wales – Nick Chibnall South West – Peter Risk Eddie Bloomfield HM Inspectorate of His Honour Judge Jeff Blackett Office of the Judge Court Administration Advocate General

Richard Thomas Sarah Tyacke David Lavery Ray Burningham Steve Humphreys Information Chief Executive Director Northern Ireland Acting Secretary Chief Executive Commissioner National Archives Court Service Council of Tribunals Law Commission Annex B

Mapping Spending Review 2002 and Spending Review 2004 PSA Targets

SR2002 SR2004

Target 1: Improve the delivery of justice by Target 1: Improve the delivery of justice by increasing the number of crimes for which increasing the number of crimes for which an an offender is brought to justice to 1.2 million by offender is brought to justice to 1.25 million by 2005/06; with an improvement in all Criminal 2007/08. (Shared CJS target). Justice System areas, a greater increase in the worst performing areas and a reduction in the proportion of ineffective trials. Target 2: Reassure the public, reducing the fear of crime and anti-social behaviour, and building confidence in the Criminal Justice Target 2: Improve the level of public confidence System without compromising fairness. in the Criminal Justice System, including (Shared CJS target.) increasing that of ethnic minority communities, and increasing year on year the satisfaction of victims and witnesses, while respecting the rights of defendants. Target 3: Reduce unfounded asylum claims as part of a wider strategy to tackle abuse of the immigration laws and promote controlled legal migration. Target 3: Reduce the proportion of disputes (Joint with Home Office.) 190 which are resolved by resort to the courts.

Target 4: By 2009/10, increase the proportion Target 4: Taken Increase year on year the level of of care cases being completed in the courts forward satisfaction of users by taking speedy, high- within 40 weeks by 10%. quality decisions and reducing unnecessary through delay and cost, and by ensuring that outcomes HM Court are enforced effectively. Service Target 5: To achieve earlier and more proportionate resolution of legal problems Target 5: Focus the asylum system on those and disputes by: genuinely fleeing persecution by taking speedy, ß increasing advice and assistance to help high-quality decisions and reducing significantly people resolve their disputes earlier and unfounded asylum claims, including by: more effectively; ß fast turnaround of manifestly unfounded ß increasing the opportunities for people cases; involved in court cases to settle their ß ensuring by 2004 that 75% of substantive disputes out of court; and asylum applications are decided within ß reducing delays in resolving those disputes 2 months; and that a proportion (to be that need to be decided by the courts. determined) including final appeal, are decided within 6 months; and Annex B ß enforcing the immigration laws more effectively by removing a greater proportion of failed asylum seekers.

Target 6: Increase year on year the number of people who receive suitable assistance in priority areas of law involving fundamental rights or social exclusion.

Target 7: Increase value for money from the Criminal Justice System by 3% per year, Efficiency taken forward increasing efficiency by at least 2% a year, through Government’s including the delivery of legal aid. agreed efficiency targets Photographs reproduced by permission of:

Alamy – Chapters 2, 4, 7 headings, pp. 64, 70

Third Avenue – Chapter 5 heading

Id8 Photography – pp. 36, 43, 79

Photofusion – p. 45

John Birdsall – p. 50

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