HC Deb 26 February 2004 vol 418 cc535-6W
Vera Baird

To ask the Parliamentary Secretary, Department for Constitutional Affairs what guidance is given to district judges about how to manage cases in the small claims track in which one party is represented and the other not. [155381]

Mr. Leslie

Judicial training is the responsibility of the Judicial Studies Board (JSB), an independent body chaired by Lord Justice Keene. The JSB provides written guidance to district judges on the conduct of small claims cases in its Civil Bench Book and on the particular needs of litigants in person in its Equal Treatment Bench Book. Both publications are publicly available via the JSB's website. They are supplemented by a video on the needs of litigants in person. The video is used as a an aid to syndicate discussion on the Civil Continuation Seminar. All district judges attend a Civil Continuation Seminar at three-yearly intervals.

Vera Baird

To ask the Parliamentary Secretary, Department for Constitutional Affairs what guidance is given to the management of the small claims track about the availability of free legal advice to litigants in the court building. [155385]

Mr. Leslie

In 2001 all civil and family courts in England and Wales gained a Quality Mark under the Community Legal Service (CLS) scheme. This confirms that those courts are committed to improving public access to quality information and legal services, by promoting the services of the CLS.

This involves as a minimum, active signposting and referring people to the CLS directory, but many courts go much further by including reference to the CLS helpline and the 'Just Ask!' Website in leaflets, posters and court correspondence. The allocation questionnaire (a form prescribed by rule) that seeks case management information from the parties currently does not specifically refer to the CLS. In addition a small claims leaflet is sent with the hearing notice, but again there is no reference to free legal advice or where it can be obtained.

The Court Service is working in partnership with the Legal Services Commission and work is already under way to improve public awareness as to where they can obtain free legal advice. That work includes a full review of computer-produced documentation and forms and two pilot schemes. One pilot is providing from court premises up to 30 minutes FREEFONE access to solicitors and advice agencies and the other is establishing an improved and more pro-active level of information service under the CLS scheme.

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