A leaked report has found it took several years for HMCTS to react to an IT bug that caused evidence to go missing, be overwritten or appear lost. Sources within HMCTS claim that judges in civil, family and tribunal courts will have made rulings on cases when evidence was incomplete as a result.
The internal report, leaked to the BBC, said HMCTS did not know the full extent of the data corruption, including whether or how it had impacted cases, as it had not undertaken a comprehensive investigation. The report also found judges and lawyers had not been informed, as HMCTS management decided it would be "more likely to cause more harm than good".
Responding, Bar Council Chair Barbara Mills KC said: “We’re alarmed by the news that this bug may have caused miscarriages of justice. We need an urgent and comprehensive investigation to establish any potential impact on case outcomes and particularly whether emergency child protection cases have been affected.
“This is just the latest in a series of issues with the courts’ IT systems which it’s now apparent are affecting the entire justice sector due to lack of investment. The Legal Aid Agency cyber incident continues to severely impact barristers and solicitors. Many £100s of millions were spent on Common Platform as part of the Court Reform Programme which did not deliver. Similarly, the online probate service ‘fell over’ and had to be pulled while it was fixed.
“Given this long list of problems, the Ministry of Justice should undertake an audit of all its IT systems so that any problems can be proactively identified and addressed rather sticking plasters being used as and when these issues come to light.
“If there was a bug in an NHS system which resulted in people being given incorrect diagnoses or in the education system meaning people received the wrong exam results, it would be fixed immediately. Justice is a vital public service and the decisions made in the system can have just as significant an impact on people’s lives. Our IT systems must be fit for purpose before they are implemented.”