5 days ago
Courts service ‘covered up' IT bug that led to missing evidence
The courts service has been accused of 'covering up' an IT bug which caused evidence to go missing.
A leaked HM Courts & Tribunal Service (HMCTS) report found it took several years to react to the flaw which sources claim meant judges in civil, family and tribunal courts made rulings on cases when evidence was incomplete.
In what has been likened to the Horizon Post Office scandal, the report, which was leaked to the BBC, said HMCTS did not know the full extent of data corruption.
HCMTS has insisted its investigation has since found 'no evidence' that any case outcomes were affected as a result of the technical issues.
But Sir James Munby, the former head of the High Court's family division, described the situation as a 'scandal' and 'shocking'.
'These hearings often decide the fate of people's lives,' Sir James Munby told the BBC.
'An error could mean the difference between a child being removed from an unsafe environment or a vulnerable person missing out on benefits.'
Alex Chalk, the former Lord Chancellor, told BBC Radio 4's Today programme he was 'incredibly troubled' at the supposed cover-up and called for a 'root and branch review'.
The bug was detected in case management software used by HMCTS, which administers many courts in England and Wales and tribunals across the UK.
It was used by judges, lawyers, case workers and members of the public – all of whom were not aware of the issue.
The bug caused data to be obscured from view, meaning evidence was not visible as part of an uploaded case file to be used in court, the BBC reported.
The Social Security and Child Support (SSCS) Tribunal – which handles benefit appeals – is thought to have been most affected, but sources said courts dealing with family, divorce, employment, civil money claims and probate would also have been impacted.
'They're worried about people finding out'
One source told the BBC there was 'general horror' at the design of the software, which was introduced in 2018.
Another claimed senior management was not willing to 'acknowledge or face the reality' of the situation, despite repeated warnings from the agency's IT staff.
'There is a culture of cover-ups,' one said. 'They're not worried about risk to the public, they're worried about people finding out about the risk to the public. It's terrifying to witness.'
One employee was so concerned about the scope of an internal investigation taking place that they raised a formal whistleblower complaint.
The report that followed, which is the one that was leaked, found there had been 'large-scale' data breaches that should have been addressed 'as soon as they were known'.
However, it found HMCTS had taken several years to respond.
A spokesman from HMCTS said: 'Our internal investigation found no evidence that any case outcomes were affected as a result of these technical issues.
'The digitisation of our systems is vital to bring courts and tribunals into the modern era and provide quicker, simpler access to justice for all those who use our services.
'We will continue to press ahead with our important modernisation.'