Government rejects full review of County Court system amid growing backlog

The government has declined calls for a full review of the County Court system, despite the Commons Justice Committee condemning what it described as “a dysfunctional operation that has failed to adequately deliver civil justice across England and Wales.”

The Labour government has responded to the committee’s report, claiming a review is not needed, as they do not want a delay, but are taking “practical steps to improve the County Court system.”

The news comes after the government claimed the courts are ready to handle the Renters’ Rights Bill, though the National Residential Landlords Association (NRLA) warns of an “inevitable avalanche” of possession claims when the bill comes into force.

Justice delayed is justice denied

According to Ministry of Justice data, landlords face the longest wait for possession in over two years.

The average wait for a landlord in the second quarter of this year was 33.8 weeks – almost eight months, up from 32.5 weeks in the first quarter, marking the longest average wait since early 2022, when it peaked at 37.8 weeks.

The Commons Justice Committee report says the current levels of delay in the County Court system is “unacceptable.”

The report says: “Justice delayed is justice denied’ has never been more relevant to the work of the County Court: the current level of delays is unacceptable. Whilst we recognise the pandemic significantly contributed to the backlog in cases, the available data clearly shows it only exacerbated existing trends.

“The rising caseload, and increased delays were in motion before 2020, and post-pandemic there has been little by way of improvement.

“The County Court is a dysfunctional operation that has failed to adequately deliver civil justice across England and Wales. It is the ‘Cinderella service’ of the justice system.”

Full review is unnecessary

The Commons Justice Committee recommended a full, urgent, and comprehensive root-and-branch review of the County Court. However, the government says a full review is unnecessary and that it is working on improving the system.

The government says in the report: “Rather than focusing on a root-and-branch review of the County Court, the government is keen to focus on taking tangible and practical steps to improve the operation of the County Court, which will benefit everyday users, without further delay.

“We are already seeing these measures bear fruit with improvements to the timeliness of claims that got to trial, improving call waiting times, growth in small claims mediation, and further improvements to case management and file transfer systems.”

The government claims new digital services will provide support in accessing “swifter access to justice with reduced processing time” and “a new digital possession service for all possession claims in England and Wales.”

Industry reaction to report

However, David Smith, property litigation partner at Spector Constant & Williams, says the government’s response to the report does not address the issues in the County Court system and warns that with the Renters’ Rights Bill approaching, the court system must be prepared:

He said: “The government’s response feels more like an effort to keep the lights on than a real attempt to fix deep-rooted issues in the civil justice system.

“While digitisation has its place, it cannot by itself address the fundamental resourcing and structural problems the County Court faces. With the Renters’ Rights Bill set to increase workloads further, there’s an urgent need for more decisive action to build confidence and ensure the system can cope with what’s coming.

“The legal profession will be watching closely to see whether the government’s current programme of reforms can deliver meaningful improvement, or whether, as many fear, a more comprehensive review will soon prove unavoidable.”

Timothy Douglas, head of policy and campaigns at Propertymark, tells Property118 that the government must do more to speed up the court system, warning that the Renters’ Rights Bill threatens to overwhelm it.

He said: “The House of Commons Justice Committee’s report highlights the growing pressures on the County Court system, pressures that will only intensify with the introduction of the Renters’ Rights Bill.

“Court delays are already impacting agents, landlords, and tenants, with possession claims and dispute resolution taking far too long. The Bill, while aiming to strengthen the rights of renters, risks overwhelming a justice system that is under-resourced and already operating at capacity.”

He adds: “Letting agents want to see the tenancy reforms matched with urgent investment in County Court infrastructure, particularly in staffing, digital case management, and regional capacity, as well as a greater use of High Court enforcement to help tackle delays. These are all issues Propertymark outlined in our written evidence to the Committee.

“As a matter of urgency, the UK government must put in place procedures to improve and speed up the court procedure for possession claims, and this should be achieved with consultation with service users such as private landlords, letting agents, and tenants.”