Three-quarters of magistrates courts in England and Wales are inadequately accessible for people with disabilities, with a lack of ramps, inaccessible toilets and non-functioning hearing loops all featuring as failings.
An on-the-ground survey carried out by the Magistrates’ Association assessed the accessibility of 57 buildings – more than a third of magistrates courts – and found a plethora of problems.
Only one building was found to be “good” across all areas assessed, which included magistrate entrances, car parks and public areas.
In three out of 10 courts, disabled magistrates were restricted from sitting in certain courtrooms or even entire buildings due to accessibility failings or delays in repairing vital facilities such as lifts.
The association said that, by restricting where its members could sit or where trials could take place, the failings adversely affected court capacity and efficiency, and undermined the government’s efforts to improve diversity and inclusion in the magistracy.
Mark Beattie said he found the report shocking and concerning. The national chair of the Magistrates’ Association said: “People considering applying to be magistrates are required to undertake pre-application visits to a court. Imagine turning up and not being able to observe a session because you cannot get into the building or a specific courtroom.
“The range of problems disabled magistrates experience on a daily basis is also of great concern. Equal access for all is surely a fundamental tenet of our justice system and yet our research shows that insufficient funds have been spent to deliver this.”
More than nine in 10 criminal cases are resolved in magistrates courts. Given the backlog of cases in magistrates courts, which stood at 347,769 in April, the association said anything preventing its members from fulfilling their role must be rectified to ensure timely administration of justice.
The report, published on Monday, found accessibility was poorer in areas accessed by magistrates than in public areas. For example, while one in 10 court buildings did not have an accessible toilet for the public, this rose to one in three in magistrates’ areas.
In almost a fifth of courts surveyed, disabled magistrates had to use the public entrance due to a lack of an accessible judicial entrance. This often necessitated security personnel accompanying them on arrival and exit because of the risk.
A magistrate who is a wheelchair user said: “When I have been doing trial courts and we’ve had some unhappy attendees, I feel very vulnerable leaving through the main entrance.”
Another reported that they “tend to stay in the court and the retiring room for the whole day while my other bench colleagues go out for lunch or into town. Because it’s an inconvenience to other people, I prefer to stay on my own until they return.”
The report also found signage was missing from about a quarter of public areas, which can adversely affect neurodivergent people or people with learning difficulties, and fewer than half of courts had a working hearing loop.
Recommendations by the association to address the problems identified include an accessibility audit of all courts, an accessibility guarantee, with a deadline for achieving it, and investment.
An spokesperson for His Majesty’s Courts and Tribunals said: “Ensuring that everyone is able to fully access our courts is vital for open justice, which is why we have invested over £184 million in the two years to April 2023 to maintain our buildings and improve accessibility.
“While improvements are still needed to bring parts of our estate up to the high standards we strive for, our significant investment in upgrades will ensure that nobody is excluded from seeing justice done.”
