Re: Response to HMCS Proposal to Close the Vale of Glamorgan Magistrates’ Court in Barry

As the local Assembly Member for the Vale of Glamorgan I am writing in response to the proposal to close the Barry Magistrates’ Court in my constituency.  I am opposed to this proposal on the basis of the evidence that I am presenting in this response.

The Vale Court is a modern and highly effective court open five days a week with work covering the full range of court business, (Adult, Youth, Family, Domestic Violence, Council Tax, DVLA, DRR, Fines, TV Licence, HM Customs and Excise Prosecutions and British Transport Prosecutions,) and ranks amongst the highest performing courts in England and Wales.  

There has been considerable public capital investment in the Court in recent years to ensure the very best facilities and highest standards of security are available for victims and witnesses.   The Court meets all the requirements of a modern courthouse including access requirements for court users and magistrates under the Disability Discrimination Act regulations, with a £1.9 million investment to install a lift and hearing loop facilities, as well as additional refurbishments in facilities for the Court.

It is also one of the few Courts in England and Wales which provides provision for witnesses and victims for separate external entrances, and inside, segregated access to WCs and courts. 

The evidence from the Bench, Vale of Glamorgan Council, and those in the legal profession, is overwhelming in terms of the quality and quantity of work undertaken by the Vale Court, and having consulted widely with local partners and criminal justice practitioners, I strongly believe that its closure would not be in the best interests of local justice.

Deprivation in Barry supporting the need for a local, visible justice system in the Vale of Glamorgan.

The Vale of Glamorgan is an extremely diverse constituency, especially in terms of economic well being.  The Vale Court is situated in the town of Barry, which is the largest town in Wales with a population of over 50,000.   The Welsh Index of Multiple Deprivation 2008 has highlighted a number of Barry wards as amongst the most deprived in Wales.  For example, in terms of Income Deprivation and Employment Deprivation Gibbonsdown (2) ward is ranked 61 and 126 respectively and Cadoc (3) ward is ranked 23 in terms of Community Safety Deprivation.

Barry’s deprivation has also been acknowledged by the Welsh Assembly Government which declared it an area for Strategic Regeneration in March 2010-(1 of only 7 Strategic Regeneration Areas in Wales.)  The granting of this status is for the benefit of the whole town to improve economic and social well being.  Community Safety will play a key part in that investment.

It is my belief therefore, that the closure of the town’s court would not assist in these objectives and would certainly not help to break the cycle of deprivation that exists in the Vale’s centre of population.

Furthermore, with Barry’s recent recognition as an area for Strategic Regeneration and the Barry Waterfront development, as well as the prospect of the nearby St Athan Defence Technical College and Aerospace Business Park development, a significant influx in the local population is expected and the Vale of Glamorgan will need more than ever a local, visible and viable justice system to meet the extra demand.

 Travel

Page 4 of the Proposal on the provision of Court Services in Wales Consultation paper, states that:

 “Court users should not have to make excessively long or difficult journeys to attend court”

It is my belief that if the Barry Court was to close, court users in the Vale of Glamorgan, in particular those with disabilities or on low incomes would inevitably be forced to make long, difficult journeys in order to access justice outside their constituency. 

Consider for example, that the travel time from Barry to Cardiff Central on the 94 bus service can take over an hour without factoring in the additional commute to Cardiff Magistrates Court itself which is situated outside the City Centre.  The actual time court users will spend travelling to court therefore, would exceed the 60 minutes recommended in the National Estates Strategy. 

Page 3/4 of the Proposal on the provision of Court Services in Wales document also states that it is necessary to:

 “…ensure the estate supports the challenges of rural access…We need to ensure that local communities, including those in rural areas, have access to a court”

It should be stressed that the Vale of Glamorgan is a very rural area comprised of a significant number of villages, which without a car, are difficult to access via public transport.  For those court users trying to factor in childcare commitments around the commute to court and for those users with a disability, I fear that travelling out of the Vale would not only be difficult, but perhaps even impossible.

Furthermore, with unemployment at the end of last year at 4,400 in the Vale of Glamorgan (up approximately 500 from the previous year)   and around 80% of defendants not in work, I am concerned that these individuals will simply not be able to afford the return fares to court.  The inconvenient and difficult nature of travelling out of the Vale to access Cardiff Magistrates’ Court would I fear, also impact upon court attendance and punctuality and could see a rise in Arrest Warrants for defendants who fail to surrender to bail in Cardiff.  All of which would place additional pressure and costs on the police as well as the efficiency of Court work.  

Instead of travelling into Barry Magistrates’ Court to provide witness testimony for example, police officers would have to travel to Cardiff, reducing the amount of time available to them to perform their invaluable services to the communities which they serve.  My constituents pay for this service and as a result it would be their pockets which these changes affect. 

Whilst it is important that the criminal justice systems (as all Government departments and agencies) ensure that their budget is as efficiently spent as possible, I would draw to your attention the fact that if this proposal is implemented; substantial additional costs will be borne by my constituents.

At present, Barry Magistrates’ Court is ideally situated to administer local justice to the residents of the Vale of Glamorgan both urban and rural.  The Vale of Glamorgan is the strategic authority responsible for transport links, the provision of social services and community safety as well as regeneration and well being.  The closure of the Barry Magistrates’ Court would mean that the Vale of Glamorgan Local Unitary Authority would be the only authority in Wales without a Courthouse.

Specialist Domestic Violence Court Status

Domestic Abuse is known to be a hidden crime which is difficult to quantify.
1800 incidents of domestic violence are recorded each year in the Vale of Glamorgan but as this figure does not take into account unreported incidents, it is sadly likely to be far higher.

In 2008, Barry Magistrates’ Court was awarded Specialist Domestic Violence Court status.  It is the only Court in the area that has its own separate entrance which is key coded for use by witnesses only. In Cardiff Magistrates’ Court for example, witnesses whether Defence or Crown sit in the same room and use the same entrance, eat at the same café and use the same lifts.

To return to the topic of travel, I also have some serious concerns over the prospect of victims/witnesses and defendants potentially travelling to Cardiff Magistrates’ Court together on the same public transport.  For domestic violence victims in particular, this poses a worrying safety risk and the potential for intimidation which might prevent these vulnerable individuals from giving evidence which could see their attackers prosecuted.  I am also concerned that the fear and stress of encountering their attacker or their attacker’s family and friends whilst accessing the court, would prevent many victims from reporting domestic violence crimes in the first place.

I fully support the evidence presented by Atal y Fro, the specialist organisation supporting the victims of domestic abuse in the Vale of Glamorgan, who make it clear that the SDVC is absolutely critical in ensuring justice for domestic violence victims and helping them to reclaim their lives. 

Delays

I am also concerned that there could be a considerable wait for hearings following the closure of courts in Wales.  With the substantial additional work from the Vale Court, it could surely be anticipated that the Cardiff Court would take longer to schedule and hear cases.  The emotional impact this would have on defendants awaiting a hearing or victims awaiting the outcome of a trial (and also the families of these individuals,) would be exacerbated by the delays this proposal would cause.

Indeed, Barnardos Cymru recently expressed its fears in the local press that vulnerable children in Wales are currently waiting more than a year in unstable homes and emergency foster placements before the courts decide if they will be taken into care.  The closure of Barry Magistrates’ Court will not aid the Vale of Glamorgan Council Social Services Department in its responsibilities for child protection.  A backlog of cases will have to be absorbed by the Cardiff Magistrates’ Court with potentially harmful and deeply worrying consequences for vulnerable children in Wales.  The proximity of the Magistrates’ Court to the Vale of Glamorgan Social Services Child Protection team has proved essential in the delivery of justice through the Family Court for the benefit of vulnerable children and families.

Legal Service Firms Monopoly

On another note, if this proposal goes ahead, there are concerns that Legal Service Firms within Cardiff will gain a substantial competitive advantage over firms based within the Vale as they will be able to charge less for travel time to the local Court than firms in the Vale.  If we assume the standard hourly fee of a solicitor to be £120 per hour then the additional travel time for Barry solicitors of a minimum of 30 minutes in each direction will increase the costs associated with mounting a defence by £120 in addition to disbursements relating to parking.  Furthermore, since courts commence at 10am,  solicitors using their own cars could hit rush hour traffic and with parking within the city centre of Cardiff being as difficult as it is, this could (very easily) double that additional cost to £240.  In comparison, Barry Magistrates’ Court is within walking distance of almost all law service firms in Barry and offers ample free parking for those firms whose staff are required to travel to the Court. 

Court Costs

I have been informed that the information contained within the Proposals in terms of the Vale Court’s Costs is unhelpful and its validity questionable.  For example, the unexplained inclusion of the need to replace the windows, (which I understand to be adequate as they are) at a cost of £805,000, and the resurfacing of the car park at £34,250 without any supporting data, has created some concern that instead of trying to save money, HMCS is actually proposing thousands of pounds of unnecessary work.  It would be helpful to have sight of a detailed maintenance plan supported by financial analysis. 
 

Staff Relocation

I understand from administrative staff working within the Barry Magistrates’ Court that they anticipate being re-located to Cardiff on 13th September 2010 although the consultation does not close until 15th September.   I would be grateful if you could confirm what the Government guidelines on consultation processes are and also whether the scheduling of the consultations and the re-location of the staff is in-keeping with Government guidelines on consultation processes.

Petition

The 900+ signatures collected against the proposed closure of our Courthouse, clearly highlight the strength of feeling in the Vale of Glamorgan against this proposal. I have included the petition as part of my submission as substantial evidence of public opinion against the closure of Barry Magistrates’ Court.

The closure of Barry Magistrates’ Court would not make sense economically or socially. I hope the strength of our evidence will result in this proposal being withdrawn and that the long term delivery of an effective local justice system for the Vale of Glamorgan will be rightfully safeguarded and sustained.
Yours sincerely,
JANE HUTT AM
VALE OF GLAMORGAN