Court fee increase met with mixed reaction from sector as concerns raised about society’s most vulnerable

The Ministry of Justice announced intentions to increase selected fees for HM Courts and Tribunal Service(HMTCS) last year, the plans have been met with mixed reactions from the sector. Concerns have been raise about the ‘most vulnerable’ in society, and the ongoing cost of living crisis. 

Last November, the Ministry of Justice (MoJ) revealed plans to increase court fees by 10% after publishing a consultation. The estimates predicted that the new rates would cover up to 202 fees and raise a further £34m to £42m a year. The consultation received a total of 52 responses, with 62 per cent of respondents working within the legal or public sector.

This week, respondents were given the chance to share their feedback – with views on the consultation showing a divide of opinion about the principles of increasing fees.

l the 22 December 2023. It received a total of 52 responses, with the majority, 62 per cent, from those working in the legal or public sector.

It was revealed this week on what the respondents thought, which showed that they were divided on the general principle of increasing fees. The findings noted that 40% disagreed with making increases to selected fees, while 37% agreed it was fair and a further 15 % were undecided.

When asked whether up to 202 selected fees should be raised by 10% to reflect alterations in the consumer price index, the majority of respondents disagreed with the proposal to increase fees.

Many were concerned that fee increases of this level would impede access to justice for the most vulnerable given price hikes and the cost of living.

The Government has said :

“Recognise the impact that increases to the cost of living have had, which is why we are looking to reflect only a partial increase to consumer price index through fee uplifts, rather than the full 17.8 per cent increase from March 2021 to March 2023.”

“Believe that this represents a good balance between ensuring that fees remain affordable and that they are more closely aligned with the rising costs incurred by HMCTS.

“Since they were last updated in 2021, the cost to HMCTS of administering its services has increased.

“This has resulted in decreasing levels of cost recovery over time, and a less sustainable funding model for HMCTS. Increasing fees to reflect changes in the general level of prices since they were last updated in 2021 will help protect the real value of the fee income stream for HMCTS and reduce levels of taxpayer subsidy.”

The majority of the respondents felt that some of the fees included in the proposal should be removed from scope, the most commonly suggested for removal were for divorce applications, probate grants, and applications to the Traffic Enforcement Centre.

The respondents were also divided on the proposal to make regular inflation-based increases to fees every two years, with 35% stating that they agreed this approach would be beneficial, whereas 40% disagreed with the proposal.