Digitalisation and reform has made access to online divorce service available through HMCTS easier for public users, but legal professionals say they found some of the processes ‘burdensome’ due to document filing issues and lack of a common structure. Digitalisation of financial remedy cases is leading to quicker case resolution.
A report published by a report published by HMCTS into the impact of digitalisation offers a mixed picture of progress, highlighting both efficiencies and ongoing challenges in delivering justice in a digital age.
The findings of the evaluation of the rollout of online services across probate, divorce, family public law (FPL), and financial remedy (FR), reveals that digitalisation has significantly improved timeliness and transparency for legal professionals. In divorce proceedings, the shift to online platforms has been largely welcomed. Legal professionals acknowledged that the reforms made the system more accessible and efficient for applicants. Yet, they also reported increased administrative burdens, particularly around document filing and inconsistent system structures. The mandatory use of digital services has driven widespread adoption, but not without friction.
Family law professionals working in public law and financial remedy cases experienced similar dualities. While digital systems improved access to documents and case tracking, technical issues—such as system crashes and unreliable notifications—frequently disrupted proceedings. In urgent cases, professionals often resorted to off-system communication, undermining the very efficiencies digitalisation aimed to deliver. Probate practitioners praised the streamlined process for straightforward cases, noting faster resolutions and easier document access. However, complex cases still often reverted to paper, exposing the limitations of current digital tools.
One of the most pressing concerns raised in the report relates to access to justice, particularly for litigants in person (LiPs). Judges and legal professionals expressed unease about the ability of unrepresented parties to navigate digital systems, especially when services are only available in English and Welsh. This language barrier, coupled with limited guidance for non-standard cases, risks excluding vulnerable users from fair participation.
While the report does not directly assess legal aid, the implications are clear: digital exclusion and lack of support for LiPs could exacerbate existing inequalities in the justice system. Professionals called for better signposting, clearer guidance, and more inclusive design to ensure that digital justice is truly accessible to all.
The investment in digital services has undoubtedly delivered benefits—reduced reliance on post, improved document management, and greater flexibility for legal professionals. However, the report underscores that technology alone cannot resolve systemic issues. Professionals highlighted the need for more robust training, sandbox environments for testing, and improved communication tools within the platforms.
Looking ahead, the report recommends several key improvements: enhancing system reliability, expanding functionality to cover complex cases, simplifying error correction, and improving user notifications. For family law professionals, these changes are not just technical upgrades—they are essential steps toward a more responsive, equitable justice system.
Welcoming the report Law Society of England and Wales President Richard Atkinson said
“It clearly shows that investment in reliable technology can improve efficiency in this vital public service and strengthen access to justice. Our 21st Century Justice project demonstrated that a justice system fit for purpose requires meeting people’s needs through the responsible deployment of technology. To achieve the reform that HMCTS is aiming for, investment needs to be sustained. Gaps in functionality and inadequate user support risk creating problems, undermining improvements and preventing the system from working fairly for all.
“Technology must be designed with all users in mind, including solicitors and other legal professionals who rely on these services to support their clients. We encourage HMCTS to work closely with solicitors to ensure the system delivers efficiency and greater access to justice.”
