The review will consider:
the continuing need for each of the functions [Endnote 1] within the Lord Chancellor's Department (LCD) which are carried out by the Court Service executive agency:
whether those functions are best carried out, as now, by an executive agency or by (an) organisation(s) with an alternative status; and
whether the present structure of the Court Service executive agency meets the needs of its present responsibilities, and how the performance of the Court Service executive agency might be improved, having regard where appropriate to the requirement to undertake a Better Quality Services Review.
The findings of this stage of the review will be reported, and initial recommendations made, to the Lord Chancellor on the status, organisation and performance of the Court Service executive agency, by February 2002.
We will at that point consider how and when to proceed further, bearing in mind the timetable for the government response to Sir Robin Auld's Review of the Criminal Courts and Sir Andrew Leggatt's Review of Tribunals.
1) To consider whether:
(a) each of the functions [Endnote 2] currently exercised by the Court Service executive agency continue to be necessary and, if that is confirmed, whether
(b) the executive agency status of the Court Service executive agency provides the most appropriate, efficient and effective means for the Lord Chancellor's Department to deliver those functions;
(c) in outline the current structure of the Court Service executive agency can be expected to meet the demands of its responsibilities.
The review will place particular emphasis on the need to provide both excellent customer service to all court users and value for money in terms of the total disposition of departmental resources.
2) The review will examine, in line with Cabinet Office guidance:
(a) How the Court Service executive agency contributes to the delivery of wider LCD and Government objectives, particularly as set out in the LCD Strategic Objectives (1999) and the Public Service Agreement (PSA) for LCD published in July 2000, and how these are reflected in its business planning framework.
(b) How the Court Service executive agency has performed against the aims, objectives and performance measures and targets set for it in its Framework Document, Corporate Plan(s) annual KPIs, and Business Plans; and how stretching have been the targets set, and how robust the performance review of those targets.
(c) How successfully it has operated the freedoms and flexibilities delegated to it as a result of Agency status; how effective its financial framework; and how clear are the corporate governance arrangements, and well-defined in corporate governance terms are the roles of the Lord Chancellor, the Parliamentary Secretaries, the Permanent Secretary and the Chief Executive.
(d) How responsive the Court Service executive agency has been to the requirements of its stakeholders, including the judiciary.
(e) The development of and plans for partnership arrangements with other public or private sector organisations.
3) In addition the Review will consider:
(a) In outline whether the present structure of the Agency - physical (local/regional) and field/HQ relationships - optimally meets the different needs of criminal, civil and family business.
(b) How the formal accountability relationship within the Lord Chancellor's Department has operated, and whether the right balance has been achieved between the Court Service executive agency's responsibility for service delivery and its involvement in policy formulation.
(c) How other aspects of the Court Service executive agency's relationship with its host department have functioned; these to include:
whether the operational policy-making process is properly integrated and effective in delivering continuous improvement in service delivery; whether further action is required to improve the effectiveness of integrated policy development.
the supply of judges appropriate to business; and development of judicial terms and conditions of service;
disposition of support functions (estates, personnel, IT provision etc.) across the department, and ownership of strategies in these areas.
The Court Service carries out the administrative and support tasks for the following courts and jurisdictions: the Court of Appeal; the High Court; the Crown Court; the county courts; the Probate Service; and the tribunals attached to the Court Service (Immigration Appellate Authority; Social Security and Child Support Commissioners; Pensions Appeal Tribunals; Special Commissioners of Income Tax; VAT and Duties Tribunal; Lands Tribunal; Transport Tribunal; Banking Appeals Tribunal; Building Society Appeals Tribunal; Financial Services and Markets Tribunals; Immigration Services Tribunal; and Independent Schools Tribunal.)
See 1 above.