To ask the Secretary of State for Justice, whether his Department has assessed barriers to effective participation in court proceedings for disabled court users; and what consideration he has given to additional support, including legal aid and advocacy provision, for such court users.

The Ministry of Justice and HM Courts and Tribunals Service is committed to supporting disabled people to participate effectively in court and tribunal proceedings. HMCTS has carried out several strands of work which look to understand and improve our users’ experiences, including those of people with disabilities. Examples of such work include, research which explored identifying, understanding and responding to the multiple complex needs of court service users and the HMCTS Reform evaluation vulnerability study. These can be viewed at https://revolving-doors.org.uk/publications/identifying-understanding-and-responding-to-the-multiple-complex-needs-of-court-service-users/ and https://www.gov.uk/government/publications/hmcts-reform-evaluation-vulnerability-study.

Based on this evidence, HMCTS is undertaking a range of activity to support vulnerable users, as we recognise that court and tribunal proceedings can be a daunting experience and some users may need additional support to participate effectively. HMCTS published the latest support for vulnerable users in its Vulnerability Action Plan (VAP) updated in April 2025, which can be viewed at www.gov.uk/government/publications/hmcts-vulnerability-action-plan. This outlines how courts and tribunals have changed the way they work to enable vulnerable people to access the justice system and ensure they are not disadvantaged or discriminated against. This is the final version of the VAP in its current format. Future updates on how we support vulnerable users will be published in the HMCTS Annual Report.

HMCTS will provide reasonable adjustments for court and tribunal users with disabilities. Court and tribunal users are encouraged to get in touch with HMCTS to discuss any particular adjustments they may need. HMCTS staff will sensitively ask those needing reasonable adjustments what support they require in order to be able to provide reasonable adjustments and will aim to list cases at suitable venues when there are access needs.

The judiciary's Equal Treatment Bench Book also provides guidance to judges on supporting disabled court users. The Government continues to consider how court and tribunal services can best support vulnerable users, including disabled people, through ongoing court reform and accessibility improvements. Areas of focus across the justice system include ensuring effective participation, maintaining appropriate reasonable adjustments and improving accessibility of court services.

HMCTS is a member of the Hidden Disabilities Sunflower lanyard scheme. Sunflower lanyards are available to collect in all HMCTS buildings for court and tribunal users, to make it easy for people to discreetly show that they may need additional help or time. Court and tribunal staff know how to recognise the Sunflower lanyard and other types of lanyards or card and will ask what they can do to help.

The Government recognises that legal aid is a vital part of the justice system, ensuring those most in need can access publicly funded legal assistance to uphold their legal rights. The Government is committed to ensuring that disabled people have equal opportunity to access legally aided advice and representation as the wider population. To receive legal aid a person must be eligible for legal aid, and their case must be in scope of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). Where an issue falls outside the scope of civil legal aid, individuals can apply for Exceptional Case Funding (ECF).

Eligibility for legal aid consists of the means test (financial eligibility) and merits test (legal merits of a person's case). There are several disability-related payments that are disregarded from the income and capital assessment as part of the means test; and, therefore, also disregarded for the purposes of calculating contributions towards civil legal aid, and legal aid in the Crown Court. These include but are not limited to Disability Living Allowance, Personal Independence Payment, direct payments and Attendance Allowance.