The courts will not be privatised, Grayling and LCJ say

The courts will not be privatised but could be run by an independent 'public interest corporation', justice secretary Chris Grayling and the Lord Chief Justice, Lord Judge, have suggested in a letter to all judges.

In the joint letter with the senior president of tribunals, Sir Jeremy Sullivan, they said that "every realistic option" was being explored.

However they promised there would be "no erosion of the constitutional position of courts and tribunals or the constitutional principles which underpin the independent administration of justice".

The justice secretary, LCJ and president of tribunals promised: "We are not and will not be exploring any options which will involve shareholders, the making of a profit or surplus or contracting out or profit-making on the basis of judicial and linked administrative functions, other than for the exclusive purpose of investing any surplus into the administration of justice.

"No replacement organisation for HMCTS [Her Majesty's Courts and Tribunals Service] would be contemplated unless it was a body operated solely in the public interest."

Grayling, Lord Judge and Sir Jeremy said courts and tribunals should be better equipped and a "variety of difficult decisions" would be taken on fees, access to justice and value for money.

"In short, given the financial stringency which will be applied to HMCTS, as to everywhere else, we are examining every realistic option to provide greater reliability of funding for the administration of justice, greater planning certainty, and to facilitate investment in modernisation.

"We have been reflecting on whether it would be possible to ensure adequate investment and where consistent with the administration of justice, options to generate and retain additional income and capital for investment.

"The examination of options is considering, for example, whether the current structures could be transformed, or whether an alternative structure, such as a more independent public interest corporation, would better ensure a sustainable future."