Page 125 - Reforming Benefits Decision-Making -(updated - August 2021)

evaluation of the pilot, users can face numerous barriers to accessing
365
HMCTS services online and are likely to require a wider package of support
than just Digital Support, including legal or specialist welfare advice. Initially
centres were not allowed to deliver advice in the same session as providing
digital support, however for Phase 4 of the pilot, this is possible in the few
centres which are accredited legal advice providers (although they are only
funded for the digital assistance element and not the advice element).
However, those centres that do not provide legal or specialist welfare advice,
must know where the distinction between digital assistance and legal advice
lies and be careful not to cross this. It may also mean appellants having to go
to multiple organisations for assistance rather than one, risking referral
366
fatigue.
4.58 In addition, JUSTICE has previously highlighted the need to ensure that
Digital Support is available to those most in need of it, and has sufficient
geographic coverage, including in areas where internet access is still
difficult. In a recent review of Digital Support, PLP raised concerns about
367
both of these issues as well as the sustainability of the current funding model.
They also highlighted the need for empirical research in relation to these
issues.
368
4.59 A procurement process has been commenced to find a provider or providers to
369
deliver the national service, starting from August 2021. We were unable to
access the full tender documentation however we have been told that the
tender is for digital assistance only and whilst provider(s) may provide other
types of support, including legal advice, this will have to be funded
separately. We are disappointed with the continued separation of digital
assistance and legal/specialist advice funding. In light of this HMCTS should

365 Good Things Foundation and HMCTS, HMCTS Digital Support Service: Implementation Review
(see n. 362 above) p. 6.
366 Citizens Advice, ‘Written evidence from Citizens Advice (CTS0016)’ (2019).
367 JUSTICE, Preventing Digital Exclusion (see n. 363 above).
368 J. Hynes, Digital Support for HMCTS Reformed Services: What we know and what we need to know
(Public Law Project, May 2021).
369 Ministry of Justice, HMCTS Digital Support – Contract Notice, (May 2021).

116