"Constantly overwhelmed with work", says Crown Office and SCTS staff

Rough Justice Report reveals extent of crisis in Scotland’s courts and prosecution services, with many overworked.

Over the course of the past few years the Public and Commercial Services Union (PCS) has consistently heard from their members about the workload pressures facing them in the Crown Office and Procurator Fiscal Service (COPFS) and the Scottish Courts and Tribunal Service (SCTS). 

The growing understanding of the issues facing staff led PCS to commission UNITY Consulting Scotland to conduct research into the experiences of the COPFS and SCTS workforces.

The research involved interviews initially with a small number of employees which were then used for a survey answered by 376 people at the Crown Office and 237 at SCTS.

This report is based on the voices and viewpoints of those working in both the COPFS and SCTS. The views of the workers who took part in this research confirm what PCS already knew about the challenges they were, and still are facing, and the impact this is having on them and the delivery of justice.

Alongside IT and digital infrastructures being more than two decades old (in some cases) and bringing with it challenges for staff, they also shared that they are “drowning in emails”, along with making mistakes.

Employees regularly have to work unpaid through weekends to deal with the backlog.

When looking at the data, at SCTS, 76 per cent of those surveyed said they had experienced or seen mistakes made because of pressure on colleagues. At SCTS, 30 per cent said they themselves had experienced errors, with 26 per cent adding that they had witnessed them.

One member of staff at the Crown Office said: “Cases are being flung out of the door due to managing our caseloads. We are expected to also juggle post-indictment work including working along with [advocate deputes] which takes away a lot of time for reporting cases.”

Another said: “I myself have made mistakes in terms of not following up on tasks because we are constantly overwhelmed with work and expected to juggle multiple urgent issues, many of which are often not urgent but you are made to do them urgently.”

PCS has highlighted that the pressure and strain on staff is having a "knock-on effect on the delivery of justice".

PCS have summarised the findings as: "The report reveals antiquated IT systems, inadequate and inconsistent training, increased court loadings set against a backdrop of increasingly complex and demanding caseloads. It highlights rising backlogs, growing and unmanageable workloads, lost flexitime, a lack of overtime and a reliance on free labour, escalating adjournments, recruitment and retention issues and a system that is too reliant on the goodwill of staff and is negatively impacting their well-being."

Nearly 85% of COPFS staff and 75% of SCTS staff said their workload is having an impact on the effectiveness and successful delivery of justice. While 77% of COPFS staff and 57% of SCTS staff say they have “witnessed or experienced mistakes happening due to pressures on staff and a result of their workload.”

As a result of pressures facing staff, the report found that nearly 67% of COPFS staff and 60% of SCTS staff had experienced stress and mental ill health because of my job.

With 90% of COPFS staff and 63% of those at SCTS commenting that the IT infrastructure is not fit for purpose, and then 91% of COPFS staff and 65% of SCTS staff declaring that the digital infrastructure is slowing down their work and impacting the pace of delivering justice.

When it comes to training, only 43% of COPFS staff and 32% of SCTS staff believe they have had sufficient training for their role and 15% of COPFS staff and 10% of SCTS staff saying they are not able to take their flexitime.

With 35% of COPFS staff and 20% of SCTS staff adding their workload is not manageable.

A member of staff at COPFS stated: “I think we're all stressed and struggling to get through the work that we have to do, there's not enough of us. We should have more people, more properly trained staff, to do the work.”

PCS is calling for the implementation of a long-term budget strategy with guaranteed year-on-year funding, a review of workloads and clarity of job roles, an urgent review of IT systems, mental health training and a minimum wage of least £15 an hour.

Ruby Gibson, PCS national officer for Scotland, said: "Unlike many other reports, we have listened to the people who help deliver justice and know the system best: the workforce. Their testimony has outlined the impact of years of underfunding in these organisations and what we have heard from them is shocking.

"Through this research, PCS members have painted a picture of the stark reality of the challenges within COPFS and SCTS.

"The conditions these dedicated staff are working in are completely unmanageable. This is an outrageous situation, and the responsibility lies at the door of the Scottish Government and senior management in COPFS and SCTS. We cannot have a Scottish justice system that runs off unpaid labour and the goodwill of staff. The workforce deserves better. The Scottish public deserves better.

"The voices of PCS members must not be ignored. It is time to properly invest in the justice sector and make it fit for purpose.”

The Journal approached the Scottish Courts and Tribunals Service, and a spokesperson said: “We have just received the PCS Scotland report and will take the necessary time to review its findings. We are committed to continuing our partnership with PCS to achieve the best outcomes for those we serve. The SCTS is dedicated to adapting to the evolving needs of the justice system, with staff wellbeing being of paramount importance.”

A spokesperson for the Crown Office added: “COPFS values its employees very highly and their welfare is of great importance to the organisation. We will consider this report and discuss with PCS.”

Both the Society and Faculty of Advocates have been approached for comment.