The government has published its formal response to the Commons Justice Committee’s report on the work of the County Court.
The Committee’s report delivered a stark assessment of the current system, describing the County Court as “a dysfunctional operation that has failed to adequately deliver civil justice across England and Wales.” It called for a comprehensive, root-and-branch review of what it termed a “Cinderella service” to begin in spring 2026.
In its response, the government has declined to carry out such a full review – a decision that has drawn clear frustration from the Committee – but has accepted most of the remaining recommendations. The response maintains a focus on digitisation and ongoing modernisation efforts as the key mechanisms for improvement.
David Smith, the high-profile property law expert and a partner at Spector Constant & Williams, comments: “The government’s response feels more like an effort to keep the lights on than a real attempt to fix deep-rooted issues in the civil justice system. While digitisation has its place, it cannot by itself address the fundamental resourcing and structural problems the County Court faces. With the Renters’ Rights Bill set to increase workloads further, there’s an urgent need for more decisive action to build confidence and ensure the system can cope with what’s coming.
“The legal profession will be watching closely to see whether the government’s current programme of reforms can deliver meaningful improvement, or whether, as many fear, a more comprehensive review will soon prove unavoidable.”
County Courts have long been seen as an inefficient way for landlords to get possession of their properties in eviction cases, with case delays often taking months.
Recent research shows the delays are affecting the supply of rental stock and costing landlords thousands of pounds and months of delay in reclaiming their properties through no fault of their own.
The High Court Enforcement Officers Association (HCEOA) says the average rent loss per property where someone is being evicted is £12,708 nationally. This rises to a staggering £19,223 in London where delays are at their worst
In London average County Court Bailiff delays are eight months and, in many cases, more than a year for an eviction to take place after a judge has ruled that the tenant should be evicted. Transferring up to the High Court for enforcement in London could reduce landlords’ losses by £12,120 per property (using average figures) but many judges are reluctant to allow the transfer.
At least one County Court is now quoting policy as stating that “the county court bailiff will no longer be able to use reasonable force to evict the tenant” where necessary and recommending the use of High Court enforcement if appropriate. This new policy will inevitably cause further delays, the HCOEA claims.
