Use of Email in the Civil and Family Courts
1. Summary - Email in the Civil and Family Courts
Civil and family legal practitioners (who are not employed by a Local Authority) can now sign up to the Criminal Justice Secure Mail System (CJSM) and send and receive secure emails with county and family proceedings courts containing information up to “restricted” level. They can request a CJSM account on line at https://www.cjsm.net/. Emails to and from the general public should only ever contain information considered to be at the “protect level” or lower. In all cases the sender is responsible for ensuring that anything sensitive is sent securely.
This link has more Information on secure email and the differences between the different types.
It is up to us to advise users what we do and don’t allow to be emailed to us by solicitors and court users and therefore guidance on what courts can receive and send by email is available at http://www.justice.gov.uk/courts/email-guidance. Courts should ensure this guidance is followed, especially regarding file size.
Guidance is also issued by Security Branch, available at http://libra.lcd.gsi.gov.uk/hmcts/security-safety/safe-secure/part-two/information-security-management/7311.htm
There will no doubt be instances when users send sensitive information to us through a non secure method. The responsibility to look after data becomes ours when it is received by courts. If sensitive information is sent to the court you should email back, deleting any sensitive information, explaining that we are unable to accept the information via this method and they should send it securely.
2. National/Local agreements
National Cafcass/CAFCASS Cymru Email Protocol
A national email protocol has been agreed with the both Cafcass and CAFCASS Cymru so that they and Courts are clear on what can and can’t be emailed. Courts should ensure they are aware of their responsibilities under the protocol.
Local Authority Template
A local authority template has been prepared and tested with various local authorities but it is not possible to get a national agreement to the protocol in the same way as it is with Cafcass. Courts dealing with public law work therefore must agree the protocol with their individual local authorities as soon as possible. Existing agreements should be reviewed and updated to ensure that our court users receive the same service across our courts. Any detailed electronic working arrangements already in place with local authorities for the receipt of public law work will not be affected.
There is no action to take on the Cafcass and Cafcass Cymru protocol as this has been agreed nationally with those organisations.
The court file must still be updated with anything that is sent or received via email subject to any Lean filling SOP which may be in operation. Courts will need to print documents sent in by solicitors however the printing costs are offset to a degree by the removal of the cost of post opening and reduction in delay in delivery of justice.
3. Email addresses
Customers will find email addresses within Courtfinder. It is important that each Courtfinder page is up to date; please email any changes to HMCTS Intranet Enquiries so that Courtfinder can be amended.
The ATOS IT order form should be used if your court needs to set up a new generic email address. http://intranet-applications.dca.gsi.gov.uk/MoJOrderForm/pages/CatalogeOrder.do
It is suggested that all courts adapt the following automated response on their generic email addresses although this is not mandatory and courts can adapt to local needs as required:
“Thank you for your email which has been received by the court. We will reply as soon as possible either via email or in writing depending on the nature of the query. Please note that if you are lodging a document with the court you will not receive a further response unless requested.
Please note that if you are filing a document by email to this courts external customer facing E-mail accounts, it is your responsibility to ensure it complies with the Civil Procedure and the Family Procedure Rules. In particular the total size of the email must not exceed 10Mb and statement of witnesses must not exceed 10 pages or the 2Mb limited. Email exceeding this limit will not be opened. In addition you must not use email to take any step which requires a fee to be paid unless it is an urgent matter. If you are unsure you should ring the court for advice.
Note: Trial Bundles must not be filed by email
Please refer to:
Civil Procedure Rules Practice Direction 5B – (Electronic Communication & Filing of Documents)
And
http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/emailing/court-email-guidance.htm”
Issued 21st September 2012
Civil and Family Operations Team