Corporate report

Annual report and accounts 2023-24: Financial statements (HTML)

Updated 22 November 2024

Applies to England and Wales

Consolidated Statement of Comprehensive Net Expenditure

for the year ended 31 March 2024

2023-24 2022-23
    Core department and agencies Departmental group Core department and agencies Departmental group
  Note £000 £000 £000 £000
Revenue from contracts with customers 3 (1,707,852) (1,727,914) (1,627,932) (1,646,704)
Other operating income 4 (59,585) (60,133) (64,091) (64,332)
Total operating income   (1,767,437) (1,788,047) (1,692,023) (1,711,036)
Staff costs 5 4,701,233 4,965,029 4,303,449 4,563,183
Judiciary costs 5 688,759 688,759 642,224 642,224
Purchase of goods and services 6 2,742,351 2,621,004 2,612,076 2,498,230
Depreciation, amortisation and impairment 7 1,048,506 1,056,221 795,474 801,826
Legal aid funded provisions 8 2,142,419 2,142,419 1,924,930 1,924,930
Other provision expenses 8 568,261 569,696 85,751 86,495
Net (gain)/loss on disposal of assets 9 2,050 2,098 (12,750) (12,719)
Revaluation of non-current and financial assets 10 13,993 13,993 (14,826) (14,829)
Other operating expenditure 11 1,688,801 1,546,867 1,493,014 1,362,591
Total operating expenditure   13,596,373 13,606,086 11,829,342 11,851,931
Net operating expenditure before financing   11,828,936 11,818,039 10,137,319 10,140,895
Finance income   (14) (14) (3) (3)
Finance expense 12 32,447 32,934 77,122 83,461
Borrowing cost on provisions   5,061 5,061 (1,238) (1,238)
Net operating expenditure before tax   11,866,430 11,856,020 10,213,200 10,223,115
Taxation   - 146 - 45
Net expenditure for the year   11,866,430 11,856,166 10,213,200 10,223,160
Other comprehensive net expenditure          
Items that will not be reclassified to operating expenditure:          
Net (gain)/loss on revaluation of:          
Property, plant and equipment   (10,973) (10,980) (806,167) (806,195)
Right of use assets   (1,969) (1,969) (19,728) (19,728)
Intangible assets   (2,447) (2,484) (9,292) (9,427)
Assets for sale   164 164 509 509
Remeasurement of pension schemes:          
Cafcass pension scheme   - (14,104) - (249,322)
LSC pension scheme   22,049 22,049 48,529 48,529
By-analogy pension schemes   (49) (430) (41) (1,443)
Probation pension schemes   788,534 788,534 (1,969,664) (1,969,664)
Total comprehensive net expenditure for the year   12,661,739 12,636,946 7,457,346 7,216,419

The notes on pages 177 to 259 form part of these accounts.

Consolidated Statement of Financial Position

as at 31 March 2024

31 March 2024 31 March 2023
    Core department and agencies Departmental group Core department and agencies Departmental group
  Note £000 £000 £000 £000
Non-current assets          
Property, plant and equipment 13 15,139,256 15,145,414 14,608,419 14,611,560
Right of use assets 14 1,314,151 1,326,892 1,391,228 1,405,091
Intangible assets 15 683,439 688,275 715,025 721,987
Investments   239 239 382 382
Pension assets 25 46,898 48,943 265,403 265,403
Trade and other receivables 17 121,967 121,968 122,254 122,258
Total non-current assets   17,305,950 17,331,731 17,102,711 17,126,681
Current assets          
Assets held for sale 16 2,715 2,715 9,115 9,115
Inventories   63,622 64,823 65,174 66,663
Trade and other receivables 17 456,565 461,614 499,173 501,605
Cash and cash equivalents 18 336,463 378,584 302,793 359,382
Total current assets   859,365 907,736 876,255 936,765
Total assets   18,165,315 18,239,467 17,978,966 18,063,446
Current liabilities          
Trade and other payables 19 (1,738,661) (1,725,219) (1,780,290) (1,778,719)
Financial liabilities 19 (172,491) (174,951) (167,460) (169,803)
Provisions 20 (1,204,194) (1,209,135) (1,076,090) (1,079,836)
Total current liabilities   (3,115,346) (3,109,305) (3,023,840) (3,028,358)
Total assets less current liabilities   15,049,969 15,130,162 14,955,126 15,035,088
Non-current liabilities          
Trade and other payables 19 (30,947) (31,783) (37,356) (38,314)
Other financial liabilities 19 (1,476,329) (1,487,110) (1,595,529) (1,607,470)
Provisions 20 (822,063) (824,026) (504,570) (505,877)
Pension liabilities 25 (530,551) (535,300) (1,208) (18,559)
Total non-current liabilities   (2,859,890) (2,878,219) (2,138,663) (2,170,220)
Assets less liabilities   12,190,079 12,251,943 12,816,463 12,864,868
Taxpayers’ equity          
General fund   7,419,289 7,480,670 7,857,199 7,904,979
Revaluation reserve   4,770,790 4,771,273 4,959,264 4,959,889
Total taxpayers’ equity   12,190,079 12,251,943 12,816,463 12,864,868

The notes on pages 177 to 259 form part of these accounts.

Dame Antonia Romeo DCB
Principal Accounting Officer
8 November 2024

Consolidated Statement of Cash Flows

for the year ended 31 March 2024

2023-24 2022-23
    Core department and agencies Departmental group Core department and agencies Departmental group
  Note £000 £000 £000 £000
Cash flows from operating activities          
Net expenditure CSoCNE (11,866,430) (11,856,166) (10,213,200) (10,223,160)
Adjustments for non‑cash transactions   3,812,963 3,807,245 2,840,748 2,858,221
Finance expense 12 46,153 46,272 34,860 34,941
Movements in pensions   (49,594) (50,124) 90,187 108,854
(Increase)/decrease in trade and other receivables 17 42,895 40,281 42,696 43,929
Less: movements in receivables not passing through the CSoCNE and receivable impairments   (15,762) (15,783) (74,643) (74,647)
(Increase) in inventories   1,552 1,840 (10,085) (10,243)
Increase/(decrease) in trade and other payables 19 (48,038) (60,031) 157,041 133,265
Less: movements in payables relating to items not passing through the CSoCNE   6,130 6,143 (131,109) (113,710)
Increase/(decrease) in other financial liabilities 19 (114,169) (115,212) (142,195) (137,317)
Less: movements in other financial liabilities relating to items not passing through the CSoCNE   114,169 115,212 142,195 137,317
Utilisation of provisions 20 (2,273,805) (2,274,367) (2,047,896) (2,048,096)
Intra-departmental adjustment through SoCiTE (between MoJ core and agencies)   90 20 (1,996) (2,617)
Other   - - - -
Net cash outflow from operating activities   (10,343,846) (10,354,670) (9,313,397) (9,293,263)
Cash flows from investing activities          
Purchase of property, plant and equipment 13 (1,276,353) (1,280,376) (1,137,498) (1,139,170)
Purchase of intangible assets 15 (119,974) (121,046) (106,323) (107,290)
Adjust for increase/(decrease) in capital payables   (39,455) (39,468) 11,436 11,411
Proceeds on disposal of property, plant and equipment   (5,535) (5,535) 6,371 6,371
Proceeds on disposal of intangible assets   - - - 2
Proceeds on disposal of right of use assets   - - - -
Proceeds on disposal of assets held for sale   16,690 16,690 2,613 2,613
Net cash outflow from investing activities   (1,424,627) (1,429,735) (1,223,401) (1,226,063)
Cash flows from financing activities          
From the Consolidated Fund (Supply)   11,867,000 11,867,000 10,720,000 10,720,000
Grants from bodies external to the department   - 5,000 - -
From the Consolidated Fund (non-Supply)   185,724 185,724 171,583 171,583
Capital element of finance leases and on-balance sheet Private Finance Initiative (PFI) contracts   (183,750) (187,167) (175,785) (177,796)
Repayment of local authority loans   (345) (345) (1,529) (1,529)
Interest paid   (46,153) (46,272) (34,860) (34,941)
Net cash inflow from financing activities   11,822,476 11,823,940 10,679,409 10,677,317
Net increase/(decrease) in cash and cash equivalents in the period before adjustment for receipts and payments to the Consolidated Fund   54,003 39,535 142,611 157,991
Payments of amounts due to the Consolidated Fund   (20,333) (20,333) (21,503) (21,503)
Net increase/(decrease) in cash and cash equivalents in the period after adjustment for receipts and payments to the Consolidated Fund   33,670 19,202 121,108 136,488
Cash and cash equivalents at the beginning of the period 18 302,793 359,382 181,685 222,894
Cash and cash equivalents at the end of the period 18 336,463 378,584 302,793 359,382

The notes on pages 177 to 259 form part of these accounts.

Consolidated Statement of Changes in Taxpayers’ Equity

for the year ended 31 March 2024

Core department and agencies Departmental group
    General fund Revaluation reserve Total reserves General fund Revaluation reserve Total reserves
  Note £000 £000 £000 £000 £000 £000
Balance at 31 March 2023   7,857,199 4,959,264 12,816,463 7,904,979 4,959,889 12,864,868
Changes in accounting policies   - - - - - -
Restated balance at 1 April 2023   7,857,199 4,959,264 12,816,463 7,904,979 4,959,889 12,864,868
Net parliamentary funding – drawn down   11,867,000 - 11,867,000 11,867,000 - 11,867,000
Net parliamentary funding – deemed   283,368 - 283,368 283,368 - 283,368
Grant from bodies external to the department   - - - 5,000 - 5,000
Unspent Supply drawn down repayable to the Consolidated Fund   (315,295) - (315,295) (315,295) - (315,295)
Consolidated Fund Standing Services              
- Judicial salaries   179,400 - 179,400 179,400 - 179,400
- Lord Chancellor’s salary   99 - 99 99 - 99
- Utilisation of Judicial Service Award   6,225 - 6,225 6,225 - 6,225
CFERs payable to the Consolidated Fund   (22,076) - (22,076) (22,076) - (22,076)
Net expenditure for the year CSoCNE (11,866,430) - (11,866,430) (11,856,166) - (11,856,166)
Net gain/(loss) on revaluation of              
- Property, plant and equipment   - 10,973 10,973 - 10,980 10,980
- Right of use assets   - 1,969 1,969 - 1,969 1,969
- Intangible assets   - 2,447  2,447  - 2,484 2,484
- Assets held for sale   - (164) (164) - (164) (164)
Remeasurement of pension schemes              
- Cafcass pension scheme 25 - - - 14,104 - 14,104
- LSC pension scheme 25 (22,049) - (22,049) (22,049) - (22,049)
- By-analogy pension schemes   49 - 49 430 - 430
- Probation pension schemes 25 (788,534) - (788,534) (788,534) - (788,534)
Non-cash adjustment              
- Auditor’s remuneration 6 2,122 - 2,122 2,122 - 2,122
- Corporate overhead recharges 11 (4,315) - (4,315) - - -
Movements in reserves              
- Transfers from revaluation reserve   203,699 (203,699) - 203,885 (203,885) -
- Absorption accounting transfers between reserves   - - - - - -
Other movements              
Adjustment in respect of prior periods   19,163 - 19,163 19,156 - 19,156
Prior year OLC and LSB CFER   19,578 - 19,578 227 - 227
Other   86 - 86 (1,205) - (1,205)
Balance at 31 March 2024   7,419,289 4,770,790 12,190,079 7,480,670 4,771,273 12,251,943

Consolidated Statement of Changes in Taxpayers’ Equity

for the year ended 31 March 2023

Core department and agencies Departmental group
    General fund Revaluation reserve Total reserves General fund Revaluation reserve Total reserves
  Note £000 £000 £000 £000 £000 £000
Balance at 1 April 2022   5,241,581 4,287,049 9,528,630 5,026,974 4,288,002 9,314,976
Net parliamentary funding – drawn down   10,720,000 - 10,720,000 10,720,000 - 10,720,000
Net parliamentary funding – deemed   179,503 - 179,503 179,503 - 179,503
Unspent Supply drawn down repayable to the Consolidated Fund   (283,368) - (283,368) (283,368) - (283,368)
Consolidated Fund Standing Services              
- Judicial salaries   165,062 - 165,062 165,062 - 165,062
- Lord Chancellor’s salary   91 - 91 91 - 91
- Utilisation of Judicial Service Award   6,430 - 6,430 6,430 - 6,430
CFERs payable to the Consolidated Fund   (20,942) - (20,942) (20,942) - (20,942)
Net expenditure for the year CSoCNE (10,213,200) - (10,213,200) (10,223,160) - (10,223,160)
Net gain/(loss) on revaluation of              
- Property, plant and equipment   - 806,167 806,167 - 806,195 806,195
- Right of use assets   - 19,728 19,728 - 19,728 19,728
- Intangible assets   - 9,292 9,292 - 9,427 9,427
- Assets held for sale   - (509) (509) - (509) (509)
Remeasurement of pension schemes              
- Cafcass pension scheme 25 - - - 249,322 - 249,322
- LSC pension scheme 25 (48,529) - (48,529) (48,529) - (48,529)
- By-analogy pension schemes   41 - 41 1,443 - 1,443
- Probation pension schemes 25 1,969,664 - 1,969,664 1,969,664 - 1,969,664
Non-cash adjustment              
- Auditor’s remuneration 6 1,973 - 1,973 1,973 - 1,973
- Corporate overhead recharges 11 (3,722) - (3,722) - - -
Movements in reserves              
- Transfers from revaluation reserve   162,414 (162,414) - 162,758 (162,758) -
- Absorption accounting transfers between reserves   - - - 147 (147) -
Other movements              
Adjustment in respect of prior periods   - - - (58) - (58)
Prior year OLC and LSB CFER   (17,804) - (17,804) 227 - 227
Other   (1,995) (49) (2,044) (2,558) (49) (2,607)
Balance at 31 March 2023   7,857,199 4,959,264 12,816,463 7,904,979 4,959,889 12,864,868

The notes on pages 177 to 259 form part of these accounts.

Notes to the accounts for the year ended 31 March 2024

1a) Statement of accounting policies

1.1 Basis of preparation

These accounts have been prepared in accordance with the Government Financial Reporting Manual (FReM) 2023-24 issued by HM Treasury. The accounting policies contained in the FReM apply International Financial Reporting Standards (IFRS) as adapted or interpreted for the public sector.

Where the FReM permits a choice of accounting policy, the accounting policy which is judged to be most appropriate to our particular circumstances for the purpose of giving a true and fair view has been selected. The particular policies we adopt are described below. They have been applied consistently in dealing with items that are considered material to the accounts.

The preparation of the accounts in conformity with IFRS requires the use of certain critical accounting estimates (see Note 1b).

In addition to the primary statements prepared under IFRS, the FReM requires the department to prepare a SOPS and supporting notes showing the outturn against estimates in terms of the net resource requirement and the net cash requirement. These are included within the parliamentary accountability section in this document.

The functional and presentational currency of the department is the British pound sterling (£).

1.2 Going concern

The FReM states that going concern for the public sector is interpreted as the anticipated continued provision of the entity’s services in the future, as evidenced by inclusion of financial provision for that service in published documents. In common with other government departments, the group’s liabilities are expected to be met by future grants of supply and the application of future income, both to be approved annually by Parliament. The department considers there is no reason to believe that future approvals will not be forthcoming. Hence, it is considered appropriate to adopt a going concern basis for the preparation of these financial statements.

1.3 Accounting convention

These accounts have been prepared on an accruals basis under the historical cost convention, modified to account for the revaluation of non-current assets, inventories, financial assets and liabilities and assets held for sale, where material.

1.4 Basis of consolidation

These accounts consolidate the core department, executive agencies and non-departmental public bodies (NDPBs) which fall within the departmental boundary as defined in the FReM and make up the departmental group. A list of entities included within the departmental boundary is given at Note 29.

Where two columns are included, the first contains amounts for the core department and its agencies and the second contains amounts for the departmental group as a whole. Accounting policies are harmonised across the group and all significant intra-departmental balances and transactions between entities within the departmental boundary are eliminated.

All consolidated entities have accounting reference dates that align with the core department.

1.5 Machinery of government changes and restatement of comparatives

There have been no machinery of government changes in 2023-24 (none in 2022-23).

1.6 Changes in accounting policy and disclosures

a) From 1 April 2023 Public Private Partnership liabilities, which include Private Finance Initiative (PFI) loans, are to be measured in accordance with IFRS 16 measurement principles. The change in accounting policy is applied using a modified retrospective approach with the cumulative impact on the liability taken to the General Fund reserve on 1 April 2023. Previous years are not restated. The measurement per IFRS 16 involves a cumulative remeasurement as at 1 April 2023 for the changes to payments for the capital element due to indexation since the Public Private Partnership arrangement commenced. This remeasurement is recognised as an adjustment to the opening balance of retained earnings and prior year comparative information is not remeasured.

There have been no other changes in accounting policies or new or amended standards adopted in 2023-24.

b) New standards, amendments and interpretations issued but not effective for the financial year beginning 1 April 2022 and not early adopted

IFRS 17 Insurance Contracts requires a discounted cash flow approach to accounting for insurance contracts. IFRS 17 is to be applied by entities for accounting periods beginning on or after 1 January 2023. MoJ will implement the new standard when it is required to do so by the FReM. The earliest implementation date in central government is 1 April 2025. To assess the impact of the standard, we are reviewing contracts which meet the definition of insurance contracts.

We do not consider that any other new or revised standard or interpretation will have a material impact.

1.7 Property, plant and equipment

Initial recognition and capitalisation threshold

Property, plant and equipment is initially recognised at cost, representing the costs directly attributable to acquiring or constructing the asset and bringing it to the location and condition necessary for it to be capable of operating in the manner intended by management. Such expenditure is capitalised where:

  • the asset is held for use in delivering services or for administrative purposes

  • it is probable that future economic benefits will flow, or service potential be provided, to us

  • it is expected that the asset will be used for more than one financial year

  • the cost of the asset can be measured reliably

The core department’s capitalisation threshold for individual assets is £10,000. The thresholds across the departmental group range from £500 to £10,000.

Where significant purchases of individual assets which are separately below the capitalisation threshold arise in connection with a single project, they are treated as a grouped asset. The core department’s capitalisation threshold for grouped assets is £1 million. The thresholds across the departmental group range from £500 to £1 million. All thresholds include irrecoverable VAT.

Subsequent valuation method

Land and buildings (including dwellings) are recorded at fair value, as interpreted by the FReM, on the basis of professional valuations, which are conducted for each property at least once every five years. These are primarily undertaken by the Valuation Office Agency using the Royal Institution of Chartered Surveyors (RICS) appraisal and valuation manual, known as the ‘Red Book’.

In between professional valuations, carrying values are adjusted by the application of indices or through desktop valuations for which different indices are applied depending on the assets. This ensures that carrying values are not materially different from those that would be determined at the end of the reporting period. For buildings, the index applied is the Building Cost Information Service All-In Tender Price Index that reflects price changes in the construction sector and is a good indicator of price pressure in building contracts in the UK.

Criminal courts, prisons and some parts of the probation estate are mostly classified as specialised buildings which cannot be sold on the open market. For specialised assets, current value in existing use is interpreted as the present value of the asset’s remaining service potential, which is assumed to be at least equal to the cost of replacing that service potential. Specialised assets are therefore valued at their depreciated replacement cost on a modern equivalent asset basis in accordance with the FReM and RICS guidance, taking into account the functional obsolescence of the property and other assumptions. A modern equivalent asset basis assumes that the asset will be replaced with a modern asset of equivalent capacity and location requirements of the services being provided.

Non-specialised properties are valued based on existing use or market value where there is an open market valuation for such properties.

Assets which are held for their service potential and are in use (i.e. operational assets used to deliver either frontline services or back-office functions) are measured at their current value in existing use.

Assets that were most recently held for their service potential, but are surplus with no plan to bring them back into use, are valued at current value in existing use where there are restrictions which would prevent access to the market at the reporting date. If we can access the market, then the surplus asset is valued at fair value in accordance with IFRS 13 Fair Value Measurement.

Where there is a clear plan to bring an unused asset back into future use as an operational asset, the asset is not considered as surplus and is maintained at current value in existing use.

Assets are revalued and depreciation commences when the assets are brought into use. IT equipment, transport equipment, furniture and fittings, and plant and machinery that are held for operational use are valued at depreciated historic cost where these assets have short useful lives or low values or both, as this is not considered to be materially different from current value in existing use.

Fair value hierarchy and inputs

The valuation technique applied to all fair value figures of surplus properties is the market approach in accordance with IFRS 13. It uses prices and other relevant information generated by market transactions involving identical or comparable (i.e. similar) assets.

The inputs to this technique constitute level 2 inputs in each instance. Level 2 inputs are inputs that are observable for the asset, either directly or indirectly. The inputs used take the form of analysed and weighted market evidence such as sales, rentals and yields in respect of comparable properties in the same or similar locations at or around the valuation date.

For other property assets in continuing use, fair value is interpreted as market value or ‘value in use’. In the Red Book this is defined as ‘market value’ on the assumption that property is sold as part of the continuing enterprise in occupation. The ‘value in use’ of a non-cash-generating asset is the present value of the asset’s remaining service potential, which can be assumed to be at least equal to the cost of replacing that service potential.

Depreciated historical cost is used as a proxy for fair value for those assets with short useful lives or low values, as allowed by the FReM.

Revaluation

Gains arising on revaluation are credited to the revaluation reserve and shown in other comprehensive net expenditure, unless they reverse a revaluation decrease on the same asset. Reversals are credited to the CSoCNE to the extent of the previous amount expensed, and any excess is credited to the revaluation reserve.

A revaluation decrease, reversal or revaluation increase (other than as a result of a permanent diminution) is reversed against any existing amount held in the revaluation reserve in respect of that same asset, with any residual decrease taken to net operating expenditure in the CSoCNE.

When an asset’s carrying value decreases as a result of a permanent diminution in the value of the asset due to a clear consumption of economic benefit or service potential, the decrease is charged directly to operating expenditure in the CSoCNE, with any remaining revaluation reserve balance released to the General Fund.

Each year the difference between depreciation based on the revalued carrying amount of the asset charged to the CSoCNE and depreciation based on the asset’s original cost is transferred from the revaluation reserve to the General Fund.

Depreciation

Items of property, plant and equipment are depreciated over their remaining useful economic lives in a manner consistent with the consumption of economic or service delivery benefits.

Depreciation is charged on a straight-line basis at rates calculated to write off the value of assets, less estimated residual value, evenly over their estimated useful lives. The useful lives of buildings are reviewed annually. Where a change in asset life is determined, the asset is depreciated on a straight-line basis over its remaining assessed life. Depreciation commences in the month following the acquisition of a non-current asset for land, buildings and dwellings and in-month for all other non-current assets.

If an item of property, plant and equipment comprises two or more significant components, with substantially different useful lives, each component is treated separately for depreciation purposes and depreciated over its individual useful life.

Estimated useful asset lives are within the following ranges:

Freehold land Not depreciated
Leasehold land Remaining lease period
Freehold buildings (including dwellings) Shorter of remaining life or 60 years
Leasehold buildings (including dwellings) Shortest of remaining life, remaining lease period or 60 years
Information technology Shorter of remaining life or 3 to 15 years
Plant and equipment Shorter of remaining life or 3 to 15 years
Furniture, fixtures and fittings Shorter of remaining life or 3 to 20 years
Assets under construction

Assets under construction are valued at historical cost within property, plant and equipment and intangible assets, and are not depreciated or amortised until completed. On completion, the asset’s carrying value is transferred to the respective asset category.

Expenditure is capitalised where it is directly attributable to bringing an asset into working condition, such as external consultant costs, relevant employee costs and an appropriate portion of relevant overheads.

1.8 Intangible assets

Intangible assets comprise internally developed software for internal use (including such assets under construction), software developed by third parties, and purchased software licences. As at 31 March 2024, we did not identify any software as a service, or any other cloud-based, right of use assets.

Software developed internally or by third parties

Development costs that are directly attributable to the design and testing of identifiable and unique software products controlled by MoJ are capitalised when they meet the criteria specified in the FReM, which has been adapted from IAS 38 Intangible Assets. Other expenditure that does not meet these criteria is recognised as an expense as incurred.

The useful lives of internally developed software range from 1 to 15 years. In accordance with IAS 38 Intangible Assets MoJ reviews the useful economic lives of its intangible assets each financial year.

MoJ utilises an agile development approach. For each module of information technology (IT), amortisation begins when it is ready for its intended use, regardless of whether the IT will be placed into service in planned stages that may extend beyond a reporting period. If the functionality of a module is entirely dependent on the completion of other modules, amortisation begins when both that module and the other modules upon which it is functionally dependent are ready for their intended use.

Purchased software licences

Purchased software licences are recognised when it is probable that future service potential will flow to MoJ and the cost of the licence can be measured reliably. Such licences are initially measured at cost. Purchased software licences are amortised over the licence period.

The capitalisation thresholds across the departmental group range from £500 to £250,000 (including irrecoverable VAT).

Subsequent to initial recognition, intangible assets are measured at fair value. As no active market exists for MoJ’s intangible assets, fair value is assessed as replacement cost less any accumulated amortisation and impairment losses (i.e. depreciated replacement cost).

Intangible assets in service are remeasured at the end of each reporting period using the producer price index issued by the Office for National Statistics.

1.9 Impairment

Impairments are recognised in accordance with IAS 36 Impairment of Assets as adapted by the FReM.

An impairment reflects a diminution in the value of an asset as a result of a clear consumption of economic benefits or service potential. At each reporting date, MoJ assesses all assets for indications of impairment. If any such indications exist, the assets in question are tested for impairment by comparing the carrying value of those assets with their recoverable amounts.

If the recoverable amount of an asset is less than its carrying value, the carrying value of the asset is reduced to its recoverable amount. The recoverable amount of an asset is the higher of its ‘fair value less costs to sell’ and ‘value in use’ (as defined above).

When an asset’s carrying value decreases as a result of a permanent diminution in the value of the asset due to a clear consumption of economic benefit or service potential, the decrease is charged directly to net operating costs in the CSoCNE. If the asset has previously been revalued, any remaining revaluation reserve balance (up to the level of the impairment loss) is released to the General Fund.

At each reporting date we review impairment losses recognised in previous years. Any reversal of an impairment loss is recognised in the CSoCNE to the extent that the original charge, adjusted for subsequent depreciation, was previously recognised, with any remaining amount recognised in the revaluation reserve.

1.10 Non-current assets held for sale

Assets held for sale are stated at the lower of their carrying amount immediately prior to classification as ‘held for sale’ or their fair value less the costs of selling the asset. Any subsequent impairment or reversal of impairment is recognised in the CSoCNE. Assets classified as held for sale are not depreciated.

1.11 Leases

IFRS 16 requires a lessee to recognise assets and liabilities for all leases (apart from the exemptions listed below).

Scope and exclusions – the departmental group as lessee

In accordance with IFRS 16 Leases, contracts, or parts of contracts, that convey the right to control the use of an asset for a period of time are accounted for as leases.

As adapted by the FReM, IFRS 16 has also been applied to leases with nil or nominal (that is, significantly below market value) consideration and arrangements for sharing accommodation between government departments.

MoJ defines the lease term as the non-cancellable period for which a lessee has the right to use an underlying asset, together with both:

  • periods covered by an option to extend the lease if the lessee is reasonably certain to exercise that option

  • periods covered by an option to terminate the lease if the lessee is reasonably certain not to exercise that option

When making the above assessments, MoJ excludes two types of leases:

  • those relating to low value items, which it considers as those where the underlying asset would have a cost of less than £10,000 when new, provided those items are not highly dependent on or integrated with other items

  • contracts whose term is less than 12 months

At inception or on reassessment of a contract that contains a lease component, MoJ assesses whether it is reasonably certain to exercise break options or extension options at the lease commencement date. MoJ reassesses this if there are significant events or changes in circumstances that were not anticipated. In the event that a lease contract has expired, but MoJ remains in occupation pending negotiations for a renewed term, the lease term has been measured as the estimated time until the new contract will be agreed.

Initial recognition – the departmental group as lessee

At the commencement of a lease, the department recognises a right of use asset and a lease liability. Under HM Treasury’s IFRS 16 Application Guidance, the measurement of lease payments excludes any VAT payable and irrecoverable VAT is expensed at the point it falls due, in line with IFRIC 21 Levies. If the VAT element cannot be clearly identified from lease invoices, the lease liability and right of use asset are measured using the gross value of invoices for remaining lease payments.

Lease liability

The lease liability is measured at the value of the remaining lease payments discounted either by the interest rate implicit in the lease or, where this is not readily determinable, the department’s incremental rate of borrowing. This rate is advised annually by HM Treasury:  3.51% for leases that commenced, transitioned or were remeasured in the calendar year 2023 (2022: 3.51%).

Where a lease includes variable lease payments tied to an inflation index, this is included in the measurement by inflating using HM Treasury Consumer Price Index (CPI) inflation rates as published in the Public Expenditure System Papers for the relevant year. This is the approach set out in the FReM IFRS 16 Application Guidance.

Right of use asset

The right of use asset is measured at the value of the lease liability, adjusted for:

  • any lease payments made before the commencement date

  • any lease incentives received

  • any incremental costs of obtaining the lease

  • any costs of removing the asset and restoring the site at the end of the lease

However, in accordance with the FReM, where the lease requires nil or nominal consideration (usually referred to as a ‘peppercorn’ lease) the asset will instead be measured at its existing use value, using market prices or rentals for equivalent land and properties, with the difference between the carrying amount of the right of use asset and lease liability treated as notional income.

Enhancements to leased assets, such as alterations to a leased building, are not classified within right of use assets but are classified as property, plant and equipment in accordance with the FReM.

Subsequent measurement – the departmental group as lessee

After initial recognition, the right of use asset will be measured using the fair value model. The departmental group considers that the cost model (measurement by reference to the lease liability) is a reasonable proxy for fair value, in the case of non-property leases, and also for property leases of less than five years or with regular rent reviews. For other leases, the asset will be carried at a revalued amount.

The lease liability will be adjusted for the accrual of interest, repayments, reassessments and modifications. Reassessments are reappraisals of the probability of the options given by the existing lease contract, for example where we no longer expect to exercise an option, while modifications are changes to the lease contract. Reassessments and modifications are accounted for by either by:

  • recalculating the lease term under any new contract terms, taking account of the reasonable certainty or otherwise of exercising an option

  • applying a new discount rate where applicable

Expenditure charged to the CSoCNE for each financial year includes interest on the lease liability and a straight-line depreciation charge on the right of use asset over the life of the lease, together with any impairment of the right of use asset and any change in variable lease payments, that was not included in the measurement of the lease payments during the period in which the triggering event occurred. Lease payments are debited against the liability. Rental payments in respect of leases of low value items, or with a term under 12 months, are also expensed.

Estimates and judgements

In assessing the lease MoJ needs to make estimates and judgements.

  • Where a lease is embedded in a contract for services, the amount to be recognised as the right of use asset and lease liability should be the stand-alone price of the lease component only. Where this is not readily observable, a determination will be made by reference for other observable data, such as the fair value of similar assets or price of contracts for similar non-lease components.

  • MoJ has determined the lease term by assessing the level of certainty as to whether termination or extension options will be exercised. In making these judgements, reliance has been placed on the professional judgement of estates staff, supported by information on corporate asset management plans, other business strategies, investment already made in the underlying asset, ongoing business needs and market conditions.

  • MoJ has determined that the cost model is a reasonable proxy for fair value in most cases because the rents payable are aligned to open market rates. In the case of longer leases, where there are not regular rent reviews, there is a greater chance of divergence between cost and fair value, hence a professional revaluation is appropriate.

  • MoJ also leases various non-property assets such as vehicles and IT equipment. It has determined that, at the present time, all non-property leases which are not individually low value, are immaterial. Consequently, no non-property leases have been recognised in these accounts.

1.12 Service concession arrangements

Service concession arrangements (SCAs), including PFI arrangements, are where private sector operators are contractually obliged to provide services to the public in relation to certain infrastructure assets.

MoJ recognises the infrastructure asset at fair value (or the present value of the future minimum infrastructure payments, if lower) as a non-current asset in the Consolidated Statement of Financial Position (CSoFP) with a corresponding liability for future payments under the agreement, following the principles contained within IFRS 16. As per the FReM, this approach means the liability is remeasured whenever there is a change in future lease payments resulting from a change in an index/rate used to determine those payments.

For budgeting purposes, SCAs are evaluated according to the balance of risks and reward of ownership as defined by European System of Accounts (ESA) 10. This means that some SCAs recognised in the accounts are treated differently for budgetary purposes against HM Treasury budgeting controls.

1.13 Employee benefits

Short term benefits such as salaries and wages or post-employment benefits resulting from employment and long term benefits such as long service awards, including termination benefits (for example early departure costs) and pension benefits are recognised at the cost of providing the benefit in the period in which it is earned by the employee, rather than when it is paid or becomes payable.

IAS 19 Employee Benefits requires MoJ to recognise the expected cost of the annual leave entitlement of its employees that is accrued at the end of each financial year.

Defined benefit pension schemes
Principal Civil Service Pension Scheme and Judicial Pension Scheme

The provisions of the Principal Civil Service Pension Scheme (PCSPS) cover most past and present employees. Salaried and fee-paid judicial office holders are covered by the Judicial Pension Scheme (JPS). Both the PCSPS and the JPS are unfunded defined benefit schemes although, in accordance with the FReM paragraph 8.2 adaptation of IAS 19, the department accounts for these as defined contribution schemes and recognises contributions it pays as an expense in the year in which they are incurred. The legal or constructive obligation is limited to the amount that it agrees to contribute to the fund.

The department is responsible for the administration of the JPS that provides for the pension entitlements of salaried and fee-paid judicial office holders of six other participating bodies.

Pension entitlements are provided to salaried judges under the JPS. In September 2005, a retired fee-paid judicial office holder brought a claim in the employment tribunal seeking retrospective parity of treatment with salaried judicial office holders by claiming pension entitlements under the Part Time Workers Regulations.

A UK Supreme Court hearing on 6 February 2013 ruled that a retired fee-paid judicial office holder is entitled to a pension on terms equivalent to those of a salaried judicial office holder. This lead case set the precedent for other stayed cases. Consistent with the accounting for salaried judicial office holders, and in accordance with FReM 8.2, we account for employer contributions payable to the JPS for eligible fee-paid judicial office holders as they are incurred but do not recognise a liability in respect of back payments or the pension liability arising pursuant to the claim. Accordingly, provision for the fee-paid pension entitlement is recognised in the JPS accounts.

Provisions have been recognised in the department’s accounts for both the liability to fee-paid judicial office holders in respect of the Judicial Service Award, and the separate element of the pension liability relating to fee-paid judges, as neither of these is a liability covered by the JPS and its governing acts.

The JPS is not consolidated within these accounts and further information can be found in the Judicial Pensions Scheme annual report and accounts 2023 to 2024.

Further information about these provisions is set out in Note 20.

Funded pension schemes

Unlike the schemes described above, funded pension schemes are accounted for through the department’s CSoFP, applying IAS 19 Employee Benefits in full. These accounts contain the Local Government Pension Scheme (LGPS) for HMPPS probation staff and past employees of the probation trusts (including those who transferred to community rehabilitation companies (CRCs) and/or community rehabilitation services (CRSs), the Cafcass and the Legal Services Commission Pension Scheme (LSCPS). The cost of providing benefits is determined using the projected unit credit method, with formal actuarial valuations being carried out at the end of every third reporting period (the most recent valuations being as at 31 March 2022). The results of the valuations as at 31 March 2022, including the roll forward for the year 2023-24, were shown in actuarial reports as at 31 March 2024 and are reflected in the 2023-24 accounts.

Past employees of the Probation Trusts, and LGPS probation staff who transferred to CRCs and HMPPS National Probation Service (NPS) are covered by the provisions of LGPS via one pension fund administered by the Greater Manchester Pension Fund (GMPF). The Secretary of State for Justice has provided a guarantee to GMPF in respect of the CRSs’ participation in the GMPF for pension liabilities that transferred to the CRSs.

The liability or asset recognised in the CSoFP is the present value of the defined benefit obligation less the fair value of plan assets at the reporting date. The present value of the obligation is determined by discounting estimated future cash outflows using rates as advised by the scheme actuary. In between formal actuarial valuations, the obligation is approximated by adjusting the most recent full valuation using latest available membership data.

Remeasurements (comprising actuarial gains and losses), the effect of the asset ceiling (including irrecoverable surplus adjustments), and the return on plan assets (excluding interest) are recognised within other comprehensive expenditure in full in the period in which they arise. Service costs are recognised in the CSoCNE and are spread systematically over the working lives of the employees. The net interest charge in the CSoCNE reflects the unwinding of the discount applied to the net liabilities of the scheme.

IAS 19 requires that the discount rate is determined by reference to market yields at the end of the reporting period, on high quality AA corporate bonds of a currency and duration consistent with the currency and duration of the benefit obligations.

Under the requirements of IFRIC 14 The Limit on a Defined Benefit Asset, Minimum Funding Requirements and their Interaction, the value of any net pension surplus which was determined under IAS 19 is limited in the financial statements to reflect that the full economic benefit of a surplus is not realisable. This restriction is known as the asset ceiling.

In the case of the LSCPS, MoJ is able to recognise a pension asset as it has an unconditional right to a refund from the LSC during the life of the plan. MoJ can elect to withdraw money out of the fund, to the extent that the funding level doesn’t drop below 105%. Therefore, in the event of a surplus no asset ceiling is applied.

Further detail on the application of IFRIC 14 is included in Note 25 Pensions.

Other defined benefit pension schemes

The department has separate schemes that are ‘by-analogy’ or similar to the PCSPS. However, they are funded by provisions from the department’s vote and pension payments are administered by the department and made via the payroll system.

Early departure and injury benefit costs

The department is required to pay the additional cost of benefits beyond the normal PCSPS and LGPS benefits in respect of employees who retire early. The total cost is provided in full when the early departure programme has been announced and is binding on the department.

The Civil Service Injury Benefits Scheme requires the department to pay benefits to any individual who is injured in connection with their employment. Benefits are paid only in respect of loss of earning capacity, and a provision is made for expected future costs.

The early departure and injury benefit provisions are discounted using the rate disclosed in Note 1.18.

1.14 Income

Income is generated directly from the operating activities of the departmental group and includes both budgetary and non-budgetary income. Non-budgetary income is outside the ambit of the departmental group and is surrendered to the Consolidated Fund as CFERs (refer to Annex A, SOPS 4).

Income is stated net of VAT and comprises mainly fees and charges for services which are set on a full cost recovery basis.

MoJ recognises revenue from a number of different sources, primarily from: fees collected by HMCTS in relation to court fees for services rendered to civil court, family court and tribunal users, LAA civil representation and criminal case recoveries, OPG fees (largely power of attorney fees), HMPPS income (largely prison related), as well as recoveries for other government departments.

Fee income
HMCTS fee income

The majority of fees paid to HMCTS are for an application to commence the administration of a process or, to a lesser extent, for a court process or for a particular stage of the administration of the court process. The payment of a fee does not convey the right to a decision, or a particular outcome from the court, nor does it set out the timescale or process which will be followed by the court or tribunal, which is at the discretion of the judge. It is a fundamental principle of an independent judiciary that judges do not hold performance obligations to individuals or organisations in relation to court and tribunal activities.

The power to charge fees is conferred by section 92 of the Courts Acts 2003, and the power to charge enhanced fees is conferred by section 180 of the Anti-Social Behaviour Crime and Policing Act 2014. This is the legislation against which HMCTS assesses its performance obligations. This legislation also provides for statutory instruments to set out a price list for the fees to be charged. These statutory instruments, determined in the FReM adaption as contracts under IFRS 15, are interpreted as the performance obligations on HMCTS in respect of the individual fees charged. This does not place a performance obligation on the judiciary.

HMCTS has therefore adopted an income policy which recognises that in the administration of the courts system, HMCTS, whose role is to support the judiciary in their administration of justice, bears a responsibility to applicants to ensure their application is progressed upon receipt of the correct fee.

In recognition of this obligation, HMCTS defers most of its revenue until the issue of an application is completed, or any other obligations are completed that are required as part of the relevant statutory instrument.

Civil fees make up the majority of HMCTS income and can be disaggregated into broad jurisdictional categories. Within each category, there are three significant common performance recognition points: issue, hearing and enforcement.

OPG fee income

For OPG fees and charges, revenue from contracts with customers comprises fees for services which are set based on an OPG full cost recovery basis. Fee income consists of amounts for services rendered from power of attorney applications, supervision of court appointed deputies, and copies of power of attorney certificates.

Fines and penalties

MoJ also collects fines, criminal court charges and fixed penalties imposed by the judiciary or police, and is permitted to retain part of the value of fines and penalties collected. The HMCTS Trust Statement accounts for fines and penalties imposed by the criminal justice system as revenue ultimately payable to the Consolidated Fund, on a gross basis. It also accounts for the cash and balances payable to the Consolidated Fund and third parties in relation to the collection of the fines and penalties amounts.

As there are no specific performance obligations associated with receiving revenue from fines and penalties, the revenue is considered to be a non-exchange transaction and therefore outside the scope of IFRS 15. They are measured at the fair value of amounts received, or receivable, net of judicial cancellations and remissions. Revenue is recognised at the full value of the imposition when a fine or penalty is validly imposed and an obligation to pay arises. Where a penalty is cancelled due to attendance at a training course, as a result of an appeal or for other legal reasons or as a result of settlement by other valid means including imprisonment, revenue is derecognised and the derecognition of revenue is recorded as a reduction against revenue.

The victim surcharge

An additional surcharge is added to fines that are imposed. HMCTS is responsible for collecting the victim surcharge and passing the receipts to MoJ justice reform directorate to fund victims’ services. Revenue is recognised on the same basis as fines.

Recoveries from other government departments and income from the NHS and other healthcare providers

Recoveries from other government departments relate to the recharge of expenditure to other government departments. HMPPS receives income from the NHS in relation to healthcare funding and from the Home Office in relation to immigration removal centres. HMCTS receives funding from the Department for Work and Pensions and HM Revenue and Customs in respect of the operations of the First Tier Tribunal (Social Security and Child Support). The performance obligation is met, and the revenue recognised, at the time that the services are rendered or goods delivered.

Retail sales

Retail income is generated within HMPPS from retail sales in prison shops. Revenue is recognised at the point the goods are received by the prisoner.

The Legal Services Act 2007 (the Act) makes provision for the costs of OLC and LSB to be recovered through the imposition of a levy on the legal profession’s approved regulators. In accounting for levy income, section 175 of the Act requires all levy income collected by OLC and LSB to be surrendered to the Consolidated Fund. In return, OLC and LSB receive grant-in-aid funding from the core department equal to the income surrendered. Accordingly, a notional transfer to the Consolidated Fund has been shown in the Statement of Changes in Taxpayers’ Equity and an equal amount is shown as a notional grant-in-aid receipt from MoJ as the sponsoring department.

LSB and OLC, in conjunction with the department and HM Treasury, are seeking to identify a suitable legislative vehicle to make an amendment to section 175 of the 2007 Act to enable them to retain the levy income and not surrender it in return for an equal grant.

Other income
European Social Fund and other European funding

Through HMPPS, the department receives a financial allocation for delivery of resettlement services to offenders. The funding is used to support offenders considered hard to reach, in both custody and community settings, to increase employability and provide opportunities to access mainstream services. Funding is matched to eligible expenditure on an accruals basis. The performance obligation is met and income recognised when expenditure is incurred that meets the funding payment criteria.

1.15 Grants payable and paid

Grant-in-aid financing to the department’s NDPBs is reported on a cash basis in the period in which payments are made. Co-funding grants from other government departments are paid to NDPBs via the core department and are included as part of the grant-in-aid funding for the year. All grant-in-aid and supply funding made by the core department to its agencies and NDPBs is fully eliminated within the departmental group.

The department also makes a small number of grants to a variety of public sector, private sector and voluntary bodies. These grants are recognised at the point at which an authorised request is received from the recipient body, in accordance with the terms of the relevant financial memoranda.

1.16 Costs borne by the Consolidated Fund

The salary and social security costs of senior judges are included in these accounts as a cost and are funded from the Consolidated Fund. Senior judges also receive service award payments under an agreement with the department which are paid from the Consolidated Fund.

1.17 Notional costs

Notional costs comprise statutory auditors’ remuneration, which represents the National Audit Office’s cost for the audit of the department and executive agencies’ accounts. Such notional costs are credited directly to the General Fund.

Costs for corporate overheads are also notionally recharged to business areas. The majority of the notional recharge costs relate to IT services, estates costs, and shared services processing charges that are centrally managed on behalf of the group, and are eliminated on consolidation.

1.18 Provisions

Provisions are recognised in accordance with IAS 37 Provisions, Contingent Liabilities and Contingent Assets.

Provisions are measured at the present value of the expenditures expected to be required to settle the obligation. Where the effect of discounting is material, provisions are measured at their present value using the current discount rates set by HM Treasury based on the underlying cash flows: 4.26%, 4.03% and 4.72% for short-term, medium-term and long-term cash flows respectively.

Early departure and injury benefit provisions are discounted using the HM Treasury post-employment benefits real discount rate of 2.45% (2022-23: 1.70%).

1.19 Contingent assets and liabilities

A contingent liability is disclosed when the likelihood of a payment is less than probable, but more than remote, or the obligation cannot be measured reliably. Where the time value of money is material, contingent liabilities required to be disclosed under IAS 37 Provisions, Contingent Liabilities and Contingent Assets are stated at discounted amounts.

A contingent asset is a potential asset that arises from past events and whose existence will be confirmed only by the occurrence or non-occurrence of one or more uncertain future events not wholly within the control of MoJ. A contingent asset is disclosed where an inflow of economic benefits is probable.

1.20 Value Added Tax

Most of MoJ’s activities are outside the scope of VAT and, in general, output tax does not apply and input tax on purchases is not recoverable, except as allowed by HM Treasury’s Contracting Out Direction. Irrecoverable VAT is charged to the relevant expenditure category or included in the capitalised purchase costs of non-current assets, except leases (which are discussed in Note 1.11). Where output tax is charged or input tax is recoverable, the amounts are stated net of VAT.

1.21 Third party assets

MoJ holds, as custodian or trustee, certain assets belonging to third parties. In line with FReM requirements, these assets are not recognised in the CSoFP and are disclosed within Note 28 since neither the department nor the government has a direct beneficial interest in them.

1.22 Financial instruments

Recognition

Financial assets and financial liabilities which arise from contracts for the purchase and sale of non-financial items (such as goods or services), which are entered into in accordance with MoJ’s normal purchase, sale or usage requirements, are recognised when, and to the extent to which, performance occurs. All other financial assets and liabilities are recognised when MoJ becomes party to the contractual provisions to receive or make cash payments.

De-recognition

Financial assets are de-recognised when the contractual rights to receive future cash flows have expired or MoJ has transferred substantially all the risks and rewards of ownership to another entity. Financial liabilities are de-recognised when the obligation is discharged, cancelled or expires.

Classification and measurement of financial assets

In addition to cash and cash equivalents, MoJ has two categories of financial assets:

Financial assets at fair value through profit and loss

Fair value is equal to the market value at the reporting date, and the movement in the value of the assets is recognised immediately in the CSoCNE, as income or as an expense.

Receivables relating to LAA’s statutory charge are measured at fair value in line with the requirements of IFRS 13 Fair Value Measurement as they are not solely payments of principal and interest, and therefore do not meet the tests set out in IFRS 9. The practical application of IFRS 13 with regard to LAA’s assets applies the consideration of the three hierarchies set under the standard for determining fair value.

This is explained in further detail in LAA’s Annual Report and Accounts 2023-24, including detail regarding key assumptions which support the most significant fair value estimates.

MoJ, through HMPPS, holds share investments of £0.2 million (2022-23: £0.4 million) in milk companies due to the milk producing prison farms run by HMPPS at HMP Usk. They are held as financial assets at fair value through profit and loss. Fair value is equal to market value at the reporting date, and the movement in the value of assets is recognised immediately in the CSoCNE, as income or as an expense.

Financial assets at amortised cost

Cash and trade and other receivables are held at amortised cost. For assets at amortised cost, the amortised cost balance was reduced where appropriate by an allowance for amounts which were considered to be impaired or uncollectable.

MoJ recognises a provision for expected credit losses on financial assets measured at amortised cost. Any interest receivable or loss arising on impairment is recognised in the CSoCNE.

Trade receivables are generally due for settlement within 30 days and are therefore classed as current. A proportion of MoJ’s receivables relate to other government departments and other public bodies. These bodies are funded by Parliament and there is historical evidence to show that this debt is collected. MoJ is therefore not exposed to significant credit risk on these balances.

Receivables that are not due from other public bodies are grouped together for the purpose of working out the expected credit loss. For trade receivables with no significant financing components, IFRS 9 Financial Instruments allows an entity to use a simplified method for calculating expected losses using historical default rates over the expected life of the trade receivables and adjusting for forward-looking estimates. Receivables are shown net of expected credit loss using this approach.

Impairment of financial assets

At the end of each reporting period, MoJ assesses whether there is objective evidence that a financial asset or a group of financial assets is impaired. If there is objective evidence that an impairment loss on such an asset has been incurred, MoJ recognises this in the CSoCNE as the difference between the asset’s carrying amount and the present value of estimated future cash flows.

Classification and measurement – financial liabilities

MoJ has financial liabilities, comprising finance lease liabilities, trade payables, other payables and accruals. All financial liabilities are recognised initially at fair value, net of any transaction costs incurred, and then measured at amortised cost using the effective interest rate method. Where the effect is material, the estimated cash flows of financial liabilities are discounted.

1.23 Cash and cash equivalents

Cash and cash equivalents recorded in the CSoFP and Consolidated Statement of Cash Flows include cash in hand, deposits held at call with banks, other short term highly liquid investments with original maturities of three months or less at inception and bank overdrafts.

1 b) Critical accounting estimates and judgements

MoJ makes estimates and assumptions concerning the future. The resulting accounting estimates will, by definition, seldom equal the actual results. Estimates and judgements are continually evaluated and are based on historical experience and other factors, including expectations of future events that are believed to be reasonable under the circumstances.

Critical accounting estimates and assumptions

The preparation of the financial statements requires the use of judgements, estimates and assumptions that affect the reported amounts of assets and liabilities at the date of the financial statements and the reported amounts of income and expenditure during the reporting period. The estimates and assumptions that have a significant risk of causing a material adjustment to the carrying amounts of assets and liabilities within the next financial year are addressed below.

Revaluation and impairment of non-current assets

Subsequent to initial recognition land and buildings (including dwellings) are recorded at current existing use value, as interpreted by the FReM, based on professional valuations which are conducted for each property at least once every five years by the Valuation Office Agency, who are independent of MoJ, in accordance with the Royal Institute of Chartered Surveyors Appraisal and Valuation Manual. The value of land and buildings fluctuates with changes in construction costs and the current market conditions.

The majority of operational buildings are specialised and are therefore valued at depreciated replacement cost to a modern equivalent basis. This modern equivalent is assumed to be in the same location with the same internal area as the existing property. All other buildings are measured at fair value determined from market-based evidence.

All assets other than land and buildings and assets under construction are revalued at each reporting date using the Producer Price Index prepared by the Office for National Statistics.

Intangible assets include internally generated software and software licences. Internally generated software is initially recognised as assets under construction in the financial statements based on the cost (for example capitalised staff and consultancy costs) of creating that software, which could be a bespoke IT system or a modified existing system. When the system becomes available for use the asset is transferred to intangible IT and an impairment review is carried out. Subsequently, these assets are revalued using indices as an estimate of the current value of these assets and amortised over the useful life of the asset as estimated by the asset owners.

The carrying amounts of these assets are shown in Notes 13, 15 and 16.

Right of use assets

The cost model has been determined as a reasonable proxy for fair value in most cases, because the rents payable are aligned to open market rates. In the case of longer leases where there are not regular rent reviews, there is a greater chance of divergence between cost and fair value, hence a professional revaluation is appropriate.

In the event that a lease contract has expired, but MoJ remains in occupation pending negotiations for a renewed term, the lease term has been measured as the estimated time until the new contract will be agreed.

Net pension assets and liabilities

The present value of the net pension liability detailed in Note 25 depends on a number of actuarially derived assumptions about inflation, salary and pension trends, discount factors and mortality rates. The estimated net liability or asset is subject to fluctuation and uncertainty due to changes in these assumptions over time and differences between assumptions and actual events. Sensitivity analysis in relation to the assumptions used in the calculation of the gross pension liability is provided in Note 25.

The pension liabilities for 2023-24 reflect the appropriate assumptions. The discount rate at 31 March 2024 reflects the yield on high-quality corporate bonds. All assumptions are reviewed on an ongoing basis, and at least annually.

Provisions for liabilities and charges

The recognition and measurement of provisions rely on the application of professional judgement, historical experience and other factors expected to influence future events. Where the likelihood of a liability crystallising is deemed probable and can be measured with reasonable certainty, a provision is recognised. Provision balances which contain regular, homogeneous transactions are often derived from complex financial models. Estimates and assumptions applied in these models are continually evaluated and reviewed. Further information is set out in Note 20.

LAA financial assets

LAA recognises an impairment for expected credit losses on financial assets measured at amortised cost under IFRS 9 Financial Instruments. This includes receivables from legal aid providers and clients who are not subject to the statutory charge. Subsequent to initial recognition, at fair value, these assets are carried at amortised cost using the effective interest rate method, less any impairment. Any interest receivable or loss arising on impairment is recognised in the CSoCNE.

LAA derecognises a financial asset only when the contractual rights to the cash flows for the asset expire, or it transfers the financial asset and substantially all the risks and rewards of ownership to another entity.

For assets held at amortised cost, IFRS 9 requires LAA to recognise at amortised cost and to then recognise expected credit losses based on historic experience and adjusted for reasonable and supportable forward-looking information such as management’s assessment of likely recoveries. This assessment may be of individual assets (individual impairment) or of a portfolio of assets (collective impairment). An assessment of collective impairment is made of financial assets with similar risk characteristics. For these assets, LAA’s previous experience of losses in each portfolio is used to estimate the degree of impairment on that asset class.

Where such an estimate is made, impairment provisions are made to reduce the carrying value of financial assets accordingly. LAA apply the ‘simplified model’ and recognise lifetime expected credit losses.

The measurement of expected credit loss involves complexity and judgement. Further detail on the valuation model used to generate this estimate and the actual impairments against LAA’s receivables is included in Note 24 to these financial statements.

Default is determined by reference to one or more missed contractual payments but also includes arrangements in place to pay less than contractual payments, fraud and bankruptcy or other indicators. The areas in which management make estimations and assumptions are trade and other receivables (Note 17 and Note 24) and provisions for liabilities and charges (Note 20).

Critical judgements in applying accounting policies
LAA financial assets

The estimates and associated assumptions included within the financial statements are based on data held by LAA, historical experience and various other factors. These are believed to provide a reasonable basis on which the carrying values of assets and liabilities that are not readily apparent from other sources can be estimated.

The areas in which management make estimations and assumptions are trade and other receivables (Note 17 and Note 24) and provisions for liabilities and charges (Note 20).

SCAs

The classification of arrangements as SCAs requires MoJ to determine, based on an evaluation of the terms and conditions of the arrangements, whether it controls the infrastructure. Where MoJ is judged to control the infrastructure, the contract assets are reflected in the CSoFP.

2. Operating expenditure by operating segment

Under IFRS 8, operating segments are reported in a manner consistent with the internal reporting provided to the Chief Operating Decision Maker, that is, categorised according to business group.

The Chief Operating Decision Maker, who is responsible for allocating resources and assessing performance of the operating segments, has been identified as the Executive Committee. The segmental analysis presents the financial information based on the structure reported to the Executive Committee.

The segments are:

  • centrally held – centrally managed budgets and the departmental unallocated provision

  • policy and corporate services – departmental headquarters functions and the department’s NDPBs

  • HMCTS

  • HMPPS

  • other delivery agencies – LAA, OPG and CICA

The Executive Committee does not receive a CSoFP analysed by operating segment and therefore such an analysis is not presented here.

2. Operating expenditure by operating segment (continued)

2023-24
  Centrally held Policy and corporate services HMCTS HMPPS Other delivery agencies Gross total  (pre-eliminations)
  £000 £000 £000 £000 £000 £000
Income            
Income from external customers (1,160) (117,997) (62,640) (242,482) (59,036) (483,315)
Internal MoJ income - (160,706) (25) - (156) (160,887)
Interest - (586) (14) - - (600)
EU grants - - - (40,818) - (40,818)
CFERs (908) (21,168) - - - (22,076)
Fee income (355,296) (29,999) (745,028) - (114,890) (1,245,213)
Total income (357,364) (330,456) (807,707) (283,300) (174,082) (1,952,909)
Expenditure            
Staff costs 2,155 829,495 700,908 3,294,506 137,983 4,965,047
Judiciary costs 101 10,484 678,174 - - 688,759
Accommodation, maintenance and utilities - 37,170 306,605 689,168 6,278 1,039,221
Offender related costs - - - 746,433 - 746,433
Service concession charges - - 34,312 720,410 - 754,722
IT services and telecommunications (non‑service concession arrangements) 696 207,299 232,323 34,148 288 474,754
Contracted probation services (CRCs) - - - 96,388 - 96,388
Payments of grant-in-aid to MoJ NDPBs (eliminated on consolidation) - 308,842 - - - 308,842
Cost of legal services and disbursements (civil) - - - - 7,592 7,592
Cost of legal services and disbursements (crime) - - - - 5,462 5,462
Provisions provided for in year 302,446 2,554 (10,397) 26,727 248,366 569,696
Legal aid funded provisions - - - - 2,142,419 2,142,419
Rentals under operating leases - 93 14,678 1,945 241 16,957
Finance charges on leases and service concession arrangements - 6,003 22,761 16,787 160 45,711
Current grants - 303,631 25 4,892 - 308,548
Corporation tax - 146 - - - 146
Corporate recharges - (644,245) 104,666 492,512 47,067 -
Depreciation - 54,322 256,204 461,695 6,588 778,809
Amortisation - 16,780 118,460 13,288 8,204 156,732
CSoCNE impairments - 71 9,918 100,504 - 110,493
Individually immaterial items of expenditure (1,005) 385,780 178,949 246,825 90,637 901,186
Total expenditure 304,393 1,518,425 2,647,586 6,946,228 2,701,285 14,117,917
2022-23
  Centrally held Policy and  corporate  services HMCTS HMPPS Other  delivery  agencies Gross total (pre‑eliminations)
  £000 £000 £000 £000 £000 £000
Income            
Income from external customers (858) (131,906) (57,557) (218,920) (57,580) (466,821)
Internal MoJ income - (149,581) - - - (149,581)
Interest - (236) - - - (236)
EU grants - - - (32,821) - (32,821)
CFERs - (20,942) - - - (20,942)
Fee income (353,238) (30,001) (725,128)  - (85,100)  (1,193,467)
Total income (354,096) (332,666) (782,685) (251,741) (142,680) (1,863,868)
Expenditure            
Staff costs 4,824 729,521 656,936 3,054,332 117,605 4,563,218
Judiciary costs 21 10,458 631,745 - - 642,224
Accommodation, maintenance and utilities 2 41,496 308,312 605,206 5,280 960,296
Offender related costs - - - 619,766 - 619,766
Service concession charges - - 33,495 670,020 - 703,515
IT services and telecommunications (non‑service concession arrangements) 5 228,101 226,790 32,934 582 488,412
Contracted probation services (CRCs) - - - 69,876 - 69,876
Payments of grant-in-aid to MoJ NDPBs (eliminated on consolidation) - 288,031 - - - 288,031
Cost of legal services and disbursements (civil) - - - - 6,420 6,420
Cost of legal services and disbursements (crime) - - - - 4,462 4,462
Provisions provided for in year (5,324) 3,253 (79,396) (29,168) 197,130 86,495
Legal aid funded provisions - - - - 1,924,930 1,924,930
Rentals under operating leases - 7,018 11,832 2,075 475 21,400
Finance charges on leases and service concession arrangements - 7,018 14,734 12,268 194 34,214
Current grants - 286,689 25 4,434 - 291,148
Corporation tax - 45 - - - 45
Corporate recharges - (586,137) 84,568 452,265 49,304 -
Depreciation - 49,026 238,747 395,186 4,657 687,616
Amortisation - 14,997 75,639 9,717 6,947 107,300
CSoCNE impairments - - 262 (4,455) 1,014 (3,179)
Individually immaterial items of expenditure 11,908 400,834 120,600 274,852 70,676 878,870
Total expenditure 11,436 1,480,350 2,324,289 6,169,308 2,389,676 12,375,059

3. Revenue from contracts with customers

2023-24 2022-23
  Core  department and agencies Departmental group Core department and agencies Departmental group
  £000 £000 £000 £000
Fines receipts 385,295 385,295 383,239 383,239
Fee income 867,299 867,299 843,642 843,642
Victim surcharge 65,527 65,527 41,351 41,351
Legal aid - civil representation recoveries 14,535 14,535 14,141 14,141
Legal aid - criminal cases recoveries 23,791 23,791 21,989 21,989
Remand income 33,284 33,284 29,962 29,962
Income from NHS and other healthcare providers 66,400 66,400 59,779 59,779
Recoveries from other government departments 99,775 98,791 90,506 89,896
CICA income from the Scottish Government 19,345 19,345 19,143 19,143
External sales of prison industries 15,677 15,677 15,423 15,423
Retail prison shop income 81,464 81,464 72,187 72,187
In-cell TV income 1,831 1,831 1,560 1,560
Training 6,436 6,556 9,511 9,511
Compensation 5,678 5,320 4,629 4,629
Internal customers 2,549 2,549 1,736 1,736
Miscellaneous income 17,991 18,174 17,582 17,574
Revenue within MoJ’s ambit 1,706,877 1,705,838 1,626,380 1,625,762
CFER receipts 975 22,076 1,552 20,942
Total 1,707,852 1,727,914 1,627,932 1,646,704

4. Other operating income

2023-24 2022-23
  Core  department and agencies Departmental group Core department and agencies Departmental group
£000 £000 £000 £000  
Rental income 18,767 18,634 31,270 31,270
European Social Fund and other European funding 40,818 40,818 32,821 32,821
Miscellaneous income - 681 - 241
Total 59,585 60,133 64,091 64,332

5. Staff and judiciary costs

Staff costs

2023-24 2022-23
  Permanently employed staff Other Ministers Total Total
  £000 £000 £000 £000 £000
Wages and salaries 3,470,597 269,554 397 3,740,548 3,314,616
Social security costs 373,752 1,862 45 375,659 341,478
Other pension costs 791,846 30 - 791,876 888,611
Sub total 4,636,195 271,446 442 4,908,083 4,544,705
Early departure costs 45,052 - - 45,052 25,268
Add inward secondments 12,974 12,814 - 25,788 13,960
Less recoveries in respect of outward secondments (13,894) - - (13,894) (20,750)
Total net costs 4,680,327 284,260 442 4,965,029 4,563,183
Of which:
Core department and agencies
4,453,347 247,444 442 4,701,233 4,303,449
NDPBs 226,980 36,816 - 263,796 259,734
Total 4,680,327 284,260 442 4,965,029 4,563,183

Judiciary costs

2023-24 2022-23
  Senior judicial salaries Other judicial salaries Fee-paid judiciary Total Total
  £000 £000 £000 £000 £000
Wages and salaries 158,821 120,258 153,851 432,930 403,400
Social security costs 21,447 16,339 16,060 53,846 51,905
Other pension costs 81,320 62,916 57,747 201,983 186,919
Total 261,588 199,513 227,658 688,759 642,224

All judiciary costs are within the core department and agencies.

Staff and judiciary numbers and further details of related costs, including exit packages, are reported in the remuneration and staff report within the accountability section.

6. Purchase of goods and services

2023-24 2022-23
  Core  department and agencies Departmental group Core department and agencies (reclassified) Departmental group (reclassified)
  £000 £000 £000 £000
Lease/service concession charges:        
PFI service charges 598,179 598,179 566,928 566,928
Other service concession charges 156,543 156,543 136,587 136,587
Rentals under operating leases 16,563 16,604 21,378 21,400
Other services:        
Accommodation, maintenance and utilities 1,033,984 878,367 955,170 810,548
Communications, office supplies and services 65,524 67,304 57,791 59,264
Travel, subsistence and hospitality 69,368 73,679 57,568 61,098
Training and other staff related costs 70,144 74,689 99,024 103,516
IT services and telecommunications (non‑service concession arrangements) 465,345 474,018 480,061 488,244
Professional services 101,819 105,743 83,182 87,816
Other contracted out services 162,760 173,165 152,414 160,274
Auditor’s remuneration and expenses - 584 - 521
Other legal aid service costs - 7 - 61
Non-cash services:        
Auditor’s remuneration and expenses 2,122 2,122 1,973 1,973
Total 2,742,351 2,621,004 2,612,076 2,498,230

Non-cash external auditors’ remuneration and expenses represents the statutory audit fees of the core department and agencies. Refer to page 95 in the governance statement for details of total statutory audit fees for the group.

7. Depreciation, amortisation and impairment

2023-24 2022-23
  Core  department and agencies Departmental group Core department and agencies Departmental group
  £000 £000 £000 £000
Depreciation 774,242 778,809 684,114 687,616
Amortisation 153,674 156,732 104,463 107,300
Impairment of:        
Property, plant and equipment 105,838 105,838 (4,984) (4,984)
Intangible assets 4,626 4,626 1,518 1,518
Right of use assets (42) 29 287 287
Increase in receivables impairment 10,168 10,187 10,076 10,089
Total 1,048,506 1,056,221 795,474 801,826

8. Provision expense

2023-24 2022-23
  Core  department and agencies Departmental group Core department and agencies Departmental group
  £000 £000 £000 £000
Provisions provided in year net of release 568,261 569,696 85,751 86,495
Civil legal help and representation – solicitors’ charges, counsel fees and disbursements 969,987 969,987 1,011,854 1,011,854
Criminal cases – solicitors’ charges, counsel fees and disbursements 1,172,432 1,172,432 913,076 913,076
Total 2,710,680 2,712,115 2,010,681 2,011,425

Not included in the provisions expense note are employment tribunal refunds, which are charged against income, and dilapidations provisions which have been capitalised and added to right of use assets.

9. Net (gain)/loss on disposal of assets

2023-24 2022-23
  Core  department and agencies Departmental group Core department and agencies Departmental group
  £000 £000 £000 £000
Net (gain)/loss on disposal of:        
Property, plant and equipment 9,009 9,054 (11,356) (11,349)
Intangible assets 2,969 2,972 - 24
Right of use assets 126 126 (93) (93)
Assets held for sale (10,054) (10,054) (1,301) (1,301)
Total 2,050 2,098 (12,750) (12,719)

10. Revaluation of non-current and financial assets charged to CSoCNE

2023-24 2022-23
  Core  department and agencies Departmental group Core department and agencies Departmental group
  £000 £000 £000 £000
(Increase)/decrease in the valuation of:        
Property, plant and equipment 13,826 13,826 (14,406) (14,406)
Intangible assets (1) (1) (412) (415)
Assets held for sale 25 25 (7) (7)
Investments 143 143 (1) (1)
Total 13,993 13,993 (14,826) (14,829)

11. Other operating expenditure

2023-24 2022-23
  Core  department and agencies Departmental group Core department and agencies (reclassified) Departmental group (reclassified)
  £000 £000 £000 £000
Grants:        
Current 216,153 308,548 202,605 291,148
Capital 568 568 15,961 15,961
Criminal justice costs:        
Offender related costs 746,433 746,433 619,766 619,766
Youth offender costs 54,095 54,095 45,739 45,739
Contracted probation services 96,388 96,388 69,876 69,876
Judicial and juror costs 66,163 66,163 57,239 57,239
Cost of legal services and disbursements (civil) 7,592 7,592 6,420 6,420
Cost of legal services and disbursements (crime) 5,462 5,462 4,462 4,462
Cost from Central Funds 17,517 17,517 13,967 13,967
Compensation payments 39,042 39,042 31,116 31,116
Other administrative expenditure 18,544 19,118 13,424 13,601
Other programme costs 89,008 179,731 103,743 188,496
Grant-in-aid to NDPBs 329,943 - 307,609 -
Non-cash operating expense:        
Corporate notional overhead charge (4,315)   (3,722) -
Other pension costs 614 614 541 541
Other non-cash 5,594 5,596 4,268 4,259
Total 1,688,801 1,546,867 1,493,014 1,362,591

12. Finance expense

2023-24 2022-23
  Core  department and agencies Departmental group Core department and agencies Departmental group
  £000 £000 £000 £000
Finance charges on leases and service concession arrangements 45,592 45,711 34,133 34,214
Local authority loan interest 561 561 727 727
Non-cash finance expense:        
Net interest on pension schemes (13,706) (13,338) 42,262 48,520
Total 32,447 32,934 77,122 83,461

Finance charges under PFI and leased asset costs have arisen due to certain PFI loans now being measured under IFRS 16 principles.

13. Property, plant and equipment

Departmental group 2023-24

Land Buildings Dwellings Information technology Plant and  equipment Furniture,  fixtures and  fittings Payments on account and assets under  construction Total
  £000 £000 £000 £000 £000 £000 £000 £000
Cost or valuation                
At 1 April 2023 1,800,061 10,593,560 45,632 711,062 577,597 45,119 1,771,703 15,544,734
Additions 1,942 20,025 - 47,209 15,483 1,705 1,194,012 1,280,376
Disposals - (670) - (219,713) (16,007) (1,229) (1,664) (239,283)
Reclassifications 337 924,421 209 44,475 10,912 999 (983,357) (2,004)
Restatements - - - - - - - -
Revaluations (53,106) (467,146) (101) 7,404 13,922 1,206 - (497,821)
Transfers - (207) - - 42 (42) - (207)
Impairments 532 (105,289) (38) - - - (1,279) (106,074)
At 31 March 2024 1,749,766 10,964,694 45,702 590,437 601,949 47,758 1,979,415 15,979,721
Depreciation                
At 1 April 2023 - (3,406) (2) (510,993) (384,866) (33,907) - (933,174)
Charged in year (640) (502,800) (863) (75,981) (44,331) (1,942) - (626,557)
Disposals - 263 2 219,672 15,073 754 - 235,764
Reclassifications - 407 - - (2) 2 - 407
Restatements - - - - - - - -
Revaluations 629 503,327 857 (4,816) (10,142) (838) - 489,017
Impairments 11 225 - - - - - 236
At 31 March 2024 - (1,984) (6) (372,118) (424,268) (35,931) - (834,307)
Carrying amount at 31 March 2024 1,749,766 10,962,710 45,696 218,319 177,681 11,827 1,979,415 15,145,414
Carrying amount at 1 April 2023 1,800,061 10,590,154 45,630 200,069 192,731 11,212 1,771,703 14,611,560
Asset financing                
Owned 1,585,216 9,036,063 45,696 218,319 131,410 11,827 1,979,415 13,007,946
Finance leased - - - - 46,271 - - 46,271
On-balance sheet PFI and other SCAs 164,550 1,926,647 - - - - - 2,091,197
Carrying amount at 31 March 2024 1,749,766 10,962,710 45,696 218,319 177,681 11,827 1,979,415 15,145,414
Of the total                
Core department and agencies 1,749,766 10,960,498 45,696 216,593 177,675 10,446 1,978,582 15,139,256
NDPBs - 2,212 - 1,726 6 1,381 833 6,158
Carrying amount at 31 March 2024 1,749,766 10,962,710 45,696 218,319 177,681 11,827 1,979,415 15,145,414

Seven prisons are run by private sector operators under manage and maintain contracts. Assets covered by these contracts are reported as ‘on-balance sheet PFI and other SCAs’ in accordance with IFRIC 12 Service Concession Arrangements. Further details relating to these SCAs are disclosed in Note 21.

Per Note 1b, Critical accounting estimates and judgements, the split of property value at 31 March 2024 by valuation basis is shown in the table below.

Property values at 31 March 2024 £000
Property values at depreciated replacement cost 11,648,567
Property values at existing use value 813,759
Properties at market value 127,192
Leasehold improvements (not professionally valued) 73,228
Land attached to buildings within assets under construction 59,800
Surplus assets (not professionally valued) 5,323
Other assets (not professionally valued) 30,303
Total 12,758,172
Costs included within property, plant and equipment note
Land excluding dwellings 1,749,766
Buildings excluding dwellings 10,962,710
Dwellings 45,696
Total 12,758,172

Assets under construction will not be valued until ready to be made live and are therefore excluded from the analysis by valuation type.

Departmental group 2022-23

Land Buildings Dwellings Information technology Plant and  equipment Furniture,  fixtures and  fittings Payments on account assets under  construction Total
  £000 £000 £000 £000 £000 £000 £000 £000
Cost or valuation                
At 1 April 2022 1,782,971 9,835,001 53,533 615,062 500,931 39,523 1,212,460 14,039,481
Additions 1,200 40,443 - 47,268 14,725 (112) 1,035,646 1,139,170
Disposals (5,250) (11,582) - (9,382) (15,005) (452) 13 (41,658)
Reclassifications (5,198) 381,173 (301) 38,864 18,138 2,094 (468,025) (33,255)
Restatements - (18) - - (13) - - (31)
Revaluations 26,625 335,746 (7,600) 19,030 58,992 4,066 - 436,859
Transfers - - - 54 - - (870) (816)
Impairments (287) 12,797 - 166 (171) - (7,521) 4,984
At 31 March 2023 1,800,061 10,593,560 45,632 711,062 577,597 45,119 1,771,703 15,544,734
Depreciation                
At 1 April 2022 - (1,955) (12) (448,000) (317,221) (29,548) - (796,736)
Charged in year (528) (444,010) (825) (57,980) (37,821) (1,752) - (542,916)
Disposals - 919 - 9,068 13,361 438 - 23,786
Reclassifications - (737) 5 (335) (25) 25 - 1,067
Restatements - 9 - 2 7 (1) - 17
Revaluations 528 442,368 830 (13,748) (43,167) (3,069) - 383,742
At 31 March 2023 - (3,406) (2) (510,993) (384,866) (33,907) - (933,174)
Carrying amount at 31 March 2023 1,800,061 10,590,154 45,630 200,069 192,731 11,212 1,771,703 14,611,560
Carrying amount at 1 April 2022 1,782,971 9,833,046 53,521 167,062 183,710 9,975 1,212,460 13,242,745
Asset financing                
Owned 1,635,508 8,660,578 45,630 200,069 146,460 11,212 1,771,703 12,471,160
Finance leased - - - - 46,271 - - 46,271
On-balance sheet PFI and other SCAs 164,553 1,929,576 - - - - - 2,094,129
Carrying amount at 31 March 2023 1,800,061 10,590,154 45,630 200,069 192,731 11,212 1,771,703 14,611,560
Of the total                
Core department and agencies 1,800,061 10,589,414 45,630 198,984 192,724 11,073 1,770,533 14,608,419
NDPBs - 740 - 1,085 7 139 1,170 3,141
Carrying amount at 31 March 2023 1,800,061 10,590,154 45,630 200,069 192,731 11,212 1,771,703 14,611,560
Property values at 31 March 2023 £000
Property values at depreciated replacement cost 11,287,143
Property values at existing use value 854,631
Properties at market value 29,353
Total 12,171,126

The above does not include leasehold improvements as these are not professionally valued by the Valuation Office Agency. Also reported here are land assets associated with buildings that are not ready for use. The building elements are reported within assets under construction. Assets under construction will not be valued until ready to be made live and are therefore excluded from the analysis by valuation type.

14. Right of use leased assets

Departmental group 2023-24

Land Buildings Dwellings Information technology Total
  £000 £000 £000 £000 £000
Cost or valuation          
At 1 April 2023 1,246,280 413,955 - - 1,660,235
Additions 33,361 29,868 3,943 4,749 71,921
Disposals (4,557) (3,227) - - (7,784)
Reclassifications - (340) - - (340)
Remeasurements - (15) - - (15)
Revaluations (10,584) 6,724     (3,860)
Transfers (2,317) 205 - - (2,112)
Impairments - (29) - - (29)
At 31 March 2024 1,262,183 447,141 3,943 4,749 1,718,016
Depreciation          
At 1 April 2023 (160,268) (94,876) - - (255,144)
Charged in year (90,777) (60,653) (246) (402) (152,078)
Disposals 4,557 3,135 - - 7,692
Reclassifications - 245     245
Remeasurements - 15 - - 15
Revaluations 4,482 1,347 - - 5,829
Transfers 2,317 - - - 2,317
At 31 March 2024 (239,689) (150,787) (246) (402) (391,124)
Carrying amount at 31 March 2024 1,022,494 296,354 3,697 4,347 1,326,892
Carrying amount at 1 April 2023 1,086,012 319,079 - - 1,405,091
Of the total          
Core department and agencies 1,022,494 283,613 3,697 4,347 1,314,151
NDPBs - 12,741 - - 12,741
Carrying amount at 31 March 2024 1,022,494 296,354 3,697 4,347 1,326,892

The group’s lease contracts comprise leases of operational land and buildings. A maturity analysis of lease liabilities is given within Note 19, Trade payables.

Departmental group 2022-23

Land Buildings Total
  £000 £000 £000
Cost or valuation      
At 1 April 2022 1,207,527 347,280 1,554,807
Additions 34,016 90,108 124,124
Disposals (925) (6,421) (7,346)
Reclassifications (2,960) (16,709) (19,669)
Remeasurements - 37 37
Revaluations 8,622 (53) 8,569
Impairments - (287) (287)
At 31 March 2023 1,246,280 413,955 1,660,235
Depreciation      
At 1 April 2022 (79,374) (42,927) (122,301)
Charged in year (88,348) (56,352) (144,700)
Disposals 781 195 976
Reclassifications - (263) (263)
Remeasurements - (15) (15)
Revaluations 6,673 4,486 11,159
At 31 March 2023 (160,268) (94,876) (255,144)
Carrying amount at 31 March 2023 1,086,012 319,079 1,405,091
Carrying amount at 1 April 2022 1,128,153 304,353 1,432,506
Of the total      
Core department and agencies 1,086,012 305,216 1,391,228
NDPBs - 13,863 13,863
Carrying amount at 31 March 2023 1,086,012 319,079 1,405,091

On 30 September 2022, MoJ transferred the headlease of its main headquarters building, 102 Petty France, to the Government Property Agency, along with subleasing arrangements that MoJ had previously with other organisations, leasing back a smaller portion of the building from the Government Property Agency.

Amounts recognised in the Consolidated Statement of Comprehensive Net Expenditure

2023-24 2022-23
  Core  department and agencies Departmental group Core department and agencies Departmental group
  £000 £000 £000 £000
Sub-leasing income - - - -
Depreciation 122,240 125,511 92,320 94,458
Interest expense 17,485 17,621 11,636 11,742
Low value and short term leases 1,187 3,064 6,138 6,201
Non-recoverable VAT 33,308 33,308 11,965 11,965
Total 174,220 179,504 122,059 124,366

Amounts recognised in the Statement of Cash Flows

2023-24 2022-23
  Core  department and agencies Departmental group Core department and agencies Departmental group
  £000 £000 £000 £000
Right of use assets 1,295 1,996 1,758 1,780
Interest expense 17,485 17,602 11,636 11,742
Repayment of principal on leases 112,911 114,397 85,851 87,444
Total 131,691 133,995 99,245 100,966

15. Intangible assets

Departmental group 2023-24

Software licences Information technology Internally generated software Payments on account and assets under construction Total
  £000 £000 £000 £000 £000
Cost or valuation          
At 1 April 2023 60,302 459,518 942,121 156,475 1,618,416
Additions (3) 9,705 96 111,248 121,046
Disposals (1,315) (164,492) (12,987) (28) (178,822)
Reclassifications 1,796 25,574 87,481 (113,584) 1,267
Revaluations 688 3,562 15,029 - 19,279
Transfers - - - (2) (2)
Impairments - - - (4,626) (4,626)
At 31 March 2024 61,468 333,867 1,031,740 149,483 1,576,558
Amortisation          
At 1 April 2023 (46,555) (405,186) (444,688) - (896,429)
Charged in year (5,851) (18,355) (132,700) - (156,906)
Disposals 1,312 161,560 12,978 - 175,850
Reclassifications - 1,976 (1,976) - -
Revaluations (576) (2,954) (7,268) - (10,798)
At 31 March 2024 (51,670) (262,959) (573,654) - (888,283)
Carrying amount at 31 March 2024 9,798 70,908 458,086 149,483 688,275
Carrying amount at 1 April 2023 13,747 54,332 497,433 156,475 721,987
Asset financing          
Owned 9,798 70,908 458,086 149,483 688,275
Carrying amount at 31 March 2024 9,798 70,908 458,086 149,483 688,275
Of the total          
Core department and agencies 9,538 69,015 455,271 149,615 683,439
NDPBs 260 1,893 2,815 (132) 4,836
Carrying amount at 31 March 2024 9,798 70,908 458,086 149,483 688,275

Departmental group 2022-23

Software licences Information technology Internally generated software Payments on account and assets under construction Total
  £000 £000 £000 £000 £000
Cost or valuation          
At 1 April 2022 60,707 443,001 752,684 177,454 1,433,846
Additions 758 2,558 4,119 99,855 107,290
Disposals (422) 31 (4,369) (6) (4,766)
Reclassifications (2,237) 1,983 169,735 (120,027) 49,454
Revaluations 1,496 11,845 19,952 - 33,293
Transfers - - - 817 817
Impairments - 100 - (1,618) (1,518)
At 31 March 2023 60,302 459,518 942,121 156,475 1,618,416
Amortisation          
At 1 April 2022 (41,229) (378,993) (350,531) - (770,753)
Charged in year (5,045) (15,366) (86,889) - (107,300)
Disposals 391 (32) 4,381 - 4,740
Reclassifications 540 (239) 34 - 335
Revaluations (1,212) (10,556) (11,683) - (23,451)
At 31 March 2023 (46,555) (405,186) (444,688) - (896,429)
Carrying amount at 31 March 2023 13,747 54,332 497,433 156,475 721,987
Carrying amount at 1 April 2022 19,478 64,008 402,153 177,454 663,093
Asset financing          
Owned 13,747 54,332 497,433 156,475 721,987
Carrying amount at 31 March 2023 13,747 54,332 497,433 156,475 721,987
Of the total          
Core department and agencies 13,311 52,928 492,436 156,350 715,025
NDPBs 436 1,404 4,997 125 6,962
Carrying amount at 31 March 2023 13,747 54,332 497,433 156,475 721,987

At 31 March 2024 and 31 March 2023 there were no individually material intangible assets.

16. Assets held for sale

31 March 2024 31 March 2023
  Core department and agencies Departmental group Core department and agencies Departmental group
  £000 £000 £000 £000
Balance at 1 April 9,115 9,115 6,465 6,465
Reclassifications 425 425 4,464 4,464
Disposals (6,636) (6,636) (1,312) (1,312)
Revaluations (189) (189) (502) (502)
Balance at 31 March 2,715 2,715 9,115 9,115

HMPPS has committed to a plan to sell surplus properties, which are to be sold for commercial use and domestic dwellings. These sites have a combined value of £2.5 million (2022-23: £9.1 million).

As part of an ongoing court rationalisation review, HMCTS sold a number of surplus properties (land and buildings) that were previously used to provide court services. These sites had a combined net book value at 31 March 2023 of £0.2 million.

17. Trade and other receivables

31 March 2024 31 March 2023
  Core department and agencies Departmental group Core department and agencies Departmental group
  £000 £000 £000 £000
Amounts falling due within one year        
Trade receivables 46,031 46,150 66,265 66,442
Other receivables 158,651 159,613 168,442 170,189
Contributions due from funded clients 994 994 959 959
Statutory charge and interest 11,286 11,286 11,380 11,380
Amounts due from service providers 25,739 25,739 28,812 28,812
VAT receivables 77,543 78,413 72,448 72,448
Deposits and advances 101 295 38 100
Prepayments and accrued income 135,786 139,124 149,550 151,275
Intra-departmental receivables 434 - 1,279 -
Other - - - -
Current total 456,565 461,614 499,173 501,605
Amounts falling due after more than one year        
Sub-leasing receivables - - - -
Other receivables 32,469 32,469 32,789 32,789
Prepayments and accrued income 514 515 719 723
Contributions due from funded clients 3,337 3,337 4,420 4,420
Statutory charge and interest 85,647 85,647 84,326 84,326
Non-current total 121,967 121,968 122,254 122,258
Total 578,532 583,582 621,427 623,863

The above includes a receivables impairment provision of £247.3 million (2022-23: £247.8 million) for LAA. For further detail regarding the LAA impairment provision refer to Note 24.

Other receivables includes £96.3 million (2022-23: £103.8 million) due from HMCTS in respect of fines and penalties imposed by the criminal justice system, as disclosed in the HMCTS Trust Statement.

18. Cash and cash equivalents

31 March 2024 31 March 2023
  Core department and agencies Departmental group Core department and agencies Departmental group
  £000 £000 £000 £000
Balance at 1 April 302,793 359,382 181,685 222,894
Net change in cash and cash equivalents 33,670 19,202 121,108 136,488
Balance at 31 March 336,463 378,584 302,793 359,382
Of which:        
Government Banking Service 299,453 328,103 271,663 302,693
Commercial banks and cash in hand 37,010 50,481 31,130 56,689
Total 336,463 378,584 302,793 359,382

18.1 Reconciliation of liabilities arising from financing activities

IAS 7 requires an entity to provide disclosures that enabled users of the financial statements to evaluate changes in liabilities arising from financing activities, including both cash and non-cash changes. The table below provides a breakdown of movements in liabilities arising from financing activities.

Departmental group
Opening  liabilities  at 1 April  2023 Cash  flows  (out)/in Interest charged Capital repayment Interest paid IFRS16 and other adjustments Closing liabilities at  31 March 2024
  £000 £000 £000 £000 £000 £000 £000
Capital element of finance leases and on-balance sheet PFI contracts - (187,167) - 187,167 - - -
Repayment of local authority loans - (345) - 345 - - -
Interest paid - (46,272) (46,272) - 46,272 - -
Long‑term borrowings 19,222 - 701 (345) (701) - 18,877
Lease liabilities 1,498,014 - 20,479 (149,868) (20,479) 78,608 1,426,754
PFI and SCA liabilities 279,172 - 25,092 (37,299) (25,092) (6,653) 235,220
Total 1,796,408 - 46,272 (187,512) (46,272) 71,955 1,680,851
Departmental group
Opening liabilities at 1 April 2022 Cash flows (out)/in Interest charged Capital repayment Interest paid IFRS16 and other adjustments Closing liabilities at 31 March 2023
  £000 £000 £000 £000 £000 £000 £000
Capital element of finance leases and on-balance sheet PFI contracts - (177,796) - 177,796 - - -
Repayment of local authority loans - (1,529) - 1,529 - - -
Interest paid - (34,941) (34,941) - 34,941 - -
Long‑term  borrowings 20,751 - 746 (1,529) (746) - 19,222
Lease liabilities 1,596,864 - 20,014 (139,329) (20,014) 40,479 1,498,014
PFI and SCA liabilities 317,639 - 14,181 (38,467) (14,181) - 279,172
Total 1,935,254 - 34,941 (179,325) (34,941) 40,479 1,796,408

19. Trade payables and other financial liabilities

19.1 Payables

31 March 2024 31 March 2023
  Core department and agencies Departmental group Core department and agencies Departmental group
  £000 £000 £000 £000
Amounts falling due within one year        
Trade payables 131,555 139,113 119,634 127,295
Taxation and social security 86,899 91,363 82,106 88,098
Capital payables 156,066 156,080 195,521 195,548
Other payables 108,074 109,237 102,435 103,352
Accruals 706,166 722,502 775,618 792,937
Deferred income 93,636 95,426 95,549 95,773
Amounts due to solicitors, counsel and advice agencies 72,970 72,970 70,875 70,875
Contribution refunds to funded clients 2,065 2,065 2,048 2,048
Creditor for pension transfer deficit: amounts payable to LGPS - - - -
Amounts issued from the Consolidated Fund for supply but not spent at year end 315,295 315,295 283,368 283,368
CFERs due to be paid to the Consolidated Fund:        
- received 21,168 21,168 19,425 19,425
- receivable - - - -
Intra-departmental payables 44,767 - 33,711 -
Current total 1,738,661 1,725,219 1,780,290 1,778,719
Amounts falling due after more than one year        
Local authority loan balances 18,877 18,877 19,222 19,222
Deferred income - 404 - 911
Other payables 12,070 12,502 18,134 18,181
Non-current total 30,947 31,783 37,356 38,314
Total 1,769,608 1,757,002 1,817,646 1,817,033

19.2 Other financial liabilities

31 March 2024 31 March 2023
  Core department and agencies Departmental group Core department and agencies Departmental group
  £000 £000 £000 £000
Amounts falling due within one year        
Lease incentive creditors 87 87 87 87
Lease liabilities 135,435 137,895 131,537 133,880
Imputed finance lease element of on-balance sheet PFI contracts 36,969 36,969 35,836 35,836
Other - - - -
Current total 172,491 174,951 167,460 169,803
Amounts falling due after more than one year        
Lease liabilities 1,278,078 1,288,859 1,352,193 1,364,134
Imputed finance lease element of on-balance sheet PFI contracts 198,251 198,251 243,336 243,336
Other - - - -
Non-current total 1,476,329 1,487,110 1,595,529 1,607,470
Total 1,648,820 1,662,061 1,762,989 1,777,273

20. Provisions for liabilities and charges

2023-24 2022-23
  Core department and agencies Departmental group Core department and agencies Departmental group
  £000 £000 £000 £000
Balance at 1 April 1,580,660 1,585,713 1,611,695 1,616,040
Provided in the year 2,769,908 2,774,196 2,213,725 2,215,444
Provisions not required written back (55,567) (57,442) (195,626) (196,437)
Provisions utilised in the year (2,273,805) (2,274,367) (2,047,896) (2,048,096)
Borrowing costs (unwinding of discount) 5,061 5,061 (1,238) (1,238)
Balance at 31 March 2,026,257 2,033,161 1,580,660 1,585,713
Analysis of expected timing of discounted cash flows        
Not later than one year 1,204,194 1,209,135 1,076,090 1,079,836
Later than one year but not later than five years 616,267 617,952 275,952 277,186
Later than five years 205,796 206,074 228,618 228,691
Balance at 31 March 2,026,257 2,033,161 1,580,660 1,585,713

Provisions by type

2023-24
  Judicial Service Award Injury benefit scheme Early departure costs Costs from Central Funds Legal claims Repayment schemes (OPG and HMCTS) CICA pre-tariff scheme CICA tariff scheme Leasehold dilapidations LAA outstanding balances on funded cases Other Total
  £000 £000 £000 £000 £000 £000 £000 £000 £000 £000 £000 £000
Balance at 1 April 2023 117,496 108,528 58,597 28,731 142,711 14,916 688 169,210 88,061 830,311 26,464 1,585,713
Provided in the year 18,679 5,297 - 38,672 349,749 23 448 210,519 6,159 2,142,418 2,232 2,774,196
Not required and written back - (2,348) (1,451) (-) (35,590) (8,399) (15) (459) (2,297) - (6,883) (57,442)
Utilised in the year (14,156) (6,592) (4,648) (46,489) (28,169) (1,007) (385) (134,677) 174 (2,036,859) (1,559) (2,274,367)
Reclassifications between provisions categories - - - - - - - - - - - -
Borrowing costs (unwinding of discount) (1,000) - 2,217 - (1,960) - - 5,804 - - - 5,061
Balance at 31 March 2024 121,019 104,885 54,715 20,914 426,741 5,533 736 250,397 92,097 935,870 20,254 2,033,161
Analysis of expected timing of discounted  cash flows                        
Not later than one year 22,800 6,408 4,501 20,914 27,323 2,106 736 160,034 24,470 935,870 4,173 1,209,335
Later than one year but not later than five years 63,200 23,121 15,545 - 394,300 3,427 - 90,363 21,661 - 6,335 617,952
Later than five years 35,019 75,356 34,669 - 5,118 - - - 45,966 - 9,746 205,874
Balance at 31 March 2024 121,019 104,885 54,715 20,914 426,741 5,533 736 250,397 92,097 935,870 20,254 2,033,161
Judicial Service Award and fee-paid judicial claims

The Judicial Service Award (JSA) was created to equalise the tax position of judicial pensions affected by the provisions of the Finance Act 2004. Following the introduction of the Fee-Paid Judicial Pensions Scheme on 1 April 2017, the provision held for JSAs covers the liability to both salaried and fee-paid judges. The provision is calculated by the Government Actuary’s Department, taking into account the number of reckonable years served by the existing judiciary and the projected final salaries or fee earnings of existing members. JSA benefits ceased to accrue on 31 March 2022, as a result of the introduction of the Reformed 2022 JPS. JSAs accrued before that date remain the liability of MoJ and where members continue in active service remain linked to salaries or fee-rates at retirement.

The JSA provision takes into account liabilities arising from recent litigation. In November 2018 the Court of Justice of the European Union extended the period of service to be taken into account in calculating pensions for eligible fee-paid judges, and in December 2019 the UK Supreme Court ruled that the time limit to make a pension claim ran from three months from the date of retirement rather than from the end of fee-paid service, thereby extending the number of potential eligible claimants.

In June 2019, the Supreme Court refused the government permission to appeal the McCloud and Sergeant cases, which decided that the transitional protection provisions in the Judicial Pension Scheme (JPS) 2015 Regulations were unlawful on grounds of age discrimination.

The JSA provision of £121.0 million can be analysed as follows:

£m
Salaried judicial office holders 52.1
Fee-paid judicial office holders 22.4
Transitional protection 35.0
Length of service protection 11.5
Total 121.0
Sensitivity analysis

A sensitivity analysis for the JSA provision was undertaken by the Government Actuary’s Department to identify the impact of changes in the assumptions used to calculate the liability as at 31 March 2024. Each change is shown separately to enable the reader to understand the impact that an adjustment would have on the accounts. The following assumptions are used in the calculation of this provision.

  1. Discount rate: The liability is accounted for under IAS 37 Provisions, Contingent Liabilities and Contingent Assets and uses the general provisions discount rate as published by HM Treasury. The discount rate is used to calculate the present value of expected future cash flows. The sensitivity analysis shows the impact of a +0.5% change in the discount rate for the short term, medium term and long term. A +0.5% change in the rate which would result in a reduction in the liability of 1.5% or £1.1 million.

  2. (Long-term) salary increase: A long-term salary increase of CPI +1.0% per annum is used to calculate the provision. This is in keeping with the JPS resource accounts. The sensitivity analysis shows the impact of a +0.5% change in the earnings assumptions which would result in an increase in the liability of 2.5% or £1.9 million.

  3. Post-employment rates: This sensitivity shows the impact of calculating the provision using the post-employment benefits discount rate of 5.10% rather than the general provisions rates. Using the post-employment rate would have a negligible impact on the liability.

  4. Retirement age: This is the unweighted average age at which members are assumed to retire on grounds other than ill health in each of the JPSs. A one-year increase in the retirement age assumption would result in a reduction in the liability of 1.0% or £0.7 million.

  5. Inflation: A service award is paid when a member retires and is dependent on the earnings assumptions but not inflation.

Approximate effect on total liability
Change in assumption % £m
1. Discount rate: +0.5% per annum -1.5 -1.1
2. (Long-term) salary increase: +0.5% per annum +2.5 +1.9
3. Post-employment rates 0.0 0.0
4. Retirement age: all members retire 1 year later -1.0 -0.7
5. Inflation: +0.5% per annum Nil Nil

MoJ was required to compensate eligible retired fee-paid judges for the additional pension benefits due, including interest where applicable, until the JPS was amended by legislation to allow full benefits to be paid from the scheme. The scheme was amended on 1 April 2023 and the remaining payments will be made by JPS. MoJ has retained a provision of £1.9 million for compensation of an interest like nature which is not payable by JPS. This is included within the total for ‘other provisions’.

Injury benefits scheme

HMPPS meets the costs of the Civil Service Injury Benefit Scheme for payments granted under the scheme after 1 April 1998. The scheme pays benefits to any PCSPS member who suffers disease or injury, which is wholly or partially attributable to the nature of their duty, or who suffers an attack or similar act which is directly attributable to employment within the service. Benefits are paid only in respect of loss of earning capacity, and a provision is made for expected future costs. The Government Actuary’s Department provides HMPPS with annuity rates each year covering whole of life (for total liability value), one year and one to five years (for cash flow values). These assumptions take the time value of money into account.

Early departure costs

The department meets the additional costs of benefits beyond normal PCSPS benefits for employees who retire early. This involves paying amounts determined by the pension administrator annually to PCSPS over the period between early departure and normal retirement date. The department provides for this in full when the early retirement programme becomes binding on the department by establishing a provision for the estimated payments discounted at the HM Treasury nominal rate of 5.10% (2022-23: 4.15%).

Costs from Central Funds

Under the terms of the Prosecution of Offences Act 1985, acquitted defendants who have applied for legal aid and been found ineligible may, in limited circumstances, obtain an order from the Crown Court to recover their costs. LAA estimates the value of unbilled costs to arrive at the amount disclosed in the accounts as a provision. The amount is an estimate of the expenditure required to settle any obligation at the reporting period end date.

Provision has been made for all known claims where legal advice indicates that it is more likely than not that the claim will be successful, and the amount of the claim can be reliably estimated. The figures represent the best estimate of the amount payable. In 2023-24, a provision of £300 million has been made for judicial claims. The value of the provision represents the best estimate of the amount payable, however as they are ongoing claims there remains uncertainty about the timing and amount of any potential outflows. Legal claims which are likely to succeed with a lesser degree of certainty or cannot be estimated reliably are disclosed as contingent liabilities in Note 26.

CICA pre-tariff schemes

The pre-tariff scheme provision reflects CICA’s liabilities in respect of all outstanding cases incurred prior to 1996 which remain to be settled in future years. In accordance with CICA’s accounting policies, the provision is reviewed annually and reflects the likely settlement values at the year-end based on the circumstances of each application at that time. CICA’s estimate of the likely settlement requires judgment and the final payment may differ from this estimate.

Pre-tariff scheme award values are assessed by the First-Tier Tribunal. This assessment includes the application of a discount rate (the Lord Chancellor’s discount rate, which is currently -0.25%). The award values assessed by the First-Tier Tribunal are not then further discounted by CICA, due to uncertainties surrounding both the final liability and the settlement date. Additionally, due to these uncertainties, all pre-tariff liabilities are classed as falling due within one year, and have not been discounted by HM Treasury’s discount rate.

CICA does not hold any assets in respect of these liabilities. Compensation will be paid from parliamentary funding in the year of settlement.

CICA tariff schemes

The provision for tariff schemes is reflective of CICA’s liabilities under the 1996, 2001, 2008 and 2012 schemes. CICA recognises liabilities that are based upon an evaluation of total applications that are currently known and received by CICA but have not yet been processed through to award. These are referred to as claims reported but not completed. The overall liability for the tariff scheme is £285.8 million with £250.4 million included in this provisions note and £35.4 million included as a tariff scheme accrual within Note 19 (31 March 2023: £169.2 million and £36.5 million). Where an event has occurred on or before the reporting date, but an application has not yet been made, CICA recognises this as an unquantifiable contingent liability. This is because no legal obligation as a result of a past event exists. It is only where an application for compensation has been received that an obligation is recognised in relation to the Scheme.

The provision model for tariff schemes estimates a provision for three different categories of case.

  • Not decided: These are cases which are still under assessment by CICA and therefore a potential monetary value has not yet been determined. In order to estimate a provision for these cases, the model builds historical profiles of average award values, aggregated by tariff band and case age, which are then applied to the population of outstanding cases. A further adjustment is made to account for the fact that a subset of the live case population will be ‘nil-assessed’ i.e. will not attract a monetary award. The proportion of such cases is determined based upon an assessment of the historical proportion of nil-assessed cases within each tariff band.

  • Decided: These are live cases that have been sufficiently assessed to determine their potential monetary value, but where a decision letter has not been issued to the applicant. Until a decision letter is issued, the monetary value may be subject to revision arising from changes in the circumstances of the applicant, checks by CICA resulting in the identification of error or a change in value determined by the timing at which an offer is made to the applicant. Additionally, until the decision letter is issued there is uncertainty over the timing of discharge of the liability. Where a decision letter has been sent to the applicant, the award is classified as ‘on offer’ and accrued for, rather than included in the tariff provision.

  • On offer not accrued: Once an offer is made, the award value is accrued and therefore no provision is required. However, in a small proportion of such cases the applicant does not accept the compensation offered and an adjustment is made to account for this. The proportion is removed from the total ‘on offer’ accrual and added back into the value of the provision. The percentage is determined based upon an assessment of the historical level of the proportion of cases where this occurs.

Since applications are determined under the scheme in force at the date of application, the tariff provision model calculates the provision for pre-2012 schemes (1996, 2001 and 2008) and the current 2012 scheme separately.

The number of remaining live cases for the pre-2012 schemes is low and decreasing. As at 31 March 2024, the provision model has therefore been adjusted to estimate value based on operational judgments around the likely compensation for each individual case, with an adjustment for likely changes to currently assessed values on appeal, which is calculated based on appeal rates for cases resolved in the past three years.

The following assumptions underpin the provision for post-2012 tariff schemes:

  1. Average value: average value profiles for both tariff bands and case age are derived from historical case data.

  2. % nil value: the proportion of cases which will be assessed at nil value is derived from historical case data.

  3. Decided to offer: the calculation assumes that decided cases will be paid out at 100% of their decided value.

  4. Timing: the expected timing in which the liability is discharged is calculated on the basis of operational capacity.

  5. Discounting: the liabilities are discounted, based on the expected timing of discharge, at HM Treasury’s nominal discount rate. The real rate is not used, as tariff schemes’ compensation payments are not subject to inflationary pressures. The discount is unwound over the life of the provision, with the unwinding disclosed as a finance charge in the CSoCNE.

    The following assumptions are new or amended at 31 March 2024:

  6. Tariff age profiling: profiles for cases under 12 months old are created using an overall average of the last four provisions (i.e. live case) population profiles.

  7. Tariff price profiling: two price profiles (0-12 months and 12+ months) are applied to cases based on historic resolved data for cases which resolved within those timescales, but weighted to predict a trend towards later resolution.

  8. Banding: resolved bandings are predicted based on historic data showing how cases move across different bands over time, including how unbanded cases eventually resolve.

HM Treasury discount rates used are as follows:

31 March 2024 31 March 2023
Years % %
1 to 5 4.26 3.27
6 to 10 4.03 3.2
11+ 4.72 3.51

CICA does not hold any assets in respect of tariff schemes liabilities. Compensation will be paid from parliamentary funding in the year of settlement.

Tariff schemes sensitivity analysis

A sensitivity analysis for the tariff provision has been undertaken to identify the impact of any changes to key assumptions. Each assumption within the provision model has been identified, a reasonable change identified and the impact on the overall financial liability calculated. These changes include flexing historical data trends to show the potential impact on the provision. For each assumption which is being analysed for sensitivity, only that assumption is changed. This is because if two or more assumptions are changed at one time, the actual sensitivity of a change in assumption may be obscured because of the potential interrelation of the assumptions.

The following tables show the impact of adjusting the key assumptions. The ranges of the sensitivity tests shown are based on the variability of past data. They do not represent the maxima or minima of past observed values nor the full range of possible outcomes, but they do capture future values that could plausibly occur. The ‘low profile’ sensitivity assumes a weighting in the case mix towards younger, less complex cases, while the ‘high profile’ sensitivity assumes a weighting towards older, more complex cases. Each change is shown separately but in practice combinations are possible as different assumptions can be correlated together.

Pre-2012 change 2012 change Total change
  Assumption £000 £000 £000
Average value Negative variation - (6,675) (6,675)
Average value Positive variation - 6,675 6,675
Percentage nil value +5% - (22,420) (22,420)
Percentage nil value -5% - 22,420 22,420
Decided to offer -5% - (94) (94)
Decided to offer +5% - 94 94
Tariff profiles Low profile (2) (25,221) (25,223)
Tariff profiles High profile (1) 5,465 5,464
Legacy Modelled value (3,456) - (3,456)
Legacy Average decided (1,323) - (1,323)
Legacy Legacy alternative (1,444) - (1,444)
Timing All year one 129 5,682 5,811
Timing All year three (325) (14,374) (14,699)
Timing Even over three years (100) (4,416) (4,516)
Leasehold dilapidations

Dilapidation costs are an estimate of the expenditure required to return vacated leased buildings to their original condition as at the date of commencement of the lease. The movement in the year is as a result of updated information relating to property vacations, new properties leased during the year, and changes in the cost per square metre of the properties leased due to the general market conditions’ impact on prices.

LAA outstanding balances on funded cases

The LAA funds legal aid across four main schemes: civil representation, legal help, crime higher and crime lower. Provisions for work in progress on funded cases, by scheme category, are as follows:

At 31 March 2024 £000
Civil representation 296,252
Legal help 54,647
Crime lower 50,780
Crime higher 534,191
Total 935,870

At any point in time there will be unbilled costs for each of these schemes, pertaining to live cases. The value of unbilled work and costs is estimated each year using complex models and based on the latest data available. The resulting work in progress (WIP) provisions are estimates of the expenditure required to settle any obligation in existence at the end of the reporting period. As per IAS 37 Provisions, Contingent Liabilities and Contingent Assets, WIP liabilities are recognised as provisions, rather than as payables, due to the measurement uncertainty.

As all liabilities for funded cases are expected to be settled within the next 12 months, no discounting of provisions for the time value of money is applied.

In recognition of the uncertainty inherent in estimates, a sensitivity analysis is performed for each major class of funded WIP provision. Reasonable changes are made to the key assumptions in the models and the impact on the final WIP balance calculated. Assumptions have been changed to either represent those that would have been used by the model based on historical data trends or flexed by a percentage that is considered appropriate by management to show the impact on the provision. For each assumption that is being analysed for sensitivity, only that assumption is changed: if two or more assumptions are changed at one time, the actual sensitivity of a change in assumption is obscured because of the potential interaction between the assumptions.

Overarching assumptions

Underlying the estimates of liabilities for unbilled work across all of the legal aid funding schemes, and Central Funds, is the modelling assumption that costs accrue at a constant rate throughout the lifetime of cases. This is a simplifying modelling assumption. In reality, it is accepted that costs are generally concentrated towards the beginning and the end of legal matters. LAA have demonstrated, however, that over a sufficiently large population of cases, this concentration of costs averages out to be equivalent to the assumption used within the modelling, that costs accrue at a constant rate.

Further information on the assumptions for the civil representation and crime higher provisions, which are material to the MoJ financial statements, is provided below. Equivalent information for the legal help and crime lower provisions is available in LAA’s annual report and accounts.

Civil representation: sensitivity analysis

The civil representation work in progress provision is calculated on a case-by-case basis using past patterns of activity, with multiple potential duration and cost outcomes. The calculations are segmented between the different expenditure streams and between different milestones in a case’s lifecycle. The model estimates activity to the next financial event in each expenditure stream, reflecting the business realities of billing timing.

The reasonable alternative assumptions below have been arrived at by observing the maximum historical high and low points within the actual source data of the respective models, adjusted for projected future trends.

The impact of the following reasonable alternatives to these inputs has been quantified:

Increase in net financial liability (Decrease) in net financial liability
Assumptions tested Assumption £m Assumption £m
Duration profile
[footnote 1]
Max duration + 1 year 20.4 Max duration - 1 year (20.4)
Final billing duration
[footnote 2]
+15 days 0.9 -15 days (0.9)
Average final bill value +15% 46.8 -15% (45.2)
Profile variance
[footnote 3]
-15% 20.7 +15% (31.0)

Using these reasonable alternative assumptions, the fair value of the financial liabilities at 31 March 2024 could be higher by up to +21.8% (£88.8 million) or lower by up to -24.0% (-£97.5 million).

Crime higher: sensitivity analysis

Below are the reasonable alternative scenarios modelled. These relate to the flexing of certain assumptions, such as the number of cases expected to close or the amount of time a case takes to go through the system.

Increase in net financial liability (Decrease) in net financial liability
Assumptions tested Assumption £m Assumption £m
Price profiles
[footnote 4]
+10.0% 47.0 -10.0% (47.0)
Completion rates
[footnote 5]
+2.5% 44.4 -2.5% (40.1)
Case durations
[footnote 6]
+10.0% 40.2 -10.0% (40.4)
Transfers
[footnote 7]
-20.0% 8.1 +20% (8.1)

Using these reasonable alternative assumptions, the fair value of the financial liabilities at 31 March 2024 could be higher by up to +26.7% (£139.7 million) or lower by up to -25.9% (-£135.6 million).

Other provisions

Employment Tribunals and Employment Appeal Tribunal Fee Repayment Scheme: this scheme arises from a Supreme Court judgment on 26 July 2017 quashing the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013/1893. HMCTS identified £32.2 million in fees paid and to date have refunded £18.8 million including interest. As HMCTS are not able to reliably estimate the probability that the remaining fees will be claimed and refunded no provision is recognised, but a contingent liability of £14 million is disclosed.

In July 2018, the Court of Protection, Civil Proceedings and Magistrates Courts Fees (Amendment) Order 2018 became law. The statutory order reduced a small number of fees which were mistakenly set above cost. These changes affect fees charged for certain proceedings in the Court of Protection, particular fees relating to civil proceedings in the magistrates’ courts (including Council Tax Liability Orders), fees for general applications in insolvency proceedings and the fees charged for High Court Judges sittings as arbitrators. The refund scheme applicable to these cases was launched by MoJ in January 2020.

The Council Tax Liability Order liability remains as a provision for £3.4 million due to uncertainty of timing to discharge the liability to each recipient. In 2023-24 HMCTS refunded £0.3 million (2022-23: HMCTS refunded £2 million).

Following an internal review of fees, it was determined that an incorrect fee for low value personal injury claims was charged. The error arose as a result of a single flat fee being charged for cases which should have been treated as money claims and had a sliding fee scale applied. This has resulted in an overcharge of £16.4 million for which a refund scheme was launched in October 2020.

The refund provisions for personal injury and other claims (Court of Protection, insolvency, Royal Courts of Justice and other fees) at 31 March 2024 were estimated at £2.1 million (2022-23: £4.5 million), and HMCTS continues to accept the liability for all claims until the end of the qualifying period. The balance of the liability is shown as a contingent liability of £11.7 million for personal injury claims and £9.3 million for other claims (Court of Protection, insolvency, Royal Courts of Justice and other fees).

Other provisions include a provision for an onerous lease of undeveloped land of £8.2 million (2022-23: £14.5 million). The decrease of £6 million relates to a change in the discount rate used to calculate the onerous lease provision.

21. Commitments under PFI and SCAs

21.1 Arrangements not recognised on the Consolidated Statement of Financial Position

As at 31 March 2024 there are no off-balance sheet PFI commitments.

21.2 Arrangements recognised on the Consolidated Statement of Financial Position

Project name Entity Contract start date Duration (years) Description
PFI contracts        
Hereford and Worcester Magistrates’ Courts HMCTS March 2000 25 Provision of serviced accommodation for magistrates’ courts at Bromsgrove, Kidderminster, Worcester and Redditch. The contract term can be extended by mutual agreement for another 10 years. At the end of the contract term the buildings shall revert to HMCTS at no cost.
Humberside Magistrates’ Courts HMCTS March 2000 25 Provision of serviced magistrates’ courthouses in Hull, Beverley and Bridlington. On expiry, HMCTS has the option of taking the assets back for a nominal amount of £3 million.
Manchester Magistrates’ Court HMCTS March 2001 28 Provision of serviced accommodation at Manchester Magistrates Court at Spinningfields in Manchester. The contract term can be extended by mutual agreement by up to 10 years. At the end of the contract term the building shall revert to HMCTS at no cost.
Derbyshire Magistrates’ Courts HMCTS August 2001 27 Provision of serviced accommodation for magistrates’ courts at New Mills, Chesterfield and Derby. The contract term can be extended (subject to agreement of mutually acceptable terms) by up to five years. At the end of the contract term the buildings shall revert to HMCTS at no cost.
East Anglia HMCTS October 2002 25 Provision of Crown Court centres in Ipswich (five criminal courtrooms) and Cambridge (three criminal courtrooms). At the end of the contract term the buildings in Ipswich and Cambridge will revert to HMCTS at no cost.
Exeter HMCTS November 2002 32 Provision of a courthouse comprising four criminal courts, one civil court and four District Judge hearing rooms. At the end of the contract term the building will revert to HMCTS at no cost.
Sheffield HMCTS November 2002 27 Provision of a family hearing centre in Sheffield. At the end of the contract term HMCTS has the option of acquiring the under lease at the lower of its open mar-ket value or £2 million.
Avon and Somerset Magistrates’ Court HMCTS August 2004 27 Provision of serviced accommodation at Bristol Magistrates Court, North Somerset Magistrates Court, and Avon and Somerset Probation HQ and Training Centre, both at Worle. The contract term can be extended by mutual agreement by up to five years. At the end of the contract term the buildings shall revert to HMCTS at no cost.
HMP Ashfield HMPPS November 1999 25 Design, build, finance and operate a 400-place young offenders and juveniles category B prison at Pucklechurch, near Bristol, which was converted in 2013 to hold adult offenders.
HMP  Forest Bank HMPPS January 2000 25 Design, build, finance and operate an 800-place category B prison, HMP Forest Bank, on site of former Agecroft power station.
HMP  Rye Hill HMPPS January 2001 25 Design, build, finance and operate a 600-place category B prison, HMP Rye Hill at Onley, near Rugby.
HMP Dovegate HMPPS July 2001 25 Design, build, finance and operate a 1,060-place category B prison and therapeutic community facility at HMP Dovegate, Marchington.
HMP Bronzefield HMPPS June 2004 25 Design, build, finance and operate a 500-place category B prison at Ashford in Middlesex.
HMP Peterborough HMPPS March 2005 25 Design, build, finance and operate an 840-place category B prison at Peterborough in Cambridgeshire.
HMP Thameside HMPPS March 2012 25 Design, build, finance and operate a 900-place category B prison at Woolwich in London.
Oakhill Secure Training Centre HMPPS May 2004 25 Design, construct and manage a secure training centre, located in Milton Keynes, Oakhill.
Prisoner Escort Custody Service HMPPS August 2020 10 The supply and running of the prison vans and escorts.
Other service concession arrangements        
HMP Doncaster HMPPS October 2011 15 Manage and maintain a 1,145-place category B prison at Doncaster in South Yorkshire.
HMP Oakwood HMPPS April 2012 15 Manage and maintain a 2,100-place category C prison at Featherstone in the West Midlands.
HMP Northumberland HMPPS December 2013 15 Manage and maintain a 1,348-place category C prison at Morpeth in Northumberland.
HMP Five Wells HMPPS November 2020 10 Manage and maintain a 1,680-place category C prison at Wellingborough in Northampton.
HMP and YOI Parc HMPPS December 2022 10 Manage and maintain a 1,652-place category B prison and 60-place young offender institution at Bridgend in South Wales.
HMP Lowdham Grange HMPPS February 2023 10 Manage and maintain a 920-place category B prison at Lowdham in Nottingham.
HMP Altcourse HMPPS May 2023 10 Manage and maintain a 1,164-place category B prison at HMP Altcourse, Liverpool (in mobilisation phase at 31 March 2023).
HMP Fosse Way HMPPS June 2023 10 Manage and maintain a 1,715-place category C prison at HMP Fosse Way in Leicester.

The total amount charged in the CSoCNE in respect of the service element of on-balance sheet (CSoFP) PFI or other service concession transactions was £754.7 million (2022-23: £703.5 million).

Eight prisons are run by private sector operators under manage and maintain contracts. Assets covered by these contracts were reported as ‘Owned’ in prior years but have been reclassified to ‘On-balance sheet (CSoFP) PFI and other SCA contracts’ in accordance with IFRIC 12 Service Concession Arrangements.

Details of the imputed finance lease charges under SCAs recognised on the CSoFP are given in the table below for each of the following periods:

31 March 2024 31 March 2023
  Core department and agencies Departmental group Core department and agencies Departmental group
  £000 £000 £000 £000
Rentals due not later than one year 48,536 48,536 48,224 48,224
Rentals due later than one year but not later than five years 152,262 152,262 161,071 161,071
Rentals due later than five years 102,542 102,542 140,689 140,689
  303,340 303,340 349,984 349,984
Less: interest element (68,120) (68,120) (70,812) (70,812)
Present value of obligations 235,220 235,220 279,172 279,172

The present value of liabilities under SCAs recognised on the CSoFP are given in the table below for each of the following periods:

31 March 2024 31 March 2023
  Core department and agencies Departmental group Core department and agencies Departmental group
  £000 £000 £000 £000
Rentals due not later than one year 36,969 36,969 35,836 35,836
Rentals due later than one year but not later than five years 115,596 115,596 126,568 126,568
Rentals due later than five years 82,655 82,655 116,768 116,768
Present value of obligations 235,220 235,220 279,172 279,172

Details of the minimum service charge under SCAs recognised on the CSoFP are given in the table below for each of the following periods:

31 March 2024 31 March 2023
  Core department and agencies Departmental group Core department and agencies Departmental group
  £000 £000 £000 £000
Service charge due within one year 763,084 763,084 683,997 683,997
Service charge due later than one year but not later than five years 2,218,154 2,218,154 2,258,276 2,258,276
Service charge due later than five years 651,289 651,289 1,556,944 1,556,944
Total 3,632,527 3,632,527 4,499,217 4,499,217

22. Capital commitments

Capital expenditure contracted for at the end of the reporting period but not included in these financial statements is as follows:

31 March 2024 31 March 2023
  Core department and agencies Departmental group Core department and agencies Departmental group
  £000 £000 £000 £000
Property, plant and equipment 341,320 342,710 559,108 559,108
Intangible assets 5,779 5,779 11,240 11,240
Total 347,099 348,489 570,348 570,348

23. Other financial commitments

MoJ has entered into non-cancellable contracts (which are not leases or PFI contracts) for the provision of services including the management of prisons and other contracted out services.

The payments to which MoJ is committed are as follows:

31 March 2024 31 March 2023
  Core department and agencies Departmental group Core department and agencies Departmental group
  £000 £000 £000 £000
Not later than one year 82,322 84,908 128,783 131,191
Later than one year but not later than five years 62,027 64,616 111,739 115,411
Total 144,349 149,524 240,522 246,602

24. Financial instruments

IFRS 7 Financial Instruments: Disclosures, requires disclosure of the role that financial instruments have had during the year in creating or changing risks an entity faces in carrying out its business.

As the cash requirements of MoJ are met through the parliamentary Supply Estimates process, financial instruments play a more limited role in creating and managing risk than would apply to a non-public sector body of a similar size. MoJ’s exposure to financial risk is mainly in respect of credit risk in relation to LAA’s receivables.

LAA receivables

The LAA is exposed to minimal market, liquidity or interest rate risk: exposure to financial risk is mainly in respect of credit risk in relation to receivables.

Under the Legal Aid Act 1974, the Legal Aid Act 1988, the Access to Justice Act 1999 and the LASPO Act 2012, where funded clients have recovered or preserved property rather than obtaining damages, recoverable costs may be secured by a charge against the property. Under the Community Legal Service (Financial) Regulations 2000 as amended by the Community Legal Service (Financial) (Amendment) Regulations 2005 and the Civil Legal Aid (Statutory Charge) Regulations 2013, some of these debts are interest bearing debts that have interest due on the outstanding balance at 8% per annum.

The income for statutory charge, statutory charge interest, contributions due from funded clients and recovery of defence costs are initially recognised under IFRS 15 Revenue from Contracts with Customers.

LAA receivables risk identification and management

The LAA has an inherent risk within trade and other receivables, as these are not predisposed to straightforward cash collections. The LAA recognises this risk and mitigates it in the case of statutory charge debts, where enforcement of the debt may be deferred, by securing land charges and using active credit management policies to recover unsecured debts. In some cases the debt collection activities are outsourced to commercial debt collectors.

The size of the risk is reflected in the receivables impairment provision and cumulative fair value losses that total £247.3 million (31 March 2023: £247.8 million).

The majority of the LAA’s trade and other receivables are the result of a statutory charge: £95.3 million (31 March 2023: £94.0 million) out of a total receivables balance after impairment of £172.6 million (31 March 2023: £174.1 million).

A high proportion of these are secured on property and settlement is deferred until the property is sold. Secured statutory charge debt is measured under IFRS 13 and reductions in carrying value are classed as fair value adjustments rather than impairments.

The LAA provides for impairment of receivables based on historical cash collection experience and management assessment of likely recoveries, for each category of debt. This analysis is also used to inform the expected cash flows for trade and other receivables which are measured at fair value. This assumes that future performance will be reflective of past performance and there will be no significant change in the payment profile or recovery rates within each identified group of receivables. To address the risk that this assumption is incorrect, the LAA undertakes a rollback review to compare previous estimated repayment profiles with the actual experience in subsequent years, to assess the accuracy of the profile and resulting impairment, adjusting assumptions where required. There have been no material adjustments to the assumptions as a result of this review at 31 March 2023.

There is no adjustment in the impairment of the LAA’s receivables at 31 March 2024 to reflect the potential future impact of current levels of inflation. Based on the experience from previous recessions we do not consider this will have a material impact on the fair value of receivables, and in particular secured debt, recognised in these accounts. The impact of a recession has historically resulted in a delay in the cash receipts on secured debt, due to the impact on the property market and delays to property sales which result in the repayment of the debt.

LAA receivables sensitivity analysis

LAA’s receivables impairment models use historical recovery profiles by debt category to estimate the provision required against debt balances. The impairment model is underpinned by specific assumptions including: the life of debt, the expected remittance profiles and the discount rates above.

The impact of the following reasonable possible alternatives to these assumptions has been considered:

  • cash received evenly throughout the year rather than at the end of the year

  • predicted cash receipts used to calculate the impairment provision cashflows +/- 10%

  • discount rate +/- 1%

Increase/(decrease) in net financial assets
    31 March 2024 31 March 2023
  Assumption £m £m
Income received Evenly through the year 1.2 2.4
Expected cash inflows based on historic repayment profiles +10% 9.1 9.7
Expected cash inflows based on historic repayment profiles -10% (9.3) (10.3)
Discount rate +1% (10.0) (9.1)
Discount rate -1% 11.9 10.5
Highest change   22.2 22.6
Lowest change   (19.3) (19.3)

These assumptions are reviewed annually and changed if management believe alternative assumptions are a better reflection of the underlying trends.

Other credit risks

Credit risk related to fines and penalties collection and banking activities is explained in the HMCTS Trust Statement.

The department is exposed to minimal credit risk in respect of other financial assets. The maximum exposure to credit risk is equal to the carrying amount of outstanding receivable balances. The department manages its credit risk by undertaking background and credit checks prior to establishing a debtor relationship.

The IFRS 9 approach to impairment provisioning is a forward-looking ‘expected loss’ approach. Expected losses on the department’s financial assets are not considered to be material.

Fair values

In accordance with IFRS 9 each financial asset is classified at initial recognition, or at the point of first adoption of IFRS 9, into one of three categories:

  • financial assets at fair value through profit and loss (‘FVTPL’)

  • financial assets at fair value through other comprehensive income (‘FVOCI’)

  • financial assets at amortised cost

For assets at amortised cost, the amortised cost balance was reduced where appropriate by an allowance for amounts which were considered to be impaired or uncollectible.

Financial liabilities are classified into one of two categories:

  • financial liabilities at FVTPL

  • financial liabilities at amortised cost

Categories of financial assets and financial liabilities: carrying value compared to fair value

The following tables summarise the carrying amounts and fair values of financial assets and liabilities.

31 March 2024
  Assets at FVTPL Assets at FVOCI Assets at amortised cost Total
Financial assets: £000 £000 £000 £000
Cash at bank and in hand - - 378,584 378,584
Trade and other receivables 95,285 - 338,839 434,124
Other financial assets 239 - - 239
Total financial assets 95,524 - 717,423 812,947
    Liabilities at FVTPL Liabilities at amortised cost Total
Financial liabilities:   £000 £000 £000
Trade and other payables   - 1,155,139 1,155,139
Other financial liabilities   - 1,662,061 1,662,061
Total financial liabilities   - 2,817,200 2,817,200
31 March 2023
  Assets at FVTPL Assets at FVOCI Assets at amortised cost Total
Financial assets: £000 £000 £000 £000
Cash at bank and in hand - - 359,382 359,382
Trade and other receivables 93,994 - 395,158 489,152
Other financial assets 382 - - 382
Total financial assets 94,376 - 754,540 848,916
    Liabilities at FVTPL Liabilities at amortised cost Total carrying value at 31 March 2023
Financial liabilities:   £000 £000 £000
Trade and other payables   - 1,238,242 1,238,242
Other financial liabilities   - 1,777,273 1,777,273
Total financial liabilities   - 3,015,515 3,015,515

MoJ considers that the carrying amounts for cash and cash equivalents, trade payables and other liabilities approximate to their fair value due to the short-term maturities of these instruments.

Fair value hierarchy

MoJ uses the following hierarchy for determining and disclosing the fair value of financial instruments by valuation technique:

  • level 1: quoted (unadjusted) prices in active markets for identical assets or liabilities

  • level 2: other techniques for which all inputs that have a significant effect on the recorded fair value are observable, either directly or indirectly

  • level 3: techniques which use inputs that have a significant effect on the recorded fair value that are not based on observable market data

All of the financial assets and liabilities measured at fair value fall within level 3.

25. Pension costs

Reconciliation of net pension (liability)/asset 2023-24:

Cafcass pension LSC pension Probation pension
  Present value of obligation Fair value of plan assets Net (liability)/asset Present value of obligation Fair value of plan assets Net (liability)/asset Present value of obligation Fair value of plan assets Net (liability)/asset
  £000 £000 £000 £000 £000 £000 £000 £000 £000
Balance at 1 April 2023 (701,512) 689,429 (12,083) (250,843) 317,264 66,421 (4,741,699) 4,940,681 198,982
Current service cost (17,482) - (17,482) - - - (132,946) - (132,946)
Past service cost (9) - (9) - - - (2,039) - (2,039)
Settlements - - - (614) - (614) - - -
Net interest (32,614) 32,457 (157) (11,656) 14,796 3,140 (224,797) 235,409 10,612
Total recognised in the CSoCNE (50,105) 32,457 (17,648) (12,270) 14,796 2,526 (359,782) 235,409 (124,373)
Scheme participants’ contributions (6,291) 6,291 - - - - (43,173) 43,173 -
Employer contributions - 17,672 17,672 - - - - 184,420 184,420
Benefits paid after net transfers 21,969 (21,969) - 11,488 (11,488) - 196,638 (196,638) -
Total cash flows 15,678 1,994 17,672 11,488 (11,488) - 153,465 30,955 184,420
Actuarial gains/(losses) Changes in demographic  assumptions 11,319 - 11,319 3,964 - 3,964 31,557 - 31,557
Changes in financial assumptions 23,023 - 23,023 (876) - (876) 281,261 - 281,261
Experience gains/(losses) (4,375) - (4,375) (1,443) - (1,443) (151,933) - (151,933)
Return on assets excluding amounts included in net interest - 30,167 30,167 - (23,964) (23,964) - 126,497 126,497
Gain/(loss) due to effects of asset ceiling under IFRIC 14 - (46,030) (46,030) - - - - (1,075,916) (1,075,916)
Remeasurements through other comprehensive net expenditure 29,967 (15,863) 14,104 1,645 (23,964) (22,049) 160,885 (949,419) (788,534)
Balance at 31 March 2024 (705,972) 708,017 2,045 (249,980) 296,878 46,898 (4,787,131) 4,257,626 (529,505)
Of which
Core department and agencies
- - - (249,980) 296,878 46,898 (4,787,131) 4,257,626 (529,505)
NDPBs (705,972) 708,017 2,045 - - - - - -
Balance at 31 March 2024 (705,972) 708,017 2,045 (249,980) 296,878 46,898 (4,787,131) 4,257,626 (529,505)

Reconciliation of net pension (liability)/asset 2022-23:

Cafcass pension LSC pension Probation pension
  Present value of obligation Fair value of plan assets Net (liability)/asset Present value of obligation Fair value of plan assets Net (liability)/asset Present value of obligation Fair value of plan assets Net (liability)/asset
  £000 £000 £000 £000 £000 £000 £000 £000 £000
Balance at 1 April 2022 (917,308) 681,041 (236,267) (350,793) 463,255 112,462 (6,774,717) 5,143,874 (1,630,843)
Current service cost (35,746) - (35,746) - - - (252,798) - (252,798)
Past service cost (13) - (13) - - - (4,695) - (4,695)
Administration costs - - - (541) - (541) - - -
Net interest (24,551) 18,397 (6,154) (9,339) 12,368 3,029 (184,516) 139,246 (45,270)
Total recognised in the CSoCNE (60,310) 18,397 (41,913) (9,880) 12,368 2,488 (442,009) 139,246 (302,763)
Scheme participants’ contributions (5,956) 5,956 - - - - (34,391) 34,391 -
Employer contributions - 16,775 16,775 - - - - 162,924 162,924
Benefits paid after net transfers 22,451 (22,451) - 10,428 (10,428) - 163,141 (163,141) -
Total cash flows 16,495 280 16,775 10,428 (10,428) - 128,750 34,174 162,924
Actuarial gains/(losses) Changes in demographic  assumptions (4,441) - (4,441) 7,045 - 7,045 149,141 - 149,141
Changes in financial assumptions 342,679 - 342,679 117,066 - 117,066 2,603,910 - 2,603,910
Experience gains/(losses) (78,627) - (78,627) (24,709) - (24,709) (406,774) (70,674) (477,448)
Return on assets excluding amounts included in net interest - (10,289) (10,289) - (147,931) (147,931) - (48,610) (48,610)
Gain/(loss) due to effects of asset ceiling under IFRIC 14 - - - - - - - (257,329) (257,329)
Remeasurements through other comprehensive net expenditure 259,611 (10,289) 249,322 99,402 (147,931) (48,529) 2,346,277 (376,613) 1,969,664
Balance at 31 March 2023 (701,512) 689,429 (12,083) (250,843) 317,264 66,421 (4,741,699) 4,940,681 198,982
Of which
Core department and agencies
- - - (250,843) 317,264 66,421 (4,741,699) 4,940,681 198,982
NDPBs (701,512) 689,429 (12,083) - - - - - -
Balance at 31 March 2023 (701,512) 689,429 (12,083) (250,843) 317,264 66,421 (4,741,699) 4,940,681 198,982

The assumptions used by the actuaries were:

Cafcass pension LSC pension Probation pension Cafcass pension LSC pension Probation pension
  2023-24 2023-24 2023-24 2022-23 2022-23 2022-23
  % % % % % %
Inflation assumption n/a 2.85 n/a 2.70 2.80 n/a
Rate of increase in salaries 3.85 n/a 3.55 3.95 n/a 3.75
Pension increase rate 2.60 2.90 2.75 2.70 2.80 2.95
Discount rate 4.80 4.80 4.85 4.70 4.75 4.75
Pension accounts revaluation rate 2.60 n/a - 2.70 n/a n/a

The major categories of scheme assets for 2023-24 were:

Cafcass pension LSC pension Probation pension
  Quoted Unquoted Total Value as a percentage of total scheme assets Quoted Unquoted Total Value as a percentage of total scheme assets Quoted Unquoted Total Value as a percentage of total scheme assets
  £000 £000 £000 % £000 £000 £000 % £000 £000 £000 %
Equities 481,836 116,877 598,713 79.4 48,892 - 48,892 16.5 2,062,363 - 2,062,363 36.8
Gilts 64,094 - 64,094 8.5 174,047 - 174,047 58.6 - - - -
Corporate bonds 31,670 - 31,670 4.2 64,559 - 64,559 21.7 556,308 - 556,308 9.9
Property 7,540 13,573 21,113 2.8 - - - - - 226,918 226,918 4.0
Cash and cash equivalents - 13,573 13,573 1.8 6,234 - 6,234 2.1 - 145,742 145,742 2.6
Investment funds and unit trusts - - - - - - - - 952,805 1,274,859 2,227,664 39.8
Other 754 24,130 24,884 3.3 - 3,147 3,147 1.1 - 384,099 384,099 6.9
Total 585,895 168,152 754,047 100.0 293,732 3,147 296,878 100.0 3,571,476 2,031,618 5,603,094 100.0

The major categories of scheme assets for 2022-23 were:

Cafcass pension LSC pension Probation pension
  Quoted Unquoted Total Value as a percentage of total scheme assets Quoted Unquoted Total Value as a percentage of total scheme assets Quoted Unquoted Total Value as a percentage of total scheme assets
  £000 £000 £000 % £000 £000 £000 % £000 £000 £000 %
Equities 455,713 101,346 557,059 80.8 52,999 - 52,999 16.7 1,986,070 - 1,986,070 38.2
Gilts 47,571 - 47,571 6.9 193,089 - 193,089 60.9 - - - -
Corporate bonds 31,714 - 31,714 4.6 64,028 - 64,028 20.2 486,096 - 486,096 9.4
Property 7,584 15,167 22,751 3.3 - - - - - 202,234 202,234 3.9
Cash and cash equivalents - 15,857 15,857 2.3 3,640 - 3,640 1.1 131,861 - 131,861 2.5
Investment funds and unit trusts - - - - - - - - 865,649 1,137,285 2,002,934 38.5
Other - 14,478 14,478 2.1 - 3,508 3,508 1.1 - 388,815 388,815 7.5
Total 542,582 146,848 689,430 100.0 313,756 3,508 317,264 100.0 3,469,676 1,728,334 5,198,010 100.0

Sensitivity analysis - change in assumptions relative to 31 March 2024 actuarial assumptions for Cafcass pension liabilities (based on the change in liabilities):

The sensitivity analysis is intended to provide an indication of the impact on the value of the scheme’s liabilities from the risks highlighted below.

Actuarial value of liabilities on 31 March 2024 Actuarial value of liabilities on 31 March 2023
  £000 £000
Base case 705,972 701,512
0.1% decrease in discount rate 717,268 713,438
0.1% increase in the salary increase rate 706,678 702,214
1 year decrease in post-retirement mortality age rating* 724,327 719,751
0.1% increase to pension increase rate 716,562 712,035

*A rating of +1 year means that members are assumed to follow the mortality pattern of the base table for an individual that is one year older than them.

Sensitivity analysis - change in assumptions relative to 31 March 2024 actuarial assumptions for LSC pension liabilities (based on total liabilities):

Actuarial value of liabilities on 31 March 2024 Actuarial value of liabilities on 31 March 2023
  £000 £000
Base case 249,980 250,843
0.5% decrease in discount rate 268,089 269,499
1 year increase in life expectancy 257,979 260,877
0.5% per annum increase in inflation 265,847 267,252

Sensitivity analysis - change in assumptions relative to 31 March 2024 actuarial assumptions for probation pension liabilities (based on the change in liabilities):

Actuarial value of liabilities on 31 March 2024 Actuarial value of liabilities on 31 March 2023
  £000 £000
Base case 4,787,131 4,741,699
0.1% decrease in real discount rate 4,875,580 4,827,199
1 year increase in member life expectancy 4,978,616 4,931,367
0.1% increase in the salary increase rate 4,797,136 4,752,380
0.1% increase in the pension increase rate (CPI) 4,867,126 4,817,743

The principal demographic assumption is the mortality assumption (i.e. member life expectancy). For sensitivity purposes, actuaries estimate that a one-year increase in life expectancy would approximately increase the employer’s defined benefit obligation by around 3% to 5%. In practice the actual cost of a one-year increase in life expectancy will depend on the structure of the revised assumption (i.e. if improvements to survival rates predominantly apply at younger or older ages). For 2023-24, a one-year increase in member life expectancy would increase the liability by 4% or £191.5 million.

25.1 Cafcass pension scheme

Employees of Cafcass are members of the LGPS through the West Yorkshire Pension Fund. The scheme provides funded defined benefits based on pensionable salary. The assets of the scheme are held separately from those of Cafcass and are invested in managed funds. Employer contribution rates are determined by a qualified actuary and on the basis of triennial valuations.

The scheme assets are measured at fair value. Scheme liabilities are measured using a projected unit method and discounted at the current rate of return on a high-quality corporate bond of equivalent term and currency to the liability.

The pension scheme surplus (to the extent that it is considered recoverable) or deficit is recognised in full on the face of the CSoFP. The movement in the scheme surplus/deficit is split between operating charges (within staff costs) and reserves in the case of actuarial gains and losses.

Funding/governance arrangements of the LGPS

The funded nature of the LGPS requires participating employers and its employees to pay contributions into the fund, calculated at a level intended to balance the pension liabilities with investment assets. Information on the framework for calculating contributions to be paid is set out in LGPS Regulations 2013 and the fund’s ‘Funding strategy statement’. MoJ does not expect to contribute to the Scheme in the period ended 31 March 2024.

The last actuarial valuation was at 31 March 2022 and the contributions to be paid until 31 March 2026 resulting from that valuation are set out in the fund’s ‘Rates and adjustment certificate’ (employer contributions over this period will be: 2023-24: 19.1%, 2024-25: 18.6% and 2025-26: 18.1%).

The Fund Administering Authority, City of Bradford Metropolitan District Council, is responsible for the governance of the fund.

Assets

The assets allocated to the employer in the fund are notional and are assumed to be invested in line with the investments of the fund for the purposes of calculating the return over the accounting period. The fund holds a significant proportion of its assets in liquid investments. As a consequence, there will be no significant restriction on realising assets if a large payment is required to be paid from the fund in relation to an employer’s liabilities. The assets are invested in a diversified spread of investments and the approximate split of assets for the fund as a whole (based on data supplied by the Fund Administering Authority) is shown in the disclosures.

The Fund Administering Authority may invest a small proportion of the fund’s investments in the assets of some of the employers participating in the fund if it forms part of their balanced investment strategy.

Risks associated with the fund in relation to accounting

Asset volatility

The liabilities used for accounting purposes are calculated using a discount rate set with reference to corporate bond yields. If assets underperform this yield this will create a deficit in the accounts. The fund holds a significant proportion of growth assets which, while expected to outperform corporate bonds in the long term, creates volatility and risk in the short term in relation to the accounting figures.

Changes in bond yield

A decrease in corporate bond yields will increase the value placed on the liabilities for accounting purposes although this will be marginally offset by the increase in the assets as a result (to the extent the fund invests in corporate bonds).

Inflation risk

The majority of the pension liabilities are linked to either pay or price inflation. Higher inflation expectations will lead to a higher liability value. The assets are not perfectly correlated with inflation meaning that an increase in inflation will increase the deficit.

Life expectancy

The majority of the fund’s obligations are to provide benefits for the life of the member following retirement, so increases in life expectancy will result in an increase in the liabilities.

Exiting employers

Employers who leave the fund (or their guarantor) may have to make an exit payment to meet any shortfall in assets against their pension liabilities. If the employer (or guarantor) is not able to meet this exit payment the liability may in certain circumstances fall on other employers in the fund. Further, the assets at exit in respect of ‘orphan liabilities’ may, in retrospect, not be sufficient to meet the liabilities. This risk may fall on other employers. ‘Orphan liabilities’ are currently a small proportion of the overall liabilities in the fund. The ‘Funding strategy statement’ sets out the risk management strategies for the risks that impact on the funding strategy of the pension fund. One of these strategies, for example, is that the Fund Administering Authority has diversified investments held to mitigate the risk of asset volatility.

25.2 LSC pension scheme (LSCPS) – closed

On 1 April 2013, under the Legal Aid, Sentencing and Punishment of Offenders Act, the LSC was abolished and replaced by an executive agency of the department, LAA.

Nature of benefits, regulatory framework, and other entity’s responsibilities for governance of the LSCPS

The LSCPS is a registered defined benefit final salary scheme. The average duration of the LSCPS scheme liabilities as at 31 March 2024 was 14.4 years. It has a crown guarantee, with the department as the sponsoring employer, but in effect retains most of the UK regulatory framework for pensions including ‘scheme specific funding’. The LSCPS is operated under trust and as such, the trustees of the Scheme are responsible for operating the Scheme and have a statutory responsibility to act in accordance with the Scheme’s ‘Trust deed and rules’, in the interests of the beneficiaries of the LSCPS and UK legislation (including trust law). Any contributions that are paid to the LSCPS are defined by a funding arrangement between the trustees and the department.

Risks to which the LSCPS exposes the department

The nature of the LSCPS exposes the department to the risk of paying unanticipated contributions to the Scheme in times of adverse experience. The most financially significant risks are likely to be:

  • members living for longer than expected

  • higher than expected actual inflation

  • lower than expected investment returns

  • the risk that movements in the value of the Scheme’s liabilities are not met by corresponding movements in the value of the Scheme’s assets

  • the LSCPS hedges 90% of its interest rate and inflation exposure as assessed on a gilts basis using index-linked and fixed-interest gilts

  • the LSCPS also holds a historical buy-in policy (approximatively 1% of scheme accounts) which fully matches benefits covered by the policy

The trustees of the LSCPS maintain a risk register which they use to determine appropriate responses to mitigate the risks identified. These include maintaining a high level of hedging for interest rate and inflation changes and a prudent approach when setting future longevity assumptions.

Expected contributions over the next accounting period and future funding arrangements

The department does expect to contribute to the LSCPS for the year to 31 March 2024 . The ‘Schedule of contributions’ dated 2 November 2016 sets out the current contributions payable by the department to the Scheme. Future contributions depend on the Scheme’s funding position at each formal valuation and are set out in the Scheme’s funding framework.

The funding arrangements and asset ceiling are set out in Section 18 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Where the value of the Scheme assets is more than 105% of the value of the Scheme’s technical provisions on the effective date of an actuarial valuation, this constitutes a refundable surplus. The department can request payment of amounts not exceeding the refundable surplus.

The Scheme would be required to make payment unless advised by the actuary that, because of events subsequent to the date of the actuarial valuation, payment would reduce the value of the assets of the Scheme to less than 105% of the value of the Scheme’s technical provisions.

25.3 Probation pension schemes

HMPPS offers retirement benefits within the LGPS to probation staff working within the Probation Service.

With effect from 1 June 2014, HMPPS is responsible for the overall pension liability for past and present LGPS employees employed in the Probation Service (formerly the NPS), including the former probation trusts and the former CRCs (and their sub-contracted bodies) and, with effect from 26 June 2021, the current LGPS employees within the outsourced CRS providers. The total net pension position is recorded within the HMPPS accounts. The contracts with the CRS providers (and previously with the CRCs) were designed so that the CRSs paid a fixed fee, with the pension liability risk remaining with HMPPS. The total LGPS pension liability transferred to HMPPS on 1 June 2014, under absorption accounting and the transforming rehabilitation programme, which saw the creation of CRCs and NPS. Up to 31 May 2014, 35 probation trusts accounted for their pension liability separately via locally administered pension funds. Under the transforming rehabilitation programme, the probation trusts were dissolved and the NPS (within HMPPS) and the outsourced CRCs were created on 1 June 2014. At this point, the CRCs became LGPS admitted bodies under the responsibility of HMPPS who became the LGPS scheme employer.

Past employees of the probation trusts, and LGPS probation staff who transferred to CRCs and HMPPS NPS, are covered by the provisions of LGPS via one pension fund, GMPF, administered by their local authority council, Tameside Metropolitan Borough Council. The assets and liabilities from the former probation trusts’ own pension funds were transferred to GMPF.

From 25 June 2021, the contracts with the CRCs ended and the majority of LGPS employees transferred into the Probation Service, while a few remaining LGPS employees transferred to 13 of the new outsourced CRS providers. The 13 outsourced providers became LGPS admitted bodies, under the responsibility of HMPPS as the scheme employer. The total pension liability will continue to be the responsibility of HMPPS and will be reported in the HMPPS annual report and accounts.

The LGPS is a statutory scheme primarily governed by the LGPS Regulations 2013 and the LGPS (Transitional Provisions, Savings and Amendment) Regulations 2014. These are subject to amendment over time. The LGPS is a funded, multi-employer defined benefit scheme. An LGPS pension scheme liability is recognised in these accounts in accordance with IAS 19.

A liability arises as employees earn their future entitlement to payments when they retire. The pension fund is subject to an independent triennial actuarial valuation to determine each employer’s contribution rate. The contribution rates reflect benefits as they are accrued and reflect the past experience of the schemes. The LGPS provides benefits on a ‘final salary’ basis, up to 31 March 2014, at a normal retirement age of 65. For pensionable service up to 31 March 2008, benefits accrued at the rate of 1/80th of pensionable salary for each year of service. In addition, a lump sum equivalent to 3/80ths of final pay for every year of total membership is payable on retirement. Benefits accrued at the rate of 1/60th of pensionable salary for service from 1 April 2008 to 31 March 2014 with no automatic lump sum.

From 1 April 2014, the scheme provides benefits on a career average revalued earnings (CARE) basis. Benefits accrue at the rate of 1/49th of pensionable salary for each year of service.

The scheme permits employees to take a lump sum payment on retirement in exchange for a reduction in their future annual pension. Members pay contributions of between 5.5% and 12.5% of pensionable earnings. Member contributions changed from 1 April 2014 and benefits accrued from this date are on a CARE basis, with protections in place for those members in the scheme before the changes took effect.

For the year to 31 March 2024, HMPPS paid employers’ contributions of £181.1 million to GMPF, relating to current probation staff, at 26.5% (2022-23: £174.7 million at 29.6%).

Following the 2022 triennial valuation, the employer contribution rates for 2023-24 to 2025-26 will be 26.5% (2020-21 to 2022-23: 19.4%).

The pension position as at 31 March 2024, as detailed in the table, is based on the actuarial report from Hymans Robertson LLP, the independent actuary for GMPF, in compliance with IAS 19. There were no plan curtailments or settlements during the year.

Full details of GMPF’s investment strategy statement ‘Funding strategy statement’, including its annual report and financial statements, and responsibilities of the GMPF management panel can be found on the GMPF website at www.gmpf.org.uk. Tameside Metropolitan Borough Council is the administering authority of GMPF.

A number of assumptions are made as part of the actuarial valuation process and the major assumptions are set out on page 242. The assumptions underlying the calculation of the net liability as at 31 March 2024 are used for accounting purposes as required under IAS 19.

Risks associated with the fund in relation to accounting

The net pension position for 2023-24 is shown in the disclosure above. This reflects the appropriate assumptions. All assumptions remain subject to annual review. As the economic climate changes and more information becomes available assumptions will be updated to reflect this.

HMPPS is only liable for the pension obligations due to GMPF relating to Probation Service employees (and ultimately the CRS employees under the Secretary of State for Justice Pension Guarantee). HMPPS is not liable for pension obligations of other employers that participate in the LGPS with GMPF.

Should HMPPS move to another pension fund or pension scheme, any exit payment to cover the pension liability due would be determined by GMPF and their actuary. However, there are no plans to move to another pension fund or pension scheme.

Discount rate

The discount rate is the most significant financial assumption for assessing pension obligations. An increase in the discount rate results in a decrease in the value of the pension liability for accounting purposes and vice versa. The discount rate used in these financial statements, as required by IAS 19, is based on the market yields on high quality corporate bonds valued as at the reporting date of 31 March. Hymans corporate bond yield curve is based on the constituents of the iBoxx AA corporate bond index. The discount rate assumptions set by the actuary are considered appropriate. The large increase in discount rate compared to last year has resulted in a significant reduction in the pension liability.

Inflation

The inflation assumption is the second most significant financial assumption for assessing pension obligations and typically drives the assumption for salary growth and pension increases (to the extent they are inflation linked). A higher inflation assumption will lead to an increase in pension liabilities. The government announced the measure of Retail Price Index will change from 2030 to be in line with the Consumer Price Index including housing costs. This has been allowed for when deriving the inflation assumption. This has resulted in a decrease this year in the projection for future pension increases and salary growth, reflected in a gain in financial assumptions. However, the actual increase in pension rate from April 2024 of 6.7% has resulted in an experience loss.

Mortality

The baseline mortality assumptions are based on analysis carried out by longevity experts Club Vita. Future life expectancy predictions use their continuous mortality investigation model.  For 2023-24 the 2022 model has been used, which uses more up to date longevity data, including the temporary impact of COVID-19.

Risk mitigation strategies

The GMPF management panel carries out a similar role to the trustees of a pension scheme. They are decision makers for:

  • investment strategy

  • monitoring investment activity and performance

  • overseeing administrative activities

  • guidance to officers in exercising delegated powers

  • reviewing governance arrangements

Each local authority within Greater Manchester is represented on the management panel, along with the department. There have been no concerns raised by MoJ to date on GMPF’s investment or funding strategy or asset performance.

McCloud Judgment (impact on LGPS)

The December 2018 McCloud Judgment found that transitional arrangements put in place during the reform of firefighters’ and judges’ pension schemes were discriminatory on grounds of age. The government has confirmed this ruling also applies to the LGPS. Based on the findings of the Government Actuary’s Department, published in June 2019 and taking account of the proposed remedial action published by HM Treasury in July 2020 in their consultation document, Hymans Robertson LLP calculated an estimated past service cost applicable to HMPPS and Cafcass. The impact of the McCloud Judgment was accounted for in the 2019-20 HMPPS and Cafcass accounts under IAS 19.

The government response to the consultation for unfunded pension schemes was published in February 2021 (updated for LGPS on 6 April 2023). On 13 May 2021, a written Ministerial Statement on McCloud and LGPS was made. Further information can be found at questions-statements.parliament.uk.

For the 2022 valuation, McCloud liabilities were included as set out in the Department for Levelling Up, Housing and Communities 2022 valuation letter. The actuary has advised that no further adjustment to the cost in the pension obligation is required for 2022-23. Further information on the McCloud Judgment can be found at www.civilservicepensionscheme.org.uk .

25.4 Accounting for a net pension surplus and asset ceiling restriction

The net probation pension scheme position at 31 March 2024 was a net surplus of £816 million (2022‑23: £456.3 million). The Cafcass pension scheme also had a net surplus of £41.2 million (2022-23: £12.1 million deficit).

Under the requirements of IFRIC 14: The Limit on a Defined Benefit Asset, Minimum Funding Requirements and their Interaction, the employer is required to consider whether it is appropriate to limit the amount of net pension surplus in the financial statements which was determined under IAS 19 if the full economic benefit cannot be obtained. IAS 19 provides a definition of an asset ceiling for these purposes as the present value of any economic benefits available in the form of refunds from the plan or reductions in future contributions to the plan, with the lower of the surplus and the asset ceiling being recognised. IFRIC 14 provides further guidance on calculating figures for an asset ceiling with reference to minimum funding requirements.

A refund would only be available to the employer on exiting the scheme, however, participation in the current pension scheme is dictated by statute meaning an exit would rely on the occurrence of an uncertain future event not wholly within the employer’s control, i.e. an act of parliament. Therefore, the employer does not have an unconditional right to a refund of the surplus.

After adjustment for the asset ceiling restriction and the minimum funding requirement, the probation pension surplus has been reduced by £1,075.9 million  to a liability of £529.5 million (2022-23: surplus of £199.0 million) and the Cafcass pension surplus has been reduced by £46.0 million to a surplus of £2.0 million (2022-23: a deficit of £12.1 million).

Adjustments to the probation pension scheme

The appropriate method is therefore to consider the economic benefit available as a contribution reduction. HMPPS has concluded that primary contributions to the scheme (2023-24: 18.1%, 2022-23:18.1%) and those related to ill health retirements (2023-24: 4.3%, 2022-23: 4.3%) establish a minimum funding requirement for future contributions under IFRIC 14. 

HMPPS is required to make contributions of 4.1% in relation to past service. IFRIC 14 requires that to the extent that the contributions payable will not be available after they are paid into the plan, the entity shall recognise a liability when the obligation arises. 

HMPPS consider it appropriate to restrict the net asset relative to funding obligations by use of the asset ceiling. This means that the asset ceiling is applied to the net surplus, excluding the unfunded liabilities figure of £29.6m. These unfunded liabilities are then added back to the closing liability position.

Having applied IFRIC 14 in line with the above facts and judgements, based on the present value of expected reductions in future contributions to the plan, the IAS 19 funded surplus of £861m was reduced to a liability of £500m. The closing position including unfunded liabilities is therefore £530m.

Further details of judgements made by HMPPS in determining the effect of the asset ceiling are available in HM Prison and Probation Service Annual Report and Accounts 2024-25.

26. Contingent assets and liabilities

Contingent liabilities disclosed under IAS 37

MoJ has contingent liabilities as defined within IAS 37 Provisions, Contingent Liabilities and Contingent Assets.

Quantified contingent liabilities

31 March 2024 31 March 2023
  £m £m
Headquarters employment tribunals including judicial claims
The department is currently defending several employment tribunal claims at various stages
0.1 6.1
Headquarters European Court of Human Rights claims
The department is currently engaged in several cases at the European Court of Human Rights
- 0.5
Headquarters other legal claims
The department is engaged with a number of legal claims including judicial reviews challenging refusal to pay compensation for miscarriages of justice, and refusal to provide legal aid funding
0.2 0.4
Headquarters Data Protection Act
There are claims against the department for alleged failure to comply with the Data Protection Act
0.7 0.1
Headquarters Judicial Review 0.1 -
HMPPS injury claims
HMPPS failed claims for injury to staff, prisoners and public, and for third party contract disputes
49.1 45.2
HMCTS fee refunds – employment tribunal fees
HMCTS operates a refund scheme following the quashing of the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013/1893 in July 2017
13.7 13.8
HMCTS fee refunds – low value personal injury claim fees
HMCTS operates a refund scheme to refund personal injury claim fees that were incorrectly charged as a flat rate rather than on a sliding scale
11.7 9.8
HMCTS fee refunds – other fees
HMCTS operates a refund scheme for fees charged for certain proceedings in the Court of Protection, the magistrates’ courts, insolvency proceedings and fees charged for High Court Judges sittings as arbitrators
9.3 9.3
HMCTS legal cases
HMCTS is involved in various legal cases dealing with ex gratia, compensation and other claims
0.4 0.8
Parole Board
The Parole Board is involved in a claim which may result in compensation
- 0.1
Total 85.3 86.1
Unquantified contingent liabilities

Incidents ‘incurred but not yet received’: CICA holds an unquantifiable contingent liability in respect of a possible future obligation to individuals who have been victims of violent crime as of 31 March 2024. This liability depends upon uncertain future events occurring and an application being submitted to CICA which meets the criteria set out in the relevant scheme.

Offers not accepted within time limits: Under the Criminal Injuries Compensation Scheme 2012, a claimant’s legal entitlement to an award crystallises on the date on which CICA receives written notice of acceptance by the claimant. There are cases where the deadline for acceptance has passed but CICA has not yet withdrawn the offer. CICA may exercise its discretion under the Scheme in favour of the claimant, and not withdraw the offer even though the deadline has passed. The total value of cases ‘on-offer’ and passed the deadline is £0.6 million. Any possible liability would therefore be below that value.

Single justice procedure railway offences: The chief magistrate for England and Wales has quashed the convictions in six test cases where railway ticketing offences were incorrectly prosecuted using the single justice procedure (SJP). This ruling will impact the convictions in a further 75,000 railway ticketing offences that were prosecuted using SJP. MoJ will refund court-ordered financial impositions relating to fines and victim surcharge that were paid by defendants as a result of their prosecutions. HMCTS is in contact with the train operating companies to determine which cases are impacted by the ruling. Until the volume of cases can be determined, we are unable to provide a reliable estimate of the potential liability.

Travel and subsistence: A review of travel and subsistence policies across MoJ and its executive agencies began  at the end of the current financial year and initially identified that some expenses have been treated incorrectly for tax and national insurance. MoJ is carrying out a more detailed review of its policies, including the review of expense claims to determine any tax due. At present, we are unable to provide a reliable estimate of the potential liability until the review is completed.

Contingent assets

At 31 March 2024, LAA has two contingent assets in relation to costs orders from legal proceedings. While recovery continues to be pursued, due to the uncertainty over the recoverable value it is not considered practicable to quantify these assets. (31 March 2023: two with a total value of £29 million).

Associated departments and other central government bodies

MoJ is the parent of HMCTS, HMPPS, LAA, OPG and CICA agencies and the sponsor of NDPBs as listed in Note 29. All of these bodies are regarded as related parties with which the department has had various material transactions during the year. In accordance with the requirements of the FReM these transactions have not been reported.

The Office of the Accountant General (OAG) oversee the administration of the Court Funds Office. OAG invests money on behalf of its clients in the Court Funds Investment Account. OAG is not an arm’s length body. It is an operating segment of the MoJ and sits within the chief operating officer’s group.

In addition, the department had a number of transactions with other government departments and central government bodies, as well as with local authorities. The most significant of these transactions have been with HM Revenue and Customs, Home Office, PCSPS and HM Treasury.

Management personnel

The brother of Nick Goodwin, the Chief Executive Officer of HMCTS, is a partner at Ward Hadaway, a law firm offering legal representation for cases that fall within the provision of LAA. In 2023-24, LAA made payments totalling £1.4 million (2022-23: £2.2 million) to Ward Hadaway.

Other

Registry Trust Limited is a private company limited by guarantee with no share capital. It maintains the Register of County Court Judgements on behalf of the Lord Chancellor and the Secretary of State for Justice. Revenue recognised from the Registry Trust Limited in the year amounted to £0.6 million (2022-23: £0.6 million) with a total debtor balance due to us as at 31 March 2024 of £0.2 million (2022-23: £0.0 million).

Other interests and related parties of ministers which do not concern the department are disclosed at: www.gov.uk/government/publications/list-of-ministers-interests.

During 2023-24 no other board members or related parties have undertaken any transactions with MoJ. Compensation paid to management, including taxable benefits, is disclosed in the remuneration and staff report.

28. Third party assets

MoJ holds, as custodian or trustee, certain assets belonging to third parties. These assets are not recognised in the CSoFP and neither MoJ nor the government has a direct beneficial interest in them.

Funds in court

MoJ manages funds held in court on behalf of clients who may be involved in a civil legal action, patients who are under the Court of Protection because they are not able to manage their property and affairs, and children under the age of 18. Client assets held at year end comprised cash, an Equity Index Tracker Fund and securities.

Cash holdings represent funds invested by UK Debt Management Office on behalf of the Accountant General in the Court Funds Investment Account and foreign exchange balances held on behalf of clients.

31 March 2024 31 March 2023
  £000 £000
Cash at bank and on deposit 3,104,199 2,282,065
Securities 78,532 75,043
Total 3,182,731 2,357,108

Other third party assets

Official Solicitor and Public Trustee (OSPT) Criminal injuries awards (CICA) Pending legal aid amounts (LAA) Bail monies (HMCTS) Prisoner monies (HMPPS) Total
  £000 £000 £000 £000 £000 £000
Cash 5,492 83,589 24,472 47,645 13,612 174,810
Investments 59,313 - - - - 59,313
Non-cash assets 9,602 - - - - 9,602
At 31 March 2024 74,407 83,589 24,472 47,645 13,612 243,725
At 31 March 2023 69,809 81,673 20,054 73,377 14,395 259,308

The rationale for each principal holding of third party assets is as follows.

  • The Official Solicitor (OS) administers trusts and estates as administrator/trustee of last resort. The OS acts as last resort litigation friend, and in some cases solicitor, for adults who lack mental capacity and children (other than those who are the subject of child welfare proceedings) in court proceedings because they lack decision making capacity in relation to the proceedings. The Public Trustee (PT) acts as executor or trustee where they have been appointed under a will or a new settlement with the aim of providing an effective executor and trustee service of last resort. The figures above represent the most up to date information available about assets managed by the OS and PT on behalf of clients.

  • CICA holds third party compensation awards to minors. The purpose of this action is to ensure that the victim will be the sole beneficiary of the award (including accrued interest) when they reach their majority (18 years of age). Where appropriate, interim payments are made: requests for these are assessed on a case by case basis.

  • LAA holds funds in respect of damages awarded to legally aided civil law clients and contributions payable by legally aided defendants in Crown Court trials. The outcome of the case and final costs assessment determine whether these funds are retained by LAA or returned to the clients.

  • HMCTS holds cash consisting of bail monies and monies held on behalf of court users while cases progress.

  • HMPPS holds cash on behalf of offenders.

29. The departmental boundary

Entities within the departmental boundary

Entities within the departmental boundary comprise supply financed agencies and those entities listed in the Government Resources and Accounts Act 2000 (Estimates and Accounts) Order 2023, known as the Designation Order, are set out below.

The core department

These are entities that are accounted for within the core accounting boundary. These entities are managed independently of the department.

  • Advisory Committees on Justices of the Peace in England and Wales

  • Assessor of Compensation for Miscarriages of Justice

  • Chief Coroner’s Office

  • Civil Justice Council

  • Civil Procedure Rule Committee

  • Criminal Procedure Rule Committee

  • Family Justice Council

  • Family Procedure Rule Committee

  • Independent Advisory Panel on Deaths in Custody

  • Independent Monitoring Boards of prisons, immigration removal centres and short‑term holding facilities

  • Judicial Appointments and Conduct Ombudsman

  • Judicial College

  • Judicial Conduct and Investigations Office

  • Judicial Office

  • Law Commission

  • Office of the Commissioner for Victims and Witnesses

  • Office of HM Inspectorate of Prisons

  • Office of HM Inspectorate of Probation

  • Office of the Judge Advocate General

  • Office of the Official Solicitor

  • Office of the Prisons and Probation Ombudsman for England and Wales

  • Prison Service Pay Review Body

  • Public Trustee

  • Recognition Panel

  • Sentencing Council for England and Wales

  • Tribunal Procedure Committee

Supply financed agencies
  • Criminal Injuries Compensation Authority

  • HM Courts and Tribunals Service

  • HM Prison and Probation Service

  • Legal Aid Agency

  • Office of the Public Guardian

Other entities captured in the departmental group including executive NDPBs
  • Children and Family Court Advisory and Support Service

  • Criminal Cases Review Commission

  • Gov Facility Services Limited

  • Independent Monitoring Authority for the Citizens’ Rights Agreements

  • Judicial Appointments Commission

  • Legal Services Board

  • Oasis Restore Trust

  • Office for Legal Complaints

  • Parole Board for England and Wales

  • Youth Justice Board for England and Wales

  • Press Recognition Panel[footnote 8]

The annual reports and accounts for the individual entities can be found at: www.gov.uk/official-documents

30. Events after the reporting period

In accordance with the requirements of IAS 10 Events After the Reporting Period, events are considered up to the date on which the accounts are authorised for issue. The date the accounts are authorised for issue is interpreted as the same date the accounts are certified by the Comptroller and Auditor General.

On 20 September 2024, ISG Construction Limited (ISG) filed for administration. ISG were one of our construction contractors and were involved in a number of active projects for HMPPS and HMCTS. At the time of ISG filing for administration these projects were in various phases of completion including pre‑construction, active construction and near completion. MoJ, in partnership with other government bodies, was monitoring the financial position of ISG at the balance sheet date and at that time considered there to be a prospect of them overcoming their difficulties through their own contingency planning. We therefore assess this to be a non-adjusting post balance sheet event under IAS 10.

On 1 August 2024 management chose to completely decant all prisoners from HMP Dartmoor on receipt of readings showing high Radon levels in open landings and atrium areas of the wings, in addition to earlier readings from cells within the prison. The prison is held on a finance lease from the Duchy of Cornwall and is recognised in the accounts as a right of use asset and liability under IFRS16. The property was still in use at the balance sheet date and this event is non-adjusting under IAS10, therefore the valuation of the asset and liability are unaffected.

  1. Duration profile: In order to estimate the provision, profiles outlining the timing and magnitude of costs on civil representation cases are calculated. There is a degree of uncertainty in the calculation of these profiles, particularly due to the inherent time lag. LAA therefore make the assumption that the level of variance could be equal to the variance if this year’s profile was extended by one year. LAA have assumed this degree of variance can be seen in either direction. 

  2. Final billing duration: it can take some time for legal aid providers to compile and submit their bills to LAA once work has completed on a case. The estimate of the provision assumes that the average delay will be equivalent to that seen in the preceding quarter, however this does vary to a small degree over time. LAA therefore make the assumption that this delay could vary by up to 15 days in either direction. 

  3. Profile variance: In estimating the provision, LAA have made an adjustment to calculated billing profiles to account for recent changes in value and billing duration. These adjustments are based on emerging trends and therefore are subject to some uncertainty, which this variance represents. 

  4. Price profiles: there is a degree of uncertainty in assuming that future prices will follow historical patterns, as prices vary to a small degree over time. The sensitivity analysis considers that prices could vary by as much as 10% in either direction. 

  5. Completion rates: a number of representation orders never attract a bill, and so do not close. The model uses historical data to determine the likely proportion that these cases represent of the live case population. There is inherent uncertainty in assuming that the proportion will be similar to that seen historically, which this sensitivity represents. The proportion is flexed by 2.5% in either direction, representing the variance that is seen in the proportion over time. 

  6. Case durations: the estimate of the provision assumes that average case durations will be consistent with those seen in recent prior periods, however durations do vary to a small degree over time. LAA therefore make the assumption that durations could vary by up to 10% in either direction. 

  7. Transfers: an adjustment has been applied to the provision model at year end to account for the fact that a proportion of subsequent payments relate to transferred cases, rather than redeterminations. This sensitivity assumes that the proportion of subsequent claims that fall into this category could vary by as much as 20% from historical levels. 

  8. The 2017-18 Designation Order established the Press Recognition Panel as part of the MoJ departmental boundary. This is an administrative action on behalf of government with no change to the Lord Chancellor’s responsibilities as stated under the Charter. The Department for Culture, Media and Sport remains the policy lead in relation to the Press Recognition Panel.