header-logo header-logo

Calls for review of legal aid means test

22 March 2018
Issue: 7786 / Categories: Legal News , Legal aid focus
printer mail-detail

Law Society claims current test excludes those below the poverty line

The Law Society has launched a campaign for a review of the financial eligibility test for civil legal aid, referencing Unison’s legal victory on tribunal fees.

New research commissioned by the Law Society and produced by Professor Donald Hirsch of Loughborough University reveals that people on incomes 10% to 30% below the poverty line are being excluded from legal aid. Consequently, many impoverished families are unable to obtain legal help to tackle issues such as eviction, housing disrepair and debt.

The Law Society points out that the Supreme Court held, in July 2017, that employment tribunal fees were unlawful because households on low incomes were expected to sacrifice ‘ordinary and reasonable expenditure for substantial periods of time’ to save for legal costs, R (Unison) v Lord Chancellor [2017] UKSC 51. It argues that the formula to determine eligibility for legal aid has the same effect as tribunal fees.

‘The financial eligibility test for civil legal aid is disqualifying people from receiving badly-needed legal advice and representation, even though they are already below the poverty line,’ said Law Society president Joe Egan.

‘The position has been getting progressively worse, because the means test thresholds have been frozen since 2010, while the cost of living, of course, has not.’

Egan called on the Ministry of Justice to review the means-testing regime and restore it to its 2010 real-terms level—prior to 2010, the means test levels were uprated every year in line with inflation—and to exempt those on means-tested benefits from capital assessment.

Capital assessment takes account of the equity in people’s homes and excludes those who have savings or assets worth more than £8,000, or in some cases, £3,000.

Professor Hirsch said: ‘The assumption that someone could sell their home to cover a legal bill is out of line with other forms of state means-testing, such as help with care costs.’

Issue: 7786 / Categories: Legal News , Legal aid focus
printer mail-details

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll