The government is refusing to back down on its plans to overhaul the country’s legal aid system, despite swingeing attacks from MPs and stakeholders.
In its response to a recent Constitutional Affairs Select Committee report—Implementation of the Carter Review of Legal Aid, which attacked many of the proposals for reform and warned the government to slow down implementation—the government says it will stand firm on its reform programme.
This week the Legal Services Commission (LSC) announced a further consultation setting out alternative options for duty solicitor slot allocation for police station and magistrates’ court work from October 2007. A consultation on a proposed quality assurance scheme for publicly funded criminal advocates practising at crown court level and above has also been announced.
Fixed and graduated fees in all major elements of the legal aid scheme are still planned, but the LSC has agreed to phase in the introduction of some elements of the new fixed fees for family legal aid work.
Also published this week are final fixed fee schemes for family and family mediation, mental health and police station work, together with changes to the funding code for child care proceedings.
Accusing the government of “wilful blindness”, Richard Miller, chair of the Legal Aid Practitioners Group, says: “The introduction of fixed fees in October is to go ahead. Which bit of ‘The introduction of these fee schemes for the short transitional period should therefore be halted’ [in the committee report] did they mistake for an endorsement?”
He continues: “The government says that it ‘does not accept that the provider base is generally in decline’, despite ample evidence from independent consultants that shows it is.”
Andrew Holroyd, Law Society vice president, accuses the government of “sticking its head in the sand” and ignoring warnings from all sides.
“This reform programme is being rushed and the danger is that many firms do not have the financial reserves to survive what will certainly be a difficult transitional period.”
He urges the government to take more time to devise a realistic plan to avoid “irretrievably decimating access to justice, a key plank of a civilised society put in place by the reforming post-war Labour government”.
Tuckers partner Andrew Keogh says: “This government is in denial if it thinks the current proposals to be viable. So far we have seen only price cuts.”
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