header-logo header-logo

07 February 2019
Categories: Legal News , Legal aid focus
printer mail-detail

Lawyers respond to LASPO review


Lawyers’ groups have given a mixed reaction to the long-awaited Ministry of Justice’s (MoJ) post-implementation review of the LASPO legal aid cuts.

Part 1 of LASPO (the Legal Aid, Sentencing and Punishment of Offenders Act 2012) removed legal aid coverage for hundreds of thousands of people across large areas of civil and family law in April 2013.

In its review, published this week, the MoJ promises an extra £5m towards technology for accessing legal advice and £3m over two years to help litigants in person, in its 500-page review, as well as acknowledging the importance of early intervention. The overall legal aid budget is £1.6bn.

Justice Secretary David Gauke said, in a foreword to the review: ‘This review has highlighted that for too long legal support has been focused solely on funding court disputes, with less emphasis on how problems can be resolved earlier and avoid them escalating into more problematic issues that require a court visit.

‘Our ambition is to catch problems before this point.’

The review notes that fewer publicly funded cases have been brought. In particular, volumes have declined more than anticipated in social welfare law and family cases. The review also highlights that the legal system is not capable of catering for those without legal representation, and that advice deserts are leaving areas without legal aid lawyers.

Law Society president Christina Blacklaws said: ‘The proposals reflect a considerable number of the recommendations we put forward.

‘The Ministry has accepted the case for changes in relation to the legal aid means test, exceptional case funding and early legal advice, and has committed to further work as to what those changes should look like. There are also to be specific changes immediately in relation to migrant children, special guardianship orders and the telephone gateway for discrimination, debt and special educational needs. There is much to be welcomed.’

However, Blacklaws called on the government to ‘give urgent attention to amending the means test thresholds because the current levels are preventing families in poverty from accessing justice; and remuneration rates for solicitors undertaking this vital work must be reviewed for civil as well as criminal work, to address the medium-term viability of the system. As a first step, they should be uprated in line with inflation ahead of further work to make the system sustainable’.

Richard Atkins QC, chair of the Bar Council, said the review was a ‘wasted opportunity’ and described the extra £8m offered by the MoJ as ‘but a drop in the ocean given the impact LASPO has had on restricting individuals’ access to justice.

‘We fully understand that the MoJ is constrained by budgetary limits, but this review provides clear evidence that the Treasury must find a way to properly fund the justice system and reverse a decade of cuts.’

Categories: Legal News , Legal aid focus
printer mail-details

MOVERS & SHAKERS

Debevoise & Plimpton—Mary Lavelle

Debevoise & Plimpton—Mary Lavelle

Debevoise expands London secondaries team with addition of Mary Lavelle

Excello Law—Hestia Private Client

Excello Law—Hestia Private Client

Excello Law welcomes ex-Irwin Mitchell team to launch Hestia Private Client

Carpmaels & Ransford—Christopher Stothers

Carpmaels & Ransford—Christopher Stothers

Heavyweight patent litigator will bolster Carpmaels Ransford’s rapidly growing Litigation team as firm marks its 250th anniversary

NEWS
Lawyers have welcomed plans to create specialist rape and serious sex offences courtrooms at every Crown Court
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
back-to-top-scroll