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

Freeths—Rachel Crosier

Freeths—Rachel Crosier

Projects and rail practices strengthened by director hire in London

DWF—Stephen Hickling

DWF—Stephen Hickling

Real estate team in Birmingham welcomes back returning partner

Ward Hadaway—44 appointments

Ward Hadaway—44 appointments

Firm invests in national growth with 44 appointments across five offices

NEWS
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
back-to-top-scroll