Post-implementation reviews for legal aid & civil litigation funding
The government has announced its long-awaited review of LASPO (the Legal Aid, Sentencing and Punishment of Offenders Act 2012).
In a memorandum to the Justice select committee this week, David Lidington, the Lord Chancellor, committed the Ministry of Justice to producing post-implementation reviews for both legal aid and civil litigation funding.
According to the memorandum, the reviews will be ‘primarily concerned with assessing the reforms from an analytical perspective, in the manner of an impact assessment, rather than reporting certain elements of the Act’s implementation and operation’. Both reviews are scheduled for completion by the end of April 2018.
LASPO removed legal aid from whole areas of civil and family law in April 2013, as well as introducing Lord Justice Jackson’s civil litigation funding reforms. Since then, it has faced mounting criticism from within the legal profession, with members of the public often unable to find or afford vital legal advice on housing, family, immigration and social welfare issues.
Law Society President Joe Egan said: ‘This post-implementation appraisal by government is long-awaited and needs to be comprehensive. This Act meant hundreds of thousands of people eligible for legal aid on 31 March 2013 became ineligible the very next day.’
Andrew Landon QC, Chair of the Bar, said: ‘This review comes not a moment too soon.
The Bar Council will continue to press for a wide scope which includes the impact of LASPO on society and considers the combined and interactive effect of legal aid cuts with welfare and other civil justice reforms.’
In September, the Bach Commission published its review of legal aid, calling for reforms including more provision of legal help and the abolition of the Legal Aid Agency. In June, the Law Society published its report, Access denied? LASPO four years on, which found legal aid cuts had increased pressure on public services, as unresolved legal issues escalated into bigger problems. It made 25 recommendations, including reintroducing legal aid for early advice and improving exceptional case funding.
