Report published following year-long independent inquiry into social welfare advice
The Low Commission has called for legal aid to be brought back for housing cases as part of urgent reforms to social welfare law.
The year-long independent inquiry, set up by the Legal Action Group and led by cross-bencher Lord Low, recommends a national strategy for advice and legal support. A government minister should be appointed with a cross-departmental brief, to oversee implementation of this strategy, it says, while a £100m implementation fund should be set up, half-funded by central government and half raised from other sources, including a levy on payday loan companies.
It found that urgent reform is required of the exceptional funding provisions, introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) as a safety net, and called for the restoration of legal aid for housing disrepair and protection from harassment and unlawful eviction, so that people can get legal help before they face imminent eviction.
According to the report, the cuts imposed by LASPO—about £89m per annum—as well as reduced local authority spend have shrunk the advice sector at a time of increased need and, “as a result, instead of saving money, the cutbacks are very likely to end up costing more elsewhere in the system”.
Lord Low says his findings make “sobering reading”.
“All around the country we found advice agencies buckling under the strain, and ordinary people left with nowhere to turn.”
The report found advice agencies struggling around the country. In Gloucester, for example, housing charity Shelter has closed its office, the CAB has gone into administration, and demand for immigration and debt advice at Gloucester Law Centre has doubled.
In Birmingham, the CAB lost £700,000 in legal aid funding and half its local authority grant. Swansea and Neath Port Talbot CAB had to lose 12 of its 36 staff because of 30% cuts in budget.
The inquiry is the biggest ever into the provision of social welfare advice in England and Wales, and took evidence from 250 individuals.
Amanda Finlay, commission vice-chair and former legal services strategy director at the Ministry of Justice, says: “Just cutting legal aid is not the answer. The problems still remain."
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