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17 March 2017
Issue: 7738 / Categories: Legal News
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Right to reply: Legal aid, judicial review, and the fight for justice

Response from Shaun McNally CBE, chief executive, Legal Aid Agency

The Legal Aid Agency (LAA) welcomes the opportunity to respond to John Ford’s article “Legal aid, judicial review, and the fight for justice” (NLJ, 3 March 2017, p 7).

The LAA is an Executive Agency set up in 2013 to commission and administer legal aid in England and Wales. The responsibilities carried out by the LAA include making decisions on individual cases on my behalf. As the Director of Legal Aid Casework, I am a statutory office holder appointed under the Legal Aid Sentencing and Punishment of Offenders Act 2012 (LASPO). Decisions are taken independently from the Lord Chancellor in accordance with the rules and regulations set down by LASPO and the legal aid legislation. It would not be appropriate for the LAA to comment on the specific case highlighted by Mr Ford (“Miss A”) while the litigation is ongoing.

The LAA must make all decisions within the statutory framework provided by Parliament. We have clear internal processes and structures in place to ensure that our handling of cases is independent, high-quality, and consistent. This includes appropriate escalation procedures to make sure that complicated or high profile matters are considered by more senior staff, and a comprehensive system of review and appeal mechanisms that individuals can use to challenge our initial decisions.

It is incumbent on us to ensure that taxpayers’ money is used for the purposes intended by Parliament. We have a robust testing and assurance regime to ensure that decisions are made in line with the prevailing rules and regulations. The National Audit Office provide a further level of scrutiny. It is a matter of public record that the LAA has received a clean audit opinion since its inception.

The LAA publishes a number of documents on its website setting out transparently how we carry out our functions and manage public money. For readers interested in our work, these can be found here.

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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