Recommendations & Conclusions
43 items
1
Conclusion
3rd Report - The Future of Legal Aid
Accepted
Reform of criminal legal aid must prioritise a whole justice system approach, to ensure that there are incentives for everyone to work towards the fair and timely resolution of criminal cases.
Government response AI summary
The government states it has already developed a Criminal Justice Action Plan with partners across the CJS, focusing on timeliness, victim engagement, and reducing outstanding cases, and has strengthened cross-system governance to ensure a whole criminal justice system approach to recovery and reform.
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Ministry of Justice
2
Recommendation
3rd Report - The Future of Legal Aid
Deferred
The changes made as part of the Criminal Legal Aid Review are positive and show that the Government recognises the need to make improvements to the criminal legal aid framework. It is particularly welcome that the Government has acted on pre-charge engagement. However, much more needs to be done to …
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The changes made as part of the Criminal Legal Aid Review are positive and show that the Government recognises the need to make improvements to the criminal legal aid framework. It is particularly welcome that the Government has acted on pre-charge engagement. However, much more needs to be done to make criminal legal aid sustainable.
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Government response AI summary
The government agrees on the importance of sustainability and states that Sir Christopher Bellamy QC's Independent Review is considering the resilience of the criminal legal aid market; they will address the issue in their response to his review.
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Ministry of Justice
3
Conclusion
3rd Report - The Future of Legal Aid
Deferred
Without significant reform there is a real chance that there will be a shortage of qualified criminal legal aid lawyers to fulfil the crucial role of defending suspects and defendants. This risks a shift in the balance between prosecution and defence that could compromise the fairness of the criminal justice …
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Without significant reform there is a real chance that there will be a shortage of qualified criminal legal aid lawyers to fulfil the crucial role of defending suspects and defendants. This risks a shift in the balance between prosecution and defence that could compromise the fairness of the criminal justice system.
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Government response AI summary
The government acknowledges the concern and states it is being considered as part of an Independent Review into Criminal Legal Aid, with a commitment to respond to the review's final report by the end of 2021.
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Ministry of Justice
4
Recommendation
3rd Report - The Future of Legal Aid
Deferred
There appears to be a growing imbalance between the ability of criminal defence firms to recruit and retain staff and that of the Crown Prosecution Service. It is fundamental to our adversarial justice system that criminal defence services have sufficient resources to provide high-quality representation to suspects and defendants. We …
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There appears to be a growing imbalance between the ability of criminal defence firms to recruit and retain staff and that of the Crown Prosecution Service. It is fundamental to our adversarial justice system that criminal defence services have sufficient resources to provide high-quality representation to suspects and defendants. We recommend that the Government consider linking legal aid fees to the rates of pay of the Crown Prosecution Service.
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Government response AI summary
The government has deferred consideration of linking legal aid fees to CPS pay rates, noting that profitability and comparison to CPS pay are being examined as part of the Independent Review into Criminal Legal Aid, and will be addressed in its response to the review.
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Ministry of Justice
5
Recommendation
3rd Report - The Future of Legal Aid
Deferred
The lack of any increase to criminal legal aid fees for solicitors over the past 20 years needs to be addressed. Sir Christopher Bellamy’s current review, commissioned by the Government, gives an opportunity to do this. Thereafter, fees and rates should be regularly reviewed in line with inflation, otherwise the …
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The lack of any increase to criminal legal aid fees for solicitors over the past 20 years needs to be addressed. Sir Christopher Bellamy’s current review, commissioned by the Government, gives an opportunity to do this. Thereafter, fees and rates should be regularly reviewed in line with inflation, otherwise the gap will build up over time and become harder to address.
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Government response AI summary
The government injected up to £51m per annum into the criminal legal aid system in September 2020. However, the core issues of criminal legal aid fees and regular inflationary reviews are being considered by the Criminal Legal Aid Independent Review, and the government will address …
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Ministry of Justice
6
Recommendation
3rd Report - The Future of Legal Aid
Deferred
The criminal justice system will be stronger if able and experienced advocates at the criminal bar are able to do publicly funded legal aid work. The gap between private and public rates has grown substantially in the past decade, and while a significant gap is to be expected, we agree …
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The criminal justice system will be stronger if able and experienced advocates at the criminal bar are able to do publicly funded legal aid work. The gap between private and public rates has grown substantially in the past decade, and while a significant gap is to be expected, we agree with Criminal Bar Association’s interim submission to the Independent Review of Criminal Legal Aid that there needs to be a connection between the two. Further, in assessing the fees paid to advocates, it is important to remember that the total fees do not translate directly to earnings, as barristers have to pay considerable overheads, expenses and chambers fees out of the gross fee. The Government should take this into account when considering how to reform the criminal legal aid system.
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Government response AI summary
The government highlights a previous £51m funding injection and states that the Criminal Legal Aid Independent Review's terms of reference include a fee review, committing to address this issue in its response to the review's final report by the end of 2021.
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Ministry of Justice
7
Recommendation
3rd Report - The Future of Legal Aid
Accepted in Part
There are serious problems with the current fee schemes for criminal legal aid. The fees and rates do not reflect the work required. The schemes should be reformed to ensure that they offer a fair rate for the work required and are subject to regular review.
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There are serious problems with the current fee schemes for criminal legal aid. The fees and rates do not reflect the work required. The schemes should be reformed to ensure that they offer a fair rate for the work required and are subject to regular review.
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Government response AI summary
The government injected up to £51m per annum into the criminal legal aid system in September 2020. Additionally, the Criminal Legal Aid Independent Review is considering a mechanism for regular fee review to ensure flexibility and fairness.
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Ministry of Justice
8
Conclusion
3rd Report - The Future of Legal Aid
Deferred
The justice system needs talented lawyers from all backgrounds to choose to practise criminal law and for the professions to be able to retain them. In 2018, The Future of Legal Aid 67 our predecessor Committee stated “that current difficulties in recruitment to the Criminal Bar could have a negative …
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The justice system needs talented lawyers from all backgrounds to choose to practise criminal law and for the professions to be able to retain them. In 2018, The Future of Legal Aid 67 our predecessor Committee stated “that current difficulties in recruitment to the Criminal Bar could have a negative impact on future recruitment to, and diversity within, the judiciary—in particular for judicial office holders in the criminal courts”. This inquiry’s evidence has reaffirmed those concerns.
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Government response AI summary
The government acknowledges concerns regarding diversity and retention in criminal legal aid, stating that this issue is being considered as part of an Independent Review, to which they are committed to responding before the end of 2021.
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Ministry of Justice
9
Recommendation
3rd Report - The Future of Legal Aid
Deferred
The predominance of inadequate fixed fees in the current framework is problematic. The structure of the fees does not reflect the complexity of the work required, nor does it incentivise firms to take on the most difficult cases at an early stage. The Government should reform the fee structure to …
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The predominance of inadequate fixed fees in the current framework is problematic. The structure of the fees does not reflect the complexity of the work required, nor does it incentivise firms to take on the most difficult cases at an early stage. The Government should reform the fee structure to prioritise quality over quantity and to allow criminal defence lawyers to spend more time on the most difficult cases at the earliest possible stage. There is a risk to the fairness of the criminal justice system if lawyers are not willing to take on the most complex cases because of the low rates of pay. There are also clear benefits for the operation of the criminal justice system if more work can be done at an early stage to make progress on a case. The Government should reform the fee structure to prioritise quality over quantity and to allow criminal defence lawyers to spend more time on the most difficult cases at the earliest possible stage. There is a risk to the fairness of the criminal justice system if lawyers are not willing to take on the most complex cases because of the low rates of pay. There are also clear benefits for the operation of the criminal justice system if more work can be done at an early stage to make progress on a case.
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Government response AI summary
The government has deferred action on reforming the fee structure for criminal legal aid, indicating that the matter is being considered by the Criminal Legal Aid Independent Review, and will be addressed in its response to the review's final report.
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Ministry of Justice
10
Recommendation
3rd Report - The Future of Legal Aid
Deferred
The Committee’s inquiry on court capacity has focused on the Crown Court where the delays are the most acute. In that context, it is imperative that the criminal legal aid system should be structured to facilitate resolution of cases at the earliest possible stage in the process.
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The Committee’s inquiry on court capacity has focused on the Crown Court where the delays are the most acute. In that context, it is imperative that the criminal legal aid system should be structured to facilitate resolution of cases at the earliest possible stage in the process.
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Government response AI summary
The government states that the Criminal Legal Aid Independent Review is currently considering how the legal aid system's structure and advice provision could increase efficiency, committing to address this issue in its response to the review's final report by the end of 2021.
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Ministry of Justice
11
Recommendation
3rd Report - The Future of Legal Aid
Deferred
The criminal legal aid system should be restructured so that it enables legal aid lawyers to provide effective representation at every stage of the process, works for complex cases and sustains providers in all areas of England and Wales. The Government should reduce the role of fixed fees within the …
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The criminal legal aid system should be restructured so that it enables legal aid lawyers to provide effective representation at every stage of the process, works for complex cases and sustains providers in all areas of England and Wales. The Government should reduce the role of fixed fees within the legal aid system to ensure that high- quality work at every stage of proceedings and on complex cases is fairly remunerated.
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Government response AI summary
The government refers to previous funding injections and states that the Criminal Legal Aid Independent Review's terms of reference include a section on fee review, committing to address the issue in its response to the review's final report by the end of 2021.
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Ministry of Justice
12
Recommendation
3rd Report - The Future of Legal Aid
Deferred
The current criminal legal aid system does not provide enough incentives for legal representatives to take early action to progress cases through the system as quickly as possible. The legal aid fee structure should incentivise early engagement between defence lawyers and the police and the CPS. We note that the …
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The current criminal legal aid system does not provide enough incentives for legal representatives to take early action to progress cases through the system as quickly as possible. The legal aid fee structure should incentivise early engagement between defence lawyers and the police and the CPS. We note that the Government has sought to make changes to pre-charge engagement, but more changes are needed. The current system does not do enough to recompense lawyers for taking on complex cases at the police station and at the magistrates’ court. Investing more in early engagement will lead to savings to the public purse, as cases would be resolved at an earlier stage, which could free up capacity across the criminal justice system.
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Government response AI summary
The government states that Sir Christopher Bellamy QC's Independent Review is considering whether changes to advice provision and the criminal legal aid system's structure could increase efficiency and incentivise early engagement, with the government committed to responding to the review's final report.
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Ministry of Justice
13
Conclusion
3rd Report - The Future of Legal Aid
Deferred
The Government needs to ensure that the legal aid framework is able to respond and adapt to changes in volume and practice over time in the criminal justice system.
Government response AI summary
The government has deferred action on ensuring the legal aid framework's adaptability, stating it will address the issue in its response to Sir Christopher Bellamy QC's Independent Review into Criminal Legal Aid, which is considering the resilience of the market.
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Ministry of Justice
14
Conclusion
3rd Report - The Future of Legal Aid
Deferred
Our 2019–21 Report on the effect of Covid-19 on the legal professions discussed measures taken to provide additional income during the early stages of the 68 The Future of Legal Aid pandemic. The impact of Covid-19 means, however, that the need to take action to improve the criminal legal aid …
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Our 2019–21 Report on the effect of Covid-19 on the legal professions discussed measures taken to provide additional income during the early stages of the 68 The Future of Legal Aid pandemic. The impact of Covid-19 means, however, that the need to take action to improve the criminal legal aid framework is now even more urgent than it was when the Government set up the Criminal Legal Aid Review in 2018.
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Government response AI summary
The government states it has committed to responding to Sir Christopher’s review by the end of 2021, and highlights accelerated measures already implemented that brought significant new funding to criminal legal aid during the pandemic.
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Ministry of Justice
15
Recommendation
3rd Report - The Future of Legal Aid
Deferred
The Government should evaluate whether the money saved by the means test is justified when weighed against its impact on the fairness of criminal justice system. If the means tests for the magistrates’ court and the Crown Court are to remain then the current eligibility thresholds should be addressed and …
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The Government should evaluate whether the money saved by the means test is justified when weighed against its impact on the fairness of criminal justice system. If the means tests for the magistrates’ court and the Crown Court are to remain then the current eligibility thresholds should be addressed and thereafter automatically uprated every year in line with inflation.
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Government response AI summary
The government acknowledges the recommendation and states that a Means Test Review, launched in February 2019, is currently assessing the effectiveness and thresholds, with plans to publish the review and a public consultation shortly.
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Ministry of Justice
16
Recommendation
3rd Report - The Future of Legal Aid
Deferred
The Government’s response to our report on private prosecutions concluded that the rules should be changed to level down what private prosecutors can recover from central funds. Our view is that this is the wrong approach. The right approach would be to make the system fairer by levelling up and …
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The Government’s response to our report on private prosecutions concluded that the rules should be changed to level down what private prosecutors can recover from central funds. Our view is that this is the wrong approach. The right approach would be to make the system fairer by levelling up and removing the cap on what reasonable costs acquitted defendants may recover from central funds.
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Government response AI summary
The government states it is considering the issue of costs that acquitted defendants may recover from central funds as part of the ongoing Means Test Review.
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Ministry of Justice
17
Recommendation
3rd Report - The Future of Legal Aid
Accepted in Part
We recommend that the Government implement the recommendations of the Taylor Review of Youth Justice: to review the fee structure of cases heard in the youth courts in order to raise their status and improve the quality of legal representation for children and to introduce a presumption that children should …
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We recommend that the Government implement the recommendations of the Taylor Review of Youth Justice: to review the fee structure of cases heard in the youth courts in order to raise their status and improve the quality of legal representation for children and to introduce a presumption that children should receive free legal representation at the police station.
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Government response AI summary
The government states the Criminal Legal Aid Independent Review is considering youth justice fee structures. For the recommendation on presumed legal representation at police stations, the government is considering trialling a system that presumes uptake of advice for young and vulnerable individuals in police custody.
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Ministry of Justice
18
Recommendation
3rd Report - The Future of Legal Aid
Deferred
The Government should consider how technology can be used to increase the accessibility of legal advice to suspects and defendants. The Government should also consider developing a scheme to enable criminal legal aid providers to upgrade their digital capacity.
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The Government should consider how technology can be used to increase the accessibility of legal advice to suspects and defendants. The Government should also consider developing a scheme to enable criminal legal aid providers to upgrade their digital capacity.
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Government response AI summary
The government states that Sir Christopher Bellamy QC's Independent Review is considering the efficiency of the criminal legal aid market, including how legal aid can be responsive to user needs and administrative burdens, and the government will address this in its response to the review.
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Ministry of Justice
19
Recommendation
3rd Report - The Future of Legal Aid
Deferred
Successive governments have prioritised efficiency and costs over the quality of the criminal justice system. The Committee’s inquiry into Court Capacity has highlighted the difficult situation facing the courts at the start of the pandemic. Unless there is significant change to criminal legal aid, there is a real risk that …
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Successive governments have prioritised efficiency and costs over the quality of the criminal justice system. The Committee’s inquiry into Court Capacity has highlighted the difficult situation facing the courts at the start of the pandemic. Unless there is significant change to criminal legal aid, there is a real risk that the balance between defence and prosecution, which is at the heart of our adversarial justice system, will be unfairly tilted in favour of the prosecution. The fairness of criminal justice system depends on a criminal legal aid system that is properly funded and that is structured to enable lawyers to provide high-quality work on the most complex cases at every stage of the process. The Government’s response to the independent review of criminal legal aid must ensure that criminal lawyers are paid for all the work they do to represent their clients and that fees and rates are regularly reviewed so that the profession can remain sustainable for the long-term. (Paragraph 79) Civil legal aid
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Government response AI summary
The government states that Sir Christopher Bellamy QC's Independent Review into Criminal Legal Aid is considering the resilience of the market and fee review mechanisms. The government commits to addressing this issue in its response to the review's final report before the end of 2021.
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Ministry of Justice
20
Conclusion
3rd Report - The Future of Legal Aid
Acknowledged
It is frustrating, and yet unsurprising, that many of the concerns raised over the operation of the civil legal aid system by our predecessor Committee in 2015, and by Government’s post-implementation review in 2019, have been highlighted in evidence to this inquiry on the future of legal aid in 2021.
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It is frustrating, and yet unsurprising, that many of the concerns raised over the operation of the civil legal aid system by our predecessor Committee in 2015, and by Government’s post-implementation review in 2019, have been highlighted in evidence to this inquiry on the future of legal aid in 2021.
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Government response AI summary
The government recognises the recurring nature of concerns regarding civil legal aid. It states that some policy changes have already been delivered, and work on others (e.g., exceptional case funding, early legal advice pilot) is progressing, though delayed by the COVID-19 pandemic.
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Ministry of Justice
21
Recommendation
3rd Report - The Future of Legal Aid
Acknowledged
The Government should take a whole justice system approach to the reform of the civil legal aid framework. The provision of early advice can help to make the courts The Future of Legal Aid 69 work more effectively.
Government response AI summary
The government acknowledges that legal aid is part of a wider system and states that evidence from an unspecified pilot will inform its wider consideration of the future civil legal aid system.
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Ministry of Justice
22
Recommendation
3rd Report - The Future of Legal Aid
Accepted
The Government should consider whether the model of the possession duty scheme should be used in other areas of the civil justice system where there are significant numbers of litigants in person. Non-means tested advice at court on the day of hearing could provide an economical way of offering some …
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The Government should consider whether the model of the possession duty scheme should be used in other areas of the civil justice system where there are significant numbers of litigants in person. Non-means tested advice at court on the day of hearing could provide an economical way of offering some legal support to vulnerable litigants. We commend the Government and the Legal Aid Agency on their work on the duty scheme, but ask that they learn the lesson that schemes which are “assertive and flexible”, as Simon Mullings described the possession duty scheme, are what is needed.
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Government response AI summary
The government agrees on the effectiveness of the Housing Possession Court Duty Scheme and will consult on its future sustainability. It states it is considering the use of this model in other areas of civil justice as part of its wider work on civil legal …
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Ministry of Justice
23
Conclusion
3rd Report - The Future of Legal Aid
Acknowledged
The Committee welcomes the introduction of the Family Mediation Voucher Scheme. It is a positive step and recognises that more needs to be done to help separating parents. We believe that if early legal advice was available alongside mediation, this would result in an increase in the numbers using mediation …
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The Committee welcomes the introduction of the Family Mediation Voucher Scheme. It is a positive step and recognises that more needs to be done to help separating parents. We believe that if early legal advice was available alongside mediation, this would result in an increase in the numbers using mediation successfully.
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Government response AI summary
The government notes the positive reception of the Family Mediation Voucher Scheme and commits to continued monitoring. It states that the sustainability of civil legal aid market work is considering the scope of early legal help, but does not commit to making it available alongside …
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Ministry of Justice
24
Recommendation
3rd Report - The Future of Legal Aid
Accepted
We suggest that the civil legal aid system needs an updated version of the Green Form scheme, which was introduced in 1973, that would allow individuals to understand their rights and be directed to the services that are most appropriate for their situation. One suggestion we have received is that …
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We suggest that the civil legal aid system needs an updated version of the Green Form scheme, which was introduced in 1973, that would allow individuals to understand their rights and be directed to the services that are most appropriate for their situation. One suggestion we have received is that the Government could develop and pilot an ambitious and economically viable early advice scheme, that enables individuals to access timely legal and expert advice. Rather than being constrained by issues of scope, such a scheme should be strategically targeted at those who would most benefit from early advice.
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Government response AI summary
The government is developing an early legal advice pilot, focused on social welfare law (housing, debt, welfare benefits), to test its impact on resolving problems earlier. Further details of this pilot will be announced in due course.
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Ministry of Justice
25
Recommendation
3rd Report - The Future of Legal Aid
Accepted
The weight of evidence, however, is that inaction on the rising number of litigants in person is not an option. Many of the policy responses to the issue involve increasing the resources of the courts or other agencies involved in the system. With the impact of the pandemic likely to …
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The weight of evidence, however, is that inaction on the rising number of litigants in person is not an option. Many of the policy responses to the issue involve increasing the resources of the courts or other agencies involved in the system. With the impact of the pandemic likely to lead to greater number of litigants in person in the family courts and in tribunals, we urge the Government to consider providing more accessible and effective forms of support.
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Government response AI summary
The government details multiple existing and recently increased funding streams, including £3 million per year for LSLIP grants (2020-2022), over £9 million through LIPSS since 2014-15, and £2 million invested in the Community Justice Fund, demonstrating ongoing and increased support for litigants in person.
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Ministry of Justice
26
Conclusion
3rd Report - The Future of Legal Aid
Accepted
We continue to be disappointed with the Ministry of Justice’s approach to gathering data on access to justice. From the evidence we heard, the data they hold may not adequately reflect the impact of litigants in person on court time and throughput. We remain concerned that the inability to produce …
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We continue to be disappointed with the Ministry of Justice’s approach to gathering data on access to justice. From the evidence we heard, the data they hold may not adequately reflect the impact of litigants in person on court time and throughput. We remain concerned that the inability to produce high-quality data on the impact of legal advice on access to justice means that the chances of the Treasury granting additional funding for legal advice and representation are slim.
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Government response AI summary
The Ministry of Justice acknowledges challenges with legacy data systems but states it is making progress and investing in its analytical function. It specifically commits to launching a pilot next year to test the impact of early legal advice in social welfare law, aiming to …
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Ministry of Justice
27
Recommendation
3rd Report - The Future of Legal Aid
Accepted
We welcome steps to support litigants in person. We encourage the Government to consider whether the scale of these projects and grants should be increased.
Government response AI summary
The government details multiple existing and recently increased funding streams, including £3 million per year for LSLIP grants (2020-2022), over £9 million through LIPSS since 2014-15, and £2 million invested in the Community Justice Fund, demonstrating ongoing and increased support for litigants in person.
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Ministry of Justice
28
Conclusion
3rd Report - The Future of Legal Aid
Accepted
We recognise that the Government is making progress in improving legal support and information for litigants in person, but we caution the Government that such measures should not be seen as an alternative to tailored legal advice. We are aware that in areas such as benefits, non-legally qualified specialist advisors …
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We recognise that the Government is making progress in improving legal support and information for litigants in person, but we caution the Government that such measures should not be seen as an alternative to tailored legal advice. We are aware that in areas such as benefits, non-legally qualified specialist advisors can provide appropriate assistance However, as long as our system is characterised by complex legal frameworks and an adversarial justice system, the availability of individualised legal advice and support will remain necessary. (Paragraph 108) 70 The Future of Legal Aid
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Government response AI summary
The government outlines its significant ongoing investment in legal support for litigants in person, including a £3 million annual grant from 2020-2022 through the LSLIP Grant, over £9 million since 2014-15 via LIPSS, and recent investments in the Community Justice Fund to support not-for-profit organizations.
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Ministry of Justice
29
Conclusion
3rd Report - The Future of Legal Aid
Deferred
We welcome the decision to remove the £100,000 cap. However, we regret that it was ever necessary for a victim of domestic violence to have litigate to obtain legal aid because of the Government’s failure to ensure that the means test is regularly updated.
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We welcome the decision to remove the £100,000 cap. However, we regret that it was ever necessary for a victim of domestic violence to have litigate to obtain legal aid because of the Government’s failure to ensure that the means test is regularly updated.
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Government response AI summary
The government acknowledges that means test elements have not been uprated for some years and states that the ongoing Means Test Review is specifically considering how the means test applies to victims of domestic abuse.
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Ministry of Justice
30
Recommendation
3rd Report - The Future of Legal Aid
Deferred
We welcome the Government’s decision to review the means test for both civil and criminal legal aid. There is a strong consensus among witnesses that any revised means test for civil legal aid should be simpler, for example by using passporting, should be set at an objectively defined poverty line …
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We welcome the Government’s decision to review the means test for both civil and criminal legal aid. There is a strong consensus among witnesses that any revised means test for civil legal aid should be simpler, for example by using passporting, should be set at an objectively defined poverty line and should be regularly uprated. The vast majority of taxpayers are not eligible for civil legal aid, and for those that are, it is often difficult to access.
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Government response AI summary
The government states its Means Test Review is considering a full range of criteria, including passporting and capital thresholds, to ensure access to justice for low-income individuals.
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Ministry of Justice
31
Recommendation
3rd Report - The Future of Legal Aid
Accepted
The Exceptional Case Funding system should be reformed.
Government response AI summary
The government accepts the recommendation, stating that work is ongoing within the Ministry of Justice to review and improve the Exceptional Case Funding application process, including developing and publishing easy-read guidance by the end of the year.
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Ministry of Justice
32
Recommendation
3rd Report - The Future of Legal Aid
Rejected
We recognise the strength of Richard Miller’s suggestion that judges should be empowered to make a direction that an individual needs representation and that it should be binding on the Legal Aid Agency to provide exceptional case funding in that case. Such an approach could increase access to justice for …
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We recognise the strength of Richard Miller’s suggestion that judges should be empowered to make a direction that an individual needs representation and that it should be binding on the Legal Aid Agency to provide exceptional case funding in that case. Such an approach could increase access to justice for the most vulnerable litigants and improve the efficiency and effectiveness of court proceedings.
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Government response AI summary
The government rejects the recommendation for judges to make binding directions on exceptional case funding, stating the LAA's independent role should not change, but notes ongoing work to improve ECF scheme guidance.
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Ministry of Justice
33
Recommendation
3rd Report - The Future of Legal Aid
Acknowledged
Civil legal aid, like criminal legal aid, needs the Government to take decisive action to change the approach set by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 at the start of the last decade. Without such a step, the sector will continue to struggle to attract new …
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Civil legal aid, like criminal legal aid, needs the Government to take decisive action to change the approach set by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 at the start of the last decade. Without such a step, the sector will continue to struggle to attract new recruits.
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Government response AI summary
The government acknowledges the need for change by stating it is already considering the sustainability of the civil legal aid system and its future structure.
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Ministry of Justice
34
Recommendation
3rd Report - The Future of Legal Aid
Acknowledged
The Government should collect and publish more detailed data on the providers of civil legal aid, in particular it should capture how much publicly funded work each provider is doing each year.
Government response AI summary
The government states it is working on improving data collection regarding the characteristics of civil legal aid providers as part of its market sustainability work, but does not explicitly commit to collecting and publishing more detailed data on publicly funded work per provider.
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Ministry of Justice
35
Conclusion
3rd Report - The Future of Legal Aid
Acknowledged
Sustainability issues for civil legal aid providers are sufficiently serious to justify a complete overhaul of the system. A number of witnesses have highlighted that a combination of number of fundamental problems rather than one or two specific issues contribute to the unsustainability of civil legal aid. Furthermore, this lack …
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Sustainability issues for civil legal aid providers are sufficiently serious to justify a complete overhaul of the system. A number of witnesses have highlighted that a combination of number of fundamental problems rather than one or two specific issues contribute to the unsustainability of civil legal aid. Furthermore, this lack of sustainability is having a knock-on effect on the ability of those entitled to legal aid to access lawyers to provide advice and representation. We welcome the fact that the Government is undertaking a review to look at these issues in the round. That said, the success of that review will depend on whether it is able to put forward the radical solutions needed to make civil legal aid sustainable again. We received evidence to suggest that an internal review may not be adequate to that task. If that proves to be so, an independent review may be required, along the lines of the Independent Criminal Legal Aid Review, to acquire the evidence base needed for far-reaching changes.
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Government response AI summary
The government agrees on the importance of civil legal aid sustainability and is continuing to consider the best internal approach, committing to engage with stakeholders on next steps in due course.
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Ministry of Justice
36
Recommendation
3rd Report - The Future of Legal Aid
Acknowledged
The basis for the radical change required in civil legal aid requires the Government to establish the level of need for civil legal aid services in England and Wales. Once that is established, the Government needs to ensure that suppliers of legal aid services have the capacity to meet that …
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The basis for the radical change required in civil legal aid requires the Government to establish the level of need for civil legal aid services in England and Wales. Once that is established, the Government needs to ensure that suppliers of legal aid services have the capacity to meet that need. We agree with a number of witnesses that the current model of predominantly funding services by funding individual cases, often via fixed fees, will not enable providers to meet the need or demand for legal aid services. As Richard Miller told us “it is a bit strange that we have The Future of Legal Aid 71 a system where the Legal Aid Agency makes decisions on each individual case, leading to extensive bureaucracy, which of course has a cost in itself”. Instead, a more flexible and proactive approach is required. The Government should fund more training opportunities for legal aid lawyers to ensure that there those willing to pursue a career in publicly funded work are able to. The Government should provide more direct grants to organisations who can be relied upon to provide a high-quality and economical viable service. The Government should set up and run more duty schemes to help the vulnerable litigants within the justice system who have not been able to secure the services of a lawyer. The Government should ensure that fees for publicly funded work are regularly uprated in line with inflation.
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Government response AI summary
The government states it is already considering the sustainability of the civil legal aid market and how to support the workforce, including "consideration of funded posts within legal aid providers including the funding of training contracts". It also highlights ongoing digital improvements by the LAA, …
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Ministry of Justice
37
Recommendation
3rd Report - The Future of Legal Aid
Acknowledged
However, it is not a question of simply raising fees, but rather making better use of the resources available. We believe that the best way of ensuring value of money is to focus on expanding the capacity of those providers who are able to offer a high-quality service to the …
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However, it is not a question of simply raising fees, but rather making better use of the resources available. We believe that the best way of ensuring value of money is to focus on expanding the capacity of those providers who are able to offer a high-quality service to the public at a relatively low cost when compared to the private sector. By doing this, we can reduce backlogs and help people solve legal problems more quickly. In certain areas of civil law, in particular immigration, community care and housing, we are concerned that the impact of Covid-19 will lead to a growing need for legal aid work, but that there will not be sufficient providers able to help. In those areas, we recognise that unless the civil legal aid review produces very speedy results, it is likely that individuals will be prevented from pursuing meritorious claims. The Lord Chancellor should consider using his powers under section 2 of LASPO to make direct grants to organisations to fulfil the statutory duty to ensure that legal aid is made available.
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Government response AI summary
The government states it is internally considering the sustainability of the civil legal aid market and whether different funding models might be appropriate, but does not commit to using Section 2 of LASPO for direct grants.
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Ministry of Justice
38
Recommendation
3rd Report - The Future of Legal Aid
Accepted in Part
Online legal services should not be seen as a replacement for traditional face-to-face services, especially when such a high proportion of those who qualify for legal aid do not always have reliable access to digital technology. That said, we agree with a number of submissions that have suggested that there …
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Online legal services should not be seen as a replacement for traditional face-to-face services, especially when such a high proportion of those who qualify for legal aid do not always have reliable access to digital technology. That said, we agree with a number of submissions that have suggested that there is a significant opportunity to use technology to both expand the capacity of providers and to extend the reach of legal aid providers to more people. The Government should support legal aid providers to upgrade their digital infrastructures. This should include helping smaller providers and Not-for- Profits procure the necessary hardware and case management software that could help them expand their capacity. The Government should also establish an Online Platform for Legal Advice, as suggested by JUSTICE, that is given prominence by HMCTS online that directs people to advice provided by legal aid providers. Expanding the availability and accessibility of online advice by legal aid providers, particularly at an early stage, could serve to both enhance existing face-to-face services and extend the reach of providers. The Government should support legal aid providers to upgrade their digital infrastructures. This should include helping smaller providers and Not-for- Profits procure the necessary hardware and case management software that could help them expand their capacity. The Government should also establish an Online Platform for Legal Advice, as suggested by JUSTICE, that is given prominence by HMCTS online that directs people to advice provided legal aid providers. (Paragraph 137) 72 The Future of Legal Aid Legal aid agency
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Government response AI summary
The government has developed an online pilot for housing disrepair advice and signposting as part of its Legal Support Action Plan, accessible via GOV.UK, but does not address supporting legal aid providers to upgrade their digital infrastructure.
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Ministry of Justice
39
Recommendation
3rd Report - The Future of Legal Aid
Accepted in Part
We commend the Legal Aid Agency for its work supporting legal aid providers since the start of the pandemic. The approach taken by the Agency and its staff shows that it can be flexible and proactive if the circumstances allow. We recommend that the Agency continues with this approach in …
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We commend the Legal Aid Agency for its work supporting legal aid providers since the start of the pandemic. The approach taken by the Agency and its staff shows that it can be flexible and proactive if the circumstances allow. We recommend that the Agency continues with this approach in the future. We would also suggest that the Agency considers whether any of the changes made to deal with the pandemic should be made permanent.
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Government response AI summary
The LAA has already made some pandemic-related changes permanent and continues to keep other active contingencies under review. It also commits to maintaining an open dialogue with providers and continuously seeking opportunities to improve processes and systems.
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Ministry of Justice
40
Recommendation
3rd Report - The Future of Legal Aid
Rejected
We welcome the Legal Aid Agency’s work to respond to legal aid providers concerns in relation to the “culture of refusal”. We also recognise their commitment to ensure that taxpayers’ money is managed properly. We acknowledge that the staff and leadership at the Legal Aid Agency have limited scope to …
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We welcome the Legal Aid Agency’s work to respond to legal aid providers concerns in relation to the “culture of refusal”. We also recognise their commitment to ensure that taxpayers’ money is managed properly. We acknowledge that the staff and leadership at the Legal Aid Agency have limited scope to alter the fundamental dynamics that determine their role within the broader legal aid system. Nevertheless, we believe that the evidence submitted indicates that the Government and the Ministry of Justice need to revaluate the Legal Aid Agency’s priorities. By asking the Agency to prioritise the “error rate” over other considerations, particularly access to justice and the sustainability of providers, the Government risks missing the wood for the trees. The Government’s work on the sustainability of both criminal and civil legal aid should consider how to empower the Legal Aid Agency to take a more flexible and proactive approach to funding legal aid. The Government should ensure that providers are not required to conduct disproportionate amounts of unpaid work to apply for funding.
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Government response AI summary
The government rejects the committee's premise that the LAA prioritises "error rate" over other considerations, stating the agency maintains a balanced approach. It highlights existing digital improvements and defers further consideration of a more flexible funding approach and administrative burdens to the ongoing Criminal Legal …
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Ministry of Justice
41
Recommendation
3rd Report - The Future of Legal Aid
Accepted
The Government should consider creating a system of earned autonomy that places more trust in the decision making of providers with strong records of high-quality decision making. The Agency’s processes should have some incentives for providers to work towards gradually reducing the burden of administrative requirements. Given the difficulties facing …
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The Government should consider creating a system of earned autonomy that places more trust in the decision making of providers with strong records of high-quality decision making. The Agency’s processes should have some incentives for providers to work towards gradually reducing the burden of administrative requirements. Given the difficulties facing legal aid providers, placing greater trust in their ability to decide on eligibility would expand their capacity which would be beneficial for access to justice.
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Government response AI summary
The LAA states it already takes a proportionate approach to contract management, having reduced audit activities and administrative spending pre-pandemic, and paused non-essential activity during COVID-19. It will continue to look for opportunities to ease processes and reflect on remote audit approaches.
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Ministry of Justice
42
Recommendation
3rd Report - The Future of Legal Aid
Deferred
The Government should consider enabling the Legal Aid Agency to provide specific support to legal aid providers to bring in trainees. This support should be targeted to areas where there is a particular shortage of specialist advice.
Government response AI summary
The government is considering how best to support the legal aid workforce as part of its ongoing work on civil legal aid market sustainability, which includes considering funded posts and training contracts for providers.
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Ministry of Justice
43
Recommendation
3rd Report - The Future of Legal Aid
Acknowledged
If the Government were to accept the recommendations we have made on how to approach criminal and civil legal aid it will be necessary to address the Legal Agency Aid’s priorities, its institutional capacity and how it uses its resources. The Government should consider whether the Legal Aid Agency should …
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If the Government were to accept the recommendations we have made on how to approach criminal and civil legal aid it will be necessary to address the Legal Agency Aid’s priorities, its institutional capacity and how it uses its resources. The Government should consider whether the Legal Aid Agency should expand its data collection and publication in order to better inform the development of legal aid policy. (Paragraph 155) The Future of Legal Aid 73
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Government response AI summary
The government states the MoJ and LAA will continue to collaborate to identify opportunities for data expansion, without committing to specific changes in collection or publication.
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Ministry of Justice