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Select Committee · Justice Committee

The Future of Legal Aid

Status: Closed Opened: 7 Sep 2020 Closed: 14 Sep 2023 32 recommendations 11 conclusions 1 report

This inquiry is looking at the major challenges facing legal aid clients and providers and how they might be tackled. The legal aid system in England and Wales was fundamentally changed by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LAPSO). Since then, there have been several legislative changes and post-legislative reviews of … Show more

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Reports

1 report
Title HC No. Published Items Response
3rd Report - The Future of Legal Aid HC 70 27 Jul 2021 43 Responded

Recommendations & Conclusions

9 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...

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
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...

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 … Read more

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
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...

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 … Read more

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...

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 … Read more

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...

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 … Read more

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 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...

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 … Read more

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
31 Recommendation 3rd Report - The Future of Legal Aid Accepted

The Exceptional Case Funding system should be reformed.

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
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 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 … Read more

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

Correspondence

20 letters
DateDirectionTitle
21 Feb 2023 To cttee Letter from Mike Freer MP, Minister for Courts, Legal Services and Internationa…
21 Feb 2023 From cttee Letter to Mike Freer MP, Minister for Courts, Legal Services and International,…
7 Feb 2023 To cttee Letter from Lubna Shuja, President of the Law Society, dated 30 January 2023, f…
25 Jan 2023 To cttee Letter from Kirsty Brimelow KC, Chair, Criminal Bar Association, dated 9 Januar…
6 Dec 2022 To cttee Letter from Mike Freer MP, Parliamentary Under Secretary of State for Justice, …
8 Sep 2022 To cttee Letter from Sarah Dines MP, Parliamentary Under Secretary of State, dated 15 Au…
25 May 2022 To cttee Letter from the Bar Council, dated 24 May 2022, regarding income disparities at…
15 Mar 2022 To cttee Letter from the Lord Chancellor, dated 14 March 2022, on the legal aid means te…
16 Nov 2021 From cttee Letter to the Deputy Prime Minister and Lord Chancellor on the response to the …
23 Jul 2021 — Family Law Roundtable Transcript 14 December 2020
24 Feb 2021 To cttee Letter from Alex Chalk MP, Parliamentary Under Secretary of State for Justice, …
3 Feb 2021 To cttee Letter from Robert Buckland QC MP, Lord Chancellor and Secretary of State for J…
27 Jan 2021 To cttee Letter from Alex Chalk MP, Parliamentary Under-Secretary of State for Justice, …
13 Jan 2021 To cttee Letter from Rt Hon Robert Buckland QC MP, Lord Chancellor & Secretary of State …
4 Nov 2020 To cttee Letter from Alex Chalk MP, Parliamentary Under-Secretary of State for Justice, …
23 Sep 2020 To cttee Letter from Alex Chalk MP, Parliamentary Under-Secretary of State for Justice, …
9 Sep 2020 To cttee Letter from Alex Chalk MP, Parliamentary Under Secretary of State for Justice, …
22 May 2020 To cttee Letter from Alex Chalk MP, Parliamentary Under-Secretary of State for Justice, …
28 Apr 2020 To cttee Letter from Alex Chalk MP, Parliamentary Under-Secretary of State for Justice, …
28 Apr 2020 To cttee Letter from Alex Chalk MP, Parliamentary Under-Secretary of State for Justice, …