Recommendations & Conclusions
9 items
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
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
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
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