Select committee: Justice Committee
Conclusion 35
3rd Report - The Future of Legal Aid
Published 27 Jul 2021
Paragraph 127
Addressed to Ministry of Justice
Justice Committee The Future of Legal Aid All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗
Conclusion (the committee's words)
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.
From: Justice Committee, 3rd Report - The Future of Legal Aid (HC 70), paragraph 127, 27 July 2021
Government response
The government responded to the whole report on 16 November 2021 (deadline 27 September 2021).
Summary written by Accountability Index from the government's response. It is not the government's own words.The government responds mainly by pointing to ongoing reviews and pilots, in particular the Criminal Legal Aid Independent Review, and does not set out firm decisions on most recommendations.
- On criminal legal aid fees and sustainability, it says it "will address this issue" in its response to Sir Christopher Bellamy's review, and has "committed to responding to the Review's final report before the end of 2021".
- On the means test, it says it intends to publish the Means Test Review "alongside a public consultation shortly", and will address the report's related points following that consultation.
- On civil legal aid, it is "already considering" sustainability internally and is developing an early legal advice pilot in social welfare law, with further details to be announced "in due course".
- On judicial directions for Exceptional Case Funding, it says the Legal Aid Agency takes decisions "completely free from outside influence" and it does "not believe that this position should change".