Select committee: Justice Committee
Recommendation 37
3rd Report - The Future of Legal Aid
Published 27 Jul 2021
Paragraph 129
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 ↗
Recommendation (the committee's words)
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.
From: Justice Committee, 3rd Report - The Future of Legal Aid (HC 70), paragraph 129, 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".