Select committee: Justice Committee
Recommendation 38
3rd Report - The Future of Legal Aid
Published 27 Jul 2021
Paragraph 137
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)
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.
From: Justice Committee, 3rd Report - The Future of Legal Aid (HC 70), paragraph 137, 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".