Select committee: Justice Committee
Recommendation 40
3rd Report - The Future of Legal Aid
Published 27 Jul 2021
Paragraph 150
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)
We welcome the Legal Aid Agency’s work to respond to legal aid providers concerns in relation to the “culture of refusal”. We also recognise their commitment to ensure that taxpayers’ money is managed properly. We acknowledge that the staff and leadership at the Legal Aid Agency have limited scope to alter the fundamental dynamics that determine their role within the broader legal aid system. Nevertheless, we believe that the evidence submitted indicates that the Government and the Ministry of Justice need to revaluate the Legal Aid Agency’s priorities. By asking the Agency to prioritise the “error rate” over other considerations, particularly access to justice and the sustainability of providers, the Government risks missing the wood for the trees. The Government’s work on the sustainability of both criminal and civil legal aid should consider how to empower the Legal Aid Agency to take a more flexible and proactive approach to funding legal aid. The Government should ensure that providers are not required to conduct disproportionate amounts of unpaid work to apply for funding.
From: Justice Committee, 3rd Report - The Future of Legal Aid (HC 70), paragraph 150, 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".