Source · Select Committees · Public Accounts Committee
Recommendation 7
7
Accepted
Legal aid agencies lack demand and capacity data, hindering understanding of access issues.
Recommendation
Neither MoJ nor LAA estimate demand for legally aided services, nor do they capture routine data on whether providers are turning potential clients away.12 MoJ and LAA told us that this was partly because they do not want to place too high a burden on providers by requiring them to submit additional data.13 But this means that they do not have a good overall view of the impact of providers’ capacity on access to legal aid. Evidence indicates that it is getting harder to obtain legal aid and that providers cannot meet demand. MoJ’s survey of civil providers in September 2023 found that 80% were experiencing more demand than capacity, and among those providers an average of 26 eligible cases each were turned away in the month preceding the survey.14 This supports other evidence received by this Committee. For example, the Independent Provider of Special Education Advice, a charity that provides free legal advice to parents and carers of children with special educational needs, informed us that in over 20% of the cases they supported, the person was eligible for legal aid but had been unable to find a provider.15 Similarly, MoJ is aware of criminal cases where clients did not take legal advice due to no duty solicitor being available.16 Further, the Law Society provided examples of cases where 8 Qq 11, 32–33 9 C&AG’s Report, para 2.11 10 Q 5 11 Qq 39–40, 55 12 C&AG’s Report, para 2.10 13 Q 25 14 Survey of civil legal aid providers in England and Wales, January 2024 15 VMLA0005 16 C&AG’s Report, para 2.21 Value for Money from Legal Aid 11 suspects have been released from a police station as there is no duty solicitor available to represent them.17 They also noted that it was unclear how many people initially request a duty solicitor but do not receive one.18 Impact of gaps in provision of legal aid on disadvantaged groups
Government Response Summary
MoJ and LAA will review data on demand for and access to legal aid, improve data collection, and consider alternative methods for monitoring access, aiming for implementation by Spring 2026.
Government Response
Accepted
HM Government
Accepted
1.1 The government agrees with the Committee’s recommendation. Target implementation date: Spring 2026 1.2 The Legal Aid Agency (LAA) monitors the supply and distribution of providers; holds regular qualitative discussions with providers which includes their workload; and liaises with the Ministry of Justice (MoJ) if a policy remedy ought to be considered. MoJ and LAA will though review the current data collected on demand for, and access to, legal aid, including assessing the methodology for collecting; quality; usability; and completeness of that data. MoJ will identify opportunities to make improvements to data collection and visualisation (such as producing a new series of maps similar to those produced by National Audit Office), and consider any opportunities to enrich insights used for monitoring, where practicable, with other relevant data. MoJ will consider commissioning independent research on this point. It is important that data collection minimises any burdens placed on providers. 1.3 MoJ and LAA will also review their approach to monitoring whether people are able to find a legal aid provider to take on their case (if eligible). MoJ and LAA will consider alternative methods for doing this and look to establish a more robust evidence base on barriers to access, including capacity related factors. Again, any approach should take into account the burdens placed on providers.