The UK Government has recognised that it is “imperative” that
support is given to people on low incomes to access justice.
However successive governments, parliamentary committees and
stakeholders have identified barriers to vulnerable people
accessing the necessary advice and legal services.
The Government states that access to justice and the “ability
of individuals to resolve their legal problems is vital to a
just society and is a fundamental principle underpinning the
rule of law”. Some of the issues affecting access to justice
for people on low incomes include:
- Legal aid means-testing criteria.
- Criminal legal aid fee schemes.
- Court closures.
- Access to affordable advice.
In February 2019, the Government published its legal action
support plan to deliver quicker and easier access to legal
support services. It stated that the proposals were designed to
ensure support was given to the most vulnerable in society to
access justice. It included proposals to:
- Review the eligibility criteria and provision of legal aid.
- Review criminal legal aid fee schemes.
- Work with legal support providers and academics to develop
web-based products and use funding to encourage the delivery of
legal support through technology.
- Improve signposting advice and improve early support.
- Pilot face-to-face early legal advice in a specific area of
social welfare law.
In February 2020, the Government confirmed that it would
continue to work on resolving the issues affecting access to
justice.
As well as support through legal aid, people on low incomes can
get free or low-cost advice from organisations such as Citizens
Advice, Law Centres and Advocate. However, the Law Society has
identified “legal aid deserts” in large regions of England and
Wales, where there are few or no legal aid providers in certain
areas of welfare advice.
This briefing was prepared for a Lords debate on 26 March 2020.
This is no longer taking place. (Labour) was
to move that “this House takes note of the current state of
access to justice and the availability of advisory services
intended to assist people on low incomes to exercise their
rights to receive social security and benefit from public
services.”
