A move to ease some of the hurdles restricting access to justice
for hundreds of thousands of people is a shift in the right
direction, the Law Society of England and Wales said today.
Responding to the government’s crucial post-implementation review
of the Legal Aid, Sentencing and Punishment of Offenders Act
2012 (LASPO), Law Society president Christina Blacklaws said:
“This post-implementation evaluation is long-awaited and
comprehensive and represents the first time in over twenty years
that we have seen wide-ranging Government proposals to improve
the system rather than to make further cuts.
“This review is important because legal aid is crucial to ensure
that the protection of the rule of law is a reality for all and
provides a lifeline for the vulnerable with social welfare law
problems.
“Successive governments have restricted access to justice and the
most severe constraints were implemented in April 2013 when – as
part of the LASPO reforms - hundreds of thousands of people
became ineligible for legal aid. The sweeping cuts have had a
detrimental impact on wider society. They have led to growing
numbers of people representing themselves in court and increased
pressure on wider public services.
“The Law Society contributed heavily to the Ministry of Justice’s
evidence gathering process ahead of the publication of this
vitally important review.
“The proposals reflect a considerable number of the
recommendations we put forward. The Ministry has accepted the
case for changes in relation to the legal aid means test,
exceptional case funding and early legal advice, and has
committed to further work as to what those changes should look
like. There are also to be specific changes immediately in
relation to migrant children, special guardianship orders and the
telephone gateway for discrimination, debt and special
educational needs. There is much to be welcomed.”
Christina added: “We hope these changes will make it easier for
ordinary people to qualify for legal aid and access essential
help and support.
“However, welcome as this further work is, the government must
give urgent attention to amending the means test thresholds
because the current levels are preventing families in poverty
from accessing justice; and remuneration rates for solicitors
undertaking this vital work must be reviewed for civil as well as
criminal work, to address the medium term viability of the
system. As a first step, they should be uprated in line with
inflation ahead of further work to make the system sustainable.”
Christina Blacklaws said: “If people cannot access advice or
protect their rights, then effectively those rights do not exist.
The proposed plan signals hope that fewer people will be denied
justice simply because they cannot afford it.
"We support the government’s proposal to improve access to
justice through better use of technology. The proposed technology
fund indicates a recognition that securing commercial funding for
access to justice solutions continues to be challenging.
“We look forward to working with the government as they put these
proposals into action.”
Ends
Notes to editors:
Read our LASPO submission: https://www.lawsociety.org.uk/policy-campaigns/consultation-responses/ministry-of-justice-laspo-part-1-post-implementation-review-law-society-response/
The Law Society of England and Wales published its own reckoning
of LASPO Access denied? LASPO four years on in June
2017: https://www.lawsociety.org.uk/support-services/research-trends/laspo-4-years-on/
