Justice Committee says Government's civil legal aid reforms have failed in three of their four objectives

Parliament's Justice Select Committee has today released a report on the impact of the reduction of the civil legal aid budget made by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LAPSO).

You can read it here.

Image credit: UK GovernmentThe Justice Committee found that while the Government had achieved its aim of substantially reducing the civil legal aid budget, it had failed to target legal aid to those who need it most, it had not discouraged unnecessary litigation at public expense and it could not show it was delivering better overall value for money for the taxpayer.

The report found that there has actually been a significant underspend in the civil legal aid budget because the Ministry of Justice (MoJ) has failed to ensure that those who are eligible for legal aid are able to access it. The report recommends that the MoJ "undertake a public campaign to combat the widespread impression that legal aid is almost non-existent."

In addition, the Committee found that the exceptional cases funding scheme has not worked as Parliament intended. The report states: "the MoJ estimated that 5,000-7,000 applications for exceptional cases funding would be made annually, of which around 3,700 (74%-53%) would be granted … The latest figures from the Legal Aid Agency, however, show that only 151 (7.2%) of the 2,090 applications for exceptional case funding made between April 2013 and September 2014 were granted."

Of the 151 applications for exceptional case funding granted, just 22 were for immigration. Sarah Campbell of Bail for Immigration Detainees was quoted in the report as saying: "we deal with over 3,000 cases a year. In the last 18 months we have only been able to successfully refer two people to solicitors to make exceptional case funding applications for them. The main reason for this is that solicitors know that they are very unlikely to see any money as a result of making applications…payment is only made if the applications are successful. The vast majority of applications are being refused by the Legal Aid Agency. It simply is not financially viable."

The report states: "The exceptional cases funding scheme has not done the job Parliament intended, protecting access to justice for the most vulnerable people in our society. This is because of the failure of the Legal Aid Agency, and the Lord Chancellor's Guidance, which was recently held to be unlawful, to give sufficient weight to access to justice in the decision-making process. The wrongful refusal of applications for exceptional cases funding may have resulted in miscarriages of justice. All agencies involved must closely examine their actions and take immediate steps to ensure the exceptional cases funding scheme is the robust safety net envisaged by Parliament."

On the subject of legal aid for children, the Committee said it was particularly concerned by evidence it heard that trafficked and separated children are struggling to access immigration advice and assistance.

Overall, the Justice Committee concluded that "the faulty implementation of the legal aid changes contained in Part 1 of the Legal Aid Sentencing and Punishment of Offenders Act 2012 has harmed access to justice for some litigants."

The Committee said: "The Ministry of Justice has failed in three of its four objectives for LASPO: it has not discouraged unnecessary and adversarial litigation at public expense because the courts and tribunals are having to meet the costs of a significant rise in litigants in person and a corresponding fall in mediation; it has failed to target legal aid at those who need it most because it has failed to properly implement the exceptional cases funding scheme; and it has failed to prove that it has delivered better overall value for money for the taxpayer because it has no idea at all of the knock-on costs of the legal aid changes to the public purse. The Ministry of Justice has made significant savings in the cost of the scheme but we conclude that it could have achieved greater savings if it had reduced the knock-on costs of the reforms."

A Ministry of Justice spokesman told BBC News: "It is entirely untrue to allege people who are eligible for legal aid under Laspo did not get it. We are keeping these reforms under close review and have already made changes to address issues raised."

"We are also undertaking a comprehensive research programme to better understand why people choose to go court and how they deal with legal problems."

Nimrod Ben Cnaan, head of policy and profile at Law Centres Network, said in a press release: "Law Centres welcome today’s report, which leaves no doubt about the damage wreaked by government cuts. Disadvantaged and vulnerable people who should be able to get legal aid are unable to do so, even when it is available. ... Civil legal aid is not being delivered as Parliament had intended. Therefore, we strongly support the report’s call for urgent reviews of legal aid. We must ensure that this vital support is effectively available to those who need it most."