While the price-competitive tendering (PCT) proposals have grabbed the headlines it is important to remember that the Ministry of Justice consultation also contains proposals for some very significant cuts in civil and prison law legal aid. These include:
- a residence test for civil legal aid eligibility
- not paying solicitors' costs for judicial reviews where permission is refused
- taking all treatment cases out of scope for prison law
- reducing care proceedings fees by 10 per cent
The Law Society regards these proposed cuts as a major erosion of the rights of citizens and their ability to challenge arbitrary decisions of the state. These cuts appear to be merely politically motivated, since they will generate minimal savings. They may amount to unlawful discrimination particularly against minority ethnic communities and people with disabilities.
The Society is working with various practitioner groups and consulting with external lawyers to oppose these proposals.