Legal aid at risk as Parliamentary report call for government action

News:

A new Parliamentary report which shows why the government must fund legal aid sustainably has been welcomed by the Law Society of England and Wales.

The Public Accounts Committee (PAC) has today (7 January) published a report on the Ministry of Justice (MoJ) and legal aid, including the response to the Legal Aid Agency cyber-attack.

The committee remains unconvinced that the MoJ has done enough to ensure the future sustainability of the legal aid market. The Law Society, whose evidence is cited throughout the report, agrees.

“Legal aid is a vital public service. It is key to ensuring everyone has the right to justice and for their voices to be heard, irrespective of their circumstances,” said Law Society president Mark Evans.

“Assisting survivors of domestic abuse, providing advice to help people obtain the social care they need, and representing people facing eviction and housing disrepair, are just a few examples of the important work legal aid lawyers do.

“However, years of government cuts mean many cannot access legal support. Our legal aid desert map* shows that more than 42 million people in England and Wales – nearly 70% of the population – are denied access to a community care legal aid provider in their area.

“Despite some recent improvement, the government has not done enough to put legal aid on a sustainable footing. We welcome the recommendations set out by the Public Accounts Committee and share the view that the MoJ should routinely review profitability and sustainability for all types of legal aid.

“We also agree that the MoJ should make public the lessons learned from the Legal Aid Agency (LAA) cyber-attack and whether funding and provisions are in place to stop it happening again.

“We had long warned about the LAA’s antiquated computer systems. Their fragility has prevented vital reforms, including updates to the means test that could help millions more access legal aid. The cyber-attack has delayed their implementation even further. The MoJ must publish a timetable for implementing all the means test changes.

“Lack of legal aid often leads to more people trying to fight cases on their own, which can cause delays, injustice and costs elsewhere. The MoJ needs to collect better data on the impact of the increase in litigants in person on courts, as the committee recommends.

“Legal aid provision is vital to ensuring a level playing field for justice and there is still time for the government to make the right investment to ensure its sustainability.”

Notes to editors

• * See the Law Society’s legal aid desert map

• Find out about the Law Society’s civil legal aid campaign

• Read the Law Society’s written submission to the Public Accounts Committee

• See the PAC report