*/
The Government has failed to target legal aid to those who need it most, a Justice Committee inquiry into the impact of the civil legal aid reforms has concluded.
The final report of the cross-party committee of MPs, Impact of changes to civil legal aid under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, found that the Ministry of Justice (MoJ) had failed to achieve three out of its four stated objectives for the reforms.
Whilst the Government had achieved its aim of substantially reducing the civil legal aid budget, access to justice had been harmed, unnecessary litigation at public expense had not been discouraged, and better value for the taxpayer not shown.
Announcing the conclusions, Committee Chair, Sir Alan Beith MP, acknowledged that making £2bn of savings from a budget of £9.8bn was clearly a “challenging target”.
“But this has limited access to justice for some of those who need legal aid the most and in some instances has failed to prevent cases becoming more serious and creating further claims on the legal aid budget.
“Many of the problems which we have identified could have been avoided with better research, a better evidence base to work from, and better public information about the reforms.
“It is vitally important that the MoJ works to remedy this from now on,” he warned.
The report identified a “significant underspend” in the civil legal aid budget since the reforms and “wrongful refusal of exceptional case funding applications [that] 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,” it concluded.
Responding to the report, Alistair MacDonald QC, Chairman of the Bar said that the findings “came as no surprise” to any professional giving legal advice to vulnerable people; and that recent reports by the Public Accounts Committee and National Audit Office had come to much the same conclusions. “We need a commitment from all parties to approach justice differently,” he said.
Whilst the Government had achieved its aim of substantially reducing the civil legal aid budget, access to justice had been harmed, unnecessary litigation at public expense had not been discouraged, and better value for the taxpayer not shown.
Announcing the conclusions, Committee Chair, Sir Alan Beith MP, acknowledged that making £2bn of savings from a budget of £9.8bn was clearly a “challenging target”.
“But this has limited access to justice for some of those who need legal aid the most and in some instances has failed to prevent cases becoming more serious and creating further claims on the legal aid budget.
“Many of the problems which we have identified could have been avoided with better research, a better evidence base to work from, and better public information about the reforms.
“It is vitally important that the MoJ works to remedy this from now on,” he warned.
The report identified a “significant underspend” in the civil legal aid budget since the reforms and “wrongful refusal of exceptional case funding applications [that] 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,” it concluded.
Responding to the report, Alistair MacDonald QC, Chairman of the Bar said that the findings “came as no surprise” to any professional giving legal advice to vulnerable people; and that recent reports by the Public Accounts Committee and National Audit Office had come to much the same conclusions. “We need a commitment from all parties to approach justice differently,” he said.
The Government has failed to target legal aid to those who need it most, a Justice Committee inquiry into the impact of the civil legal aid reforms has concluded.
The final report of the cross-party committee of MPs, Impact of changes to civil legal aid under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, found that the Ministry of Justice (MoJ) had failed to achieve three out of its four stated objectives for the reforms.
Update from the Chair of the Bar
By Clement Cowley, Partner at The Penny Group
Modernising communication and collaboration at a leading Chancery set. A Zexi case study
How to build profile without compromising professional duties. By Naumaan Farooq, Co-Founder of Inked PR
Marie Law, Director of Toxicology at AlphaBiolabs, examines the role of cut-off levels, and the wider range of factors that must be considered when interpreting results for family court proceedings
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
A decade of reviews and research has disrupted accepted thinking in the search for causality. Suicides following abuse have overtaken domestic homicides. Is the law keeping up? Professor Susan Edwards KC (Hon) examines recent cases and the obstacles to successful prosecution
The case against judge-only justice – and why efficiency is not enough. By Professor Leslie Thomas KC
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice
Lauren Fullerton examines the how, what and why of setting up a second chambers base