An article in the New Statesman by Law Society President, Linda Lee.
In the article, Linda Lee argues that the new bill will:
- Lead to more crime, according to the government’s own Impact Assessment
- Cost taxpayers more than it saves in knock-on effects for society
- Block access to justice for all
The Law Society is running a series of free roadshows to update practitioners on the government’s Green Paper proposals for civil legal aid:
- Cardiff – 17 January
- London – 26 January
- Brighton – 3 February
- Manchester – 19 January
- Newcastle – 27 January
- Wakefield – 8 February
- Nottingham – 24 January
- Plymouth – 1 February
- Cambridge – 9 February
- Birmingham – 25 January
- Bristol – 2 February
Places are likely to be limited so book early at:
http://services.lawsociety.org.uk/events/
Get involved with the Law Society’s campaign at: www.lawsociety.org.uk/defendinglegalaid
A campaigner briefing pack is available to advise you on how to brief your MP and get coverage in your local press
The government’s well-publicised plan for cuts to the Legal Aid budget which are in consultation until February could be scuppered by a pledge from the EU to set mandatory levels of civil and criminal legal aid for member states from 2013.
In a speech to the Council of Bars and Law Societies of Europe, Commissioner for Justice Viviane Reding said that access to justice was a “fundamental right” and in line with article 47 of the Charter of Fundamental Rights and as such, governments must make legal aid funding available to litigants and defendants in civil and criminal case who otherwise could not afford representation.
The Law Society’s head of Legal Aid Policy Richard Miller said of the move:
‘The UK government’s proposed cuts to legal aid will put us out of step with the rest of Europe, which is embarking on a programme of broadening access to publicly funded representation, not shrinking it. There is a real danger that the proposed cuts will make us dip below the minimum standards imposed by the EU. We will have to make a humiliating U-turn and drag ourselves back up to an acceptable level.
The Legal Services Commission has announced that it will not lodge an appeal against the Law Society’s successful Judicial Review challenging their family tender process. The Commission stated that an appeal would only prolong uncertainty over the future of the family contracts, causing difficulties for clients and providers.
The commission has said that it is consulting with representative bodies and the MoJ on the future of the tendering process and is considering the future extension of the unified contract, which currently runs until midnight on 14 December 2010 as well as the harmonisation of family fees and the allocation of new matter starts.
Bill Callaghan, the LSC chair said:
‘Our priority must always be to ensure that family legal aid clients get the help and legal advice they need. We still have some work to do but we hope that this constructive engagement with the profession will help to provide certainty for clients and providers.’
In response, Linda Lee, Law Society president said:
‘We are pleased that the LSC has expressed an eagerness to engage with the Law Society and the solicitors’ profession on this matter, and we hope it will now recognise that the Society and its members’ insight and experience can make a valuable contribution to the reshaping of legal aid and legal service provision.’
The LSC has been dealt a body blow arising out of the Judicial Review brought by the Law Society in relation to their tender process for the new family contract, which had been due to come into force on 14 October, but has since been dropped back to 15 November. This is what the Law Society says:
The Law Society has secured a victory for families across England and Wales after the High Court decided to quash the outcome of the tender round for new family legal aid contracts.
The High Court today declared that the Legal Services Commission’s (LSC) family legal aid tender round was unlawful and severely hindered access to justice for vulnerable children and their parents.
The decision follows a three day hearing of the Society’s application for judicial review at the Divisional Court.
Law Society president Linda Lee said today’s win is a victory for the thousands of families who would have been left without access to legal assistance when faced with state intervention in their family or the consequences of the breakdown of a relationship.
‘The failure of the LSC to anticipate, let alone manage, the outcome of the process was the latest and perhaps most alarming of the LSC’s apparently haphazard attempts to reshape legal aid. We are extremely disappointed to have been left with no choice but to take legal action against the LSC, which refused to acknowledge the detrimental effect that this outcome would have on families.
‘The LSC’s actions would have seen the number of offices where the public could get subsidised help with family cases drastically cut from 2,400 to 1,300. That would have translated into thousands of people facing grave difficulty in obtaining justice – ordinary people who are already facing extraordinary difficulties. Legal aid clients are some of the most vulnerable in society and access to legal representation where required is their only hope of achieving justice.
‘The Law Society has always maintained that this wholly unplanned major restructuring of the legal aid market would cause immense uncertainly and instability for many of the poorest and most vulnerable. It is regrettable that the LSC didn’t stop to consider the consequences of its actions, before pushing ahead and cutting vital services that clients need and that a civilised society expects to be provided.
‘We hope that whatever steps the LSC now takes will see legal aid contracts properly distributed across England and Wales to ensure all families in need have access to justice. I thank the Divisional Court for deliberating speedily on this important judicial review application.’
