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What’s legal aid?

Legal aid is the assistance given to people who are unable to afford legal representation and access to the court system. It’s essential in helping to provide equal access to justice to all – something that is crucial to ensure everyone has the right to a fair trial.

Legal aid can help to pay for some or all of your legal costs.  You’ll be entitled to legal aid if you’re on a low income and your problem is serious, for example, if you’re at risk of losing your home, or if you/your family is at risk of abuse or serious harm.

Without legal aid, those who can’t afford legal advice/representation would be at a serious disadvantage compared to those who can afford it. Research has found that those who don’t receive early legal advice are 20% less likely to resolve their issues – showing the significant impact that legal aid can have on those who are unable to afford legal advice.

Wondering what it’s like to work in legal aid? Check out this LCN Says.

What happened to civil legal aid in 2013?

In April 2013, the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) was introduced. LASPO made funding cuts to legal aid and implemented changes to the legal aid eligibility rules, leaving fewer people eligible to access legal aid. These cuts meant that even victims with very low incomes and in receipt of benefits would have to make contributions towards their legal aid – something which they’d unlikely be able to afford, meaning they could be forced to remain at risk and without legal advice. The government intended to continue to provide legal aid funding for domestic violence, to protect victims of domestic abuse. However, the National Centre of Domestic Violence found that one in five callers of its helpline who were eligible to apply for domestic violence injunctions were unable to proceed with their applications as they couldn’t afford the contributions towards their legal aid. This real-life example demonstrates the negative and harmful implications that these cuts have had on individuals post-LASPO.

What are the concerns with LASPO?

In 2017 the Law Society conducted a review of the legal aid changes introduced under LASPO and concluded that:

• legal aid is no longer available for many of those who need it;
• those eligible for legal aid find it hard to access it;
• there are wide gaps in the provision that aren’t being addressed; and
• LASPO has had a wider and more detrimental impact on the state and society.

These findings highlight that LASPO has had adverse consequences on individuals who cannot afford legal advice on their own, which has a negative impact on their access to justice. The government appears to have introduced LASPO to reduce public spending and costs and, despite criticism, is reluctant to increase legal aid as this would increase public spending – something it wants to avoid.

Reforms?

In its 2017 review, the Law Society made various recommendations to the government, mainly focusing on the following areas:

• Increasing children’s access to legal aid.
• Reintroducing legal aid for early advice.
• Improving exceptional case funding and the legal aid means test.

Following previous research that highlighted the negative impacts of a lack of early legal advice, these recommendations are likely to have a positive effect by providing legal aid to those who need it most. In turn, this means that their legal battle isn’t prolonged and their legal costs don’t increase.

The Justice Committee also commented that legal aid needs urgent reforms to secure fairness. In 2021 it created a report to highlight the issues of the current civil legal aid system and how the government must reform the law. The Justice Committee had similar reform recommendations to the Law Society, with the main aim being to have greater flexibility to legal aid funding so that providers can be given the financial support to help the most vulnerable. It stated that the current legal aid means tests creates a barrier to justice, and the government should simplify the eligibility criteria. It also stressed the importance of early legal advice, and how this would help make the courts operate more effectively. The committee calls for fundamental changes to the civil legal aid system as civil legal aid providers face major challenges in sustaining themselves under the current system.

Evidently, reform is needed as the current civil legal aid system is unsatisfactory. Post-LASPO, low-income and vulnerable individuals are finding it increasingly difficult to access legal aid and have found themselves in positions where they must contribute to their legal aid, which they cannot afford. Nor do they have access to legal advice, which has adverse consequences on their access to justice and right to a fair trial. Not only is the current system detrimental to individuals, but also to legal aid providers that have faced cuts but are still expected to provide legal advice and representation. It appears that the only institution LASPO has benefitted is the government, which has been able to cut down on costs and spending.

Despite various calls for reform, the government are yet to make any changes.