Access to Justice: Wales

Ian C. Lucas Excerpts

Tuesday 15th December 2015 Westminster Hall

[Carolyn Harris]

It certainly does. I agree with my hon. Friend, and I will come on to discuss that further. When we put a price on justice, those with the means to pay sky-high legal fees will be fine, but people who are in debt, women experiencing domestic violence and parents seeking custody of their children will not be. Ten law centres have already closed in England and Wales, and many more are unable to cope. We are talking not about legal aid lawyers supposedly raking in millions of pounds in fees, but about centres, staffed by volunteers, that can no longer offer fundamental support to those who need it most. Solicitors’ firms in my constituency have told me of the obstacles facing their clients:

“The evidential requirements are stringent. There are occasionally cost implications for clients in seeking evidence to support their application for public funding which is difficult for them if they are on benefits.”

They say that

“everything the Legal Aid Agency is doing is making it harder for both clients and lawyers to get legal aid.”

The cuts have removed legal aid from nearly all family law cases and led to a sharp increase in the number of litigants in person. In the first quarter of this year, 76% of private family cases involved at least one party who was not represented. The Personal Support Unit, which has an office at Cardiff Crown court and which offers advice to litigants in person, has seen the number of people accessing its services more than double from 20,000 in 2013-14 to an estimated 50,000 this year. The idea that someone who has had their children taken away from them and who may be fighting allegations of domestic abuse is able to defend himself or herself as well as a lawyer could is ridiculous, but that is the reality of the two-nation justice system.

[Ian C. Lucas (Wrexham) (Lab)]

I am grateful to my hon. Friend for raising the important subject of litigants in person. I have spoken to court staff and judges who are deeply concerned about the impossible position that they are placed in when they have to make a decision on cases involving, but at the same time end up giving advice to, litigants in person who are desperately unable to cope with the complexities of the legal system in which they have to operate.

[Carolyn Harris]

My hon. Friend refers to the reality that the two-nation justice system has created. Cuts to legal aid are having a significant impact on advice services for those experiencing housing, debt and welfare problems. A report commissioned by the Welsh Government shortly after the first changes were introduced found that cuts had “severely affected advice services” and resulted in

“specialist welfare benefits advice being significantly reduced by Legal Aid funding.”

The Welsh Government have done what they can to mitigate those cuts, investing an extra £1 million a year to support front-line advice services, in addition to the top-up of £2.2 million a year to Citizens Advice Cymru to help it to provide a specialist advice service for those who need it. The reality is that thousands of people in need of support will still lose out because of the Ministry of Justice cuts. In Wales, the number of free, face-to-face welfare law advice sessions provided by the not-for-profit sector is estimated to have fallen from nearly 20,000 to barely 3,000 in just one year.

Last month, in the Chancellor’s autumn statement, the Government snuck in an increase in the small claims court limit, which means that the majority of people injured in road accidents, regardless of how severely they were injured, will lose their access to legal representation. Whether for people injured in accidents, families facing debt proceedings or those of limited means who want legal advice before a court hearing, the Government’s changes have had a profound effect on access to justice in Wales.

Few people are more in need of support than women who are experiencing domestic abuse. I am talking about women who have suffered years and years of physical and sexual violence, who turn to the family court to seek help for themselves and their children. Women who may need legal aid to divorce an abusive partner, or even to apply for a child arrangements order to protect their child from an abuser, now have to convince the Government that they have been abused before they can get any help. Worse, the narrow set of criteria proposed by the Government means that many women are unable to prove that they have been abused.

Charities such as Women’s Aid expressed serious concerns about the evidence criteria before the law was changed. Women’s Aid now says that 54% of women who access services as survivors of domestic violence would not meet the evidence criteria initially proposed. The cuts were railroaded through, however, and in one year the same charities found that 43% of women who had experienced domestic violence did not have the prescribed forms of evidence required to access family law legal aid. The Government have let those women down and, more importantly, let their children down.

In the light of that, it came as no surprise when the Justice Committee concluded last year that the reforms had failed three of the Government’s four tests. The reforms have not discouraged unnecessary litigation or targeted help at those who need it the most. On the Government’s claim that the changes were necessary to cut costs, the Committee said that the Ministry of Justice

“has failed to prove that it has delivered better overall value for money for the taxpayer because it has no idea at all of the knock-on costs of the legal aid changes to the public purse”.

The changes have not delivered value for money. Instead, they have forced vulnerable people to represent themselves in court and taken vital support away from abuse survivors.

The Government are charging ahead with changes to criminal legal aid, and we will face the same problems. From next year, the number of contracts issued to solicitors’ firms for criminal legal aid will fall from 1,600 to just over 500. Solicitors’ firms in parts of Wales, especially in rural areas, have warned that there simply will not be enough firms left to do all the work.