Legal Aid Reform

Lyn Brown Excerpts

Thursday 27th June 2013 Commons Chamber

[Lyn Brown (West Ham) (Lab)]

Rightly, a lot of attention has been given to the changes to legal aid for criminal law and the removal of choice of solicitor, and those are serious matters, but I will focus on the cuts to legal aid for judicial review. I do not speak as a legal expert—I am not a solicitor or a barrister—but I will illustrate how judicial review has worked in the past and how the proposed changes will militate against good outcomes.

A 12-year-old boy was excluded from school and his local authority placed him in the pupil referral unit. After a couple of days he stopped going, because the PRU was in an area where a different gang was based and he was scared. For two years, the boy received no education: the local authority occasionally organised meetings with the family and occasionally threatened to take his mother to court. Understandably, she wanted her son to be educated, but she understood his fears.

A local charity recommended a solicitor, who made repeated attempts to resolve the problem with the local authority. They were ignored. Eventually, the mother issued judicial review proceedings. They were ignored. An order was made for the matter to be expedited, with a date for the authority to set out what it steps it was taking to provide the boy with an education. That order finally galvanised the authority into action to avoid judicial review. A package was worked out, with good will, between the council, the PRU and the local college—a right and welcome outcome. Under the Government’s proposals, the case would not have received legal aid, as it was settled before the permission stage.

There are other cases that illustrate my worries about the future, such as the woman receiving treatment for cancer who was evicted because the landlord wanted to sell the property unoccupied. She would no longer be able to challenge the council’s decision not to provide her with emergency accommodation. A 16-year-old girl fleeing the physical abuse of her alcoholic mother and stepfather was living on the streets until the threat of judicial review convinced the council to find her accommodation. Shelter, which represented the girl, would not have been paid for the case because the local authority acted after it was threatened but before the case got to court.

What do those case studies tell us? They tell us that under the new regime, lawyers are unlikely to take on a case where there is a likelihood that it will be settled before permission stage, as they will not be paid. Perversely, the strongest cases will not be funded and taken up. People on low incomes will have much less chance of getting access to judicial review and to justice. We are told that cases such as the ones I have described are less likely to have a good outcome. The young man whose case I described is now enjoying learning and, hopefully, he will grow up to have a decent job and contribute positively to society. Imagine what might have happened if that intervention had not occurred early enough.

[Nia Griffith (Llanelli) (Lab)]

Does my hon. Friend agree that when changes are so far reaching, there really ought to be some sort of pilot scheme and evaluation before anyone takes any steps any further to try to implement any changes of this nature?

[Lyn Brown]

I absolutely agree. In the examples I gave, if the outcomes that were, in effect, negotiated before the cases got to court had not been achieved, the costs of the alternatives in terms of alienation, unemployment, ill-health, petty crime and worse, replicated across the country, would far outweigh the £1 million that I understand the change is designed to save. How much more would it cost us to keep that young man in the criminal justice system and to replicate that across the country?

[David Mowat (Warrington South) (Con)]

Will the hon. Lady give way?

[Lyn Brown]

No, I will not.

Even if we were to save £1 million, would that be worth the cost of losing the ability to change the lives of people like those in my examples? People must be able to hold power to account, and I fear that the proposals are a serious attack on the right of the most vulnerable in our society to do just that.

[Several hon. Members]

rose—