Legal aid

Mike Weatherley Excerpts

Tuesday 14th December 2010 Westminster Hall

[Ms Buck]

As I said, the previous Labour Government had already made cuts to the legal aid budget, which were highly controversial. Many hon. Members who are in this Chamber made fierce representations on that point. I have already said that there were areas, particularly very high-cost criminal cases, in which the Government intended to go further. Ministers were also examining ways in which the civil and social welfare budget could be protected within the global legal aid budget, because it was understood that in many cases, savings in that area would lead to a false economy. Therefore I will not be drawn into an argument about equivalence of cuts and into coming out with every figure, because I dispute the basis of what the hon. Lady has said.

One of my greatest concerns is about the proposed cuts in relation to education. The Government’s intention is to take education out of the scope of legal aid. Given the often unfulfilled statutory duty on local authorities to ensure that young people receive an education, that is bound to hit the most vulnerable the hardest.

I am indebted to Just for Kids Law, a specialist organisation in my constituency, for the information that it has provided and for its assistance with a number of cases that I have referred to it. Last year, Just for Kids Law took 34 cases, with two thirds having a satisfactory outcome. These are cases of children without a school place and cases in which there are serious disputes in relation to children who have or who require statements of special educational needs. Given that the latest figures for my borough show that we have 364 children without a school place at this point in the school year, the need for representation for parents is extremely clear.

I shall give a couple of examples of cases, from Just for Kids Law’s caseload, which would receive no representation in future.

“E…is a highly gifted boy who is on the autistic spectrum. His father was offered a job in New Zealand so the family emigrated and E…started Year 7 there. Regrettably there was no special educational needs provision for him and he was so severely bullied that, by August, his parents had withdrawn him from school and made arrangements for the family to return to the UK. They had kept in regular contact with their local authority, however, when they returned in January 2009, there was no place available...After six weeks at home with his mother he was provided with a Personal Tutor for two hours per week. His behaviour was rapidly deteriorating and he started self harming. He told JfK Law he…wanted to go to school like everyone else and didn’t want to end up”—

in a dead-end job. Just For Kids Law made representations to the local authority and, when that was unsuccessful, issued urgent judicial review proceedings. After two mediation meetings with the local authority lawyers, he was eventually offered a place at a specialist autistic centre that integrates into a mainstream school. Without representation at every stage, it is likely that that child would have ended up with no school place and no provision, with catastrophic consequences for him.

The second example states:

“R…was permanently excluded from school in 2006. He has special educational needs and had been receiving specialised support”

for his behavioural problems, which had been successfully managed in reception and year 1, but in year 2 his behaviour worsened. Instead of referring him for an assessment for a statement of special educational needs or asking for the local authority’s advice the school permanently excluded him. His mother felt that was because her relationship with the head teacher had broken down. Just For Kids Law advised the mother at the governing body appeal, which she lost.

“JfK Law then appealed to the Independent Appeals Panel…and made representations that it was not lawful to exclude a child because of the breakdown in relationship between a Head Teacher and the mother, the school should have dealt with the problem by way of a “managed move” to another school that could meet his needs….The IAP agreed with JfK Law’s representations”

and overturned the permanent exclusion, which is no longer on the child’s record. That is a case about a very vulnerable family.

We have referred to housing and homelessness. The Government intend to retain provision in cases of people at risk of imminent homelessness, but, perversely, they are taking debt and other areas of financial advice out of scope. Those issues are almost always the preliminary problems that lead to homelessness.

[Mike Weatherley (Hove) (Con)]

Brighton and Hove is expecting a reduction of 80% in legal aid cases—down to only 280 cases per year. Although we all agree that we should make some cuts, does the hon. Lady agree that we need to monitor that level of reduction carefully?