Future of Legal Aid

Neil Coyle Excerpts

Thursday 1st November 2018 Westminster Hall

[Ellie Reeves (Lewisham West and Penge) (Lab)]

It is a pleasure to speak in this debate, Mr Bailey. I thank my hon. Friend the Member for Hammersmith (Andy Slaughter) for securing this important debate today, particularly during Justice Week.

A recent survey commissioned by the Law Society, Bar Council and Chartered Institute of Legal Executives showed that 78% of people agree that justice is as important as health or education, yet only 20% of the 2,000 respondents thought there was sufficient funding for those who need legal advice. Since the implementation of LASPO under the coalition Government, the reduction in legal aid has caused a crisis of access to justice. Our justice system is fast becoming a two-tier system where the dividing line is determined by who can, and more often cannot, afford legal advice. Access to justice and the rule of law, which underpin so many things within society, are slowly ebbing away for many across the country.

LASPO removed many areas of law from the remit of civil legal aid, including in the sphere of housing, welfare, debt, employment, immigration, family law and clinical negligence. The Bar Council was absolutely damning in its recent assessment of LASPO: in a survey of members, 91% of respondents reported that the number of individuals struggling to get access to legal advice and representation had increased or risen significantly; the same number of respondents also reported a significant increase in the number of litigants in person in family cases. Most worryingly, however, 25% of respondents had stopped doing civil legal aid work, and 48% of barristers surveyed did less legal aid work than before. We know about legal aid deserts popping up across the country. Almost one third of the legal aid areas in England and Wales have one local legal aid housing advice provider, or none. LASPO has shunned those who most need help.

The ideologically driven cuts to budgets have had a profound impact on legal aid, but analysis has shown that the cuts to early advice in particular, as well as being a sign of poor decision making, cost the state more. When there is early advice, problems are resolved much more quickly, with 25% of cases resolved within three to four months, compared with nine months when there is no early advice.

[Neil Coyle (Bermondsey and Old Southwark) (Lab)]

One area in which LASPO has perversely driven up costs is immigration. LASPO exempted certain immigration cases. Home Office error affects about 50,000 British-born children of parents who are legally in the UK and who have no recourse to public funds. A third are likely to have their decisions overturned. They are wholly reliant on council funding and children’s services. The cost vastly exceeds the cost of providing housing benefit or child benefit. It can take years to overturn decisions, as I have seen in my casework and surgeries.

[Ellie Reeves]

My hon. Friend’s constituency is not a million miles from mine and I completely relate to the points he raised about the cases people bring to surgery. I have lost count of the number of food vouchers that I have given to families in exactly the situation he describes—trapped in the immigration system without being able to get access to any kind of legal aid to resolve their problems.

For many years before entering this place I was an employment rights lawyer representing trade union members, and I regularly had to advise clients on their prospects of success in employment tribunal cases. In my experience, if I advised someone at the outset that their case had very little merit, they would rarely pursue it further; as a result, the tribunal did not get clogged up with unmeritorious claims, and judges did not need to spend time dealing with litigants in person. Conversely, if a claim did have prospects, often the early involvement of a lawyer providing objective advice meant that the claim would be resolved far earlier in the process, and often there was no need to resort to costly litigation. That brings home the fact that cutting early legal advice costs the justice system more, because of the number of cases that go forward and the time taken to deal with litigants in person in court.

By restoring early legal advice in the spheres of housing, immigration and welfare, not only would expensive legal proceedings often be avoided, but there would be less strain elsewhere in the system, on such things as housing and welfare costs. For example, it falls to the local authority to house someone who was evicted because of welfare benefit issues, and that often costs a great deal more than legal advice would have. The cost to the NHS when someone lives in a house in total disrepair is likely to be far greater than the cost of early legal advice to resolve the housing issue. As others have said, the extent to which the legal aid budget was cut is a false economy.

It is not only civil law that has suffered under this Government. The criminal justice system has been hit by cuts too, as others have mentioned. Earlier this year, barristers across the country went on strike. They are not a group known for taking industrial action, but they did so following the introduction of a new fees system, which meant that many barristers had to work unpaid while analysing evidence and preparing for trial. As I said, 78% of people agree that justice is as important as health. In the recent book “The Secret Barrister”—I recommend it to anyone who has not already read it—the author sums up the current state of the system:

“In every crumbling, decaying magistrates’ Court and leaking Crown Court, we see every day the law’s equivalent of untreated, neglected patients on hospital trolleys. And every day it is met with a wall of silence.”

The issues affecting the criminal justice system are not down to legal aid alone, but properly financing legal aid would be a good place to start to resolve them. If people are to come into direct contact with the justice system, both they and the public must have confidence that it will deliver justice. Access to justice and the rule of law underpin our society. Yet successive Tory Governments have cut the Ministry of Justice budget by 40%. The idea of access to justice for the many has been eviscerated in just eight years. The Tories have positioned themselves as the party of law, order and justice, but the millions-worth of cuts forced on the Ministry of Justice since 2010 underline how out of touch the Government have become on justice matters.

Legal aid should provide the public with a means to pursue justice regardless of their wealth, yet many are now left to fend for themselves, often facing huge inequality of arms and feeling deep mistrust as to whether the system will be able to deliver for them. Contrary to what the Prime Minister continues to tell us, austerity is by no means over for those seeking justice.