Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps he is taking to improve access to legal aid in short notice cases.

We recognise that in certain circumstances individuals may need to access legal aid services urgently and the Government provides specific support to facilitate this.

In criminal legal aid, those who are to be interviewed under caution by the police are entitled to advice and assistance from a solicitor, which is arranged through the Defence Solicitor Call Centre on a 24/7 basis. Court duty solicitors are available to provide immediate advice to individuals on a first appearance in the magistrates’ court, except for certain minor offences such as summary motoring offences.

We have committed up to £92 million per year additional investment for criminal legal aid solicitors. As part of that, we are harmonising the fixed fee for all police station schemes at £320 excluding VAT. This is above the current highest fee paid, meaning all police station attendance fee schemes will see an uplift. In addition, we are uplifting magistrates’ court fees by 10%. This significant investment will support duty solicitors who work on short notice cases, and the sustainability of the profession.

In civil legal aid, providers can apply to the Legal Aid Agency for Emergency Legal Representation to cover emergency legal advice if individuals need urgent representation in court.

In public family proceedings, legal aid is available means-free for parents and those with parental responsibility in most public family law special Children Act 1989 cases, including for interim care orders and emergency protection orders. A light-touch merits test is applied, so that only the need for representation is considered.

An eligibility waiver is available for victims of domestic abuse applying for urgent protection. This means they can receive legal aid even if they would not otherwise pass the means test, though they may then have to pay a financial contribution towards their legal costs.

For people facing the loss of their home, in-court advice and representation is available on the day of the possession hearing via the Housing Loss Prevention Advice Service.

Individuals held in Immigration Removal Centres and immigration detainees held in prisons are provided with a 30-minute triage appointment through the Detained Duy Advice Scheme. This initial appointment supports detained individuals to make contact with a legal provider that may provide further advice (subject to merits and eligibility).

We are uplifting legal aid fees for immigration and housing work, injecting an additional £20 million per year, which will support swift access to legal aid in these areas, including for short notice cases.