Report criticises “inherent and systematic failings” of exceptional case funding scheme
The justice system is “increasingly closed to the poorest, most vulnerable and most in need of its protection”, according to a devastating Amnesty International report into the impact of legal aid cuts.
The controversial Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), which came into force in April 2013, made swingeing cuts to civil legal aid, knocking whole areas out of scope. In its report, published this week, Amnesty urges the government to immediately review the impact of LASPO and to ensure better provision of public legal education to ensure people can claim their rights.
Amnesty shows that the cuts have led to a loss in early specialist legal advice and gaps in provision of free legal assistance across the country. It asserts that exceptional case funding does not guarantee legal aid availability to the most vulnerable because of “inherent and systemic failings” in the scheme.
LASPO has removed organisations’ ability to provide holistic advice, even though clients often experience legal problems in clusters. They may, for example, be able to provide advice on housing but not on the underlying problems of debt or welfare benefits.
Amnesty’s report recommends extending legal aid to children and vulnerable young people, regardless of the legal issue at stake. It says children and families without “sufficient means” should be able to obtain free help in any case “where a child’s best interests are engaged”.
It calls for legal aid provision to be restored to private family cases, welfare advice and immigration cases raising human rights concerns. Other recommendations include abandoning plans for a residence test, overhauling the exceptional case funding scheme and extending legal aid to family reunification cases.
A Ministry of Justice spokesperson said: “We have a generous legal aid system—last year spending more than £1.5bn on legal aid. We must ensure legal aid is sustainable and fair—both for those who need it and the taxpayer who pays for it. That is why we have made sure support remains available to the most vulnerable and in the most serious cases, and are taking action to ensure people can access the help they need.”
