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Injustice clustered: a stacked system

18 February 2021 / Jon Robins
Issue: 7921 / Categories: Features , Legal aid focus
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The ‘single-issue’ approach of the legal system ensures it is stacked against the disadvantaged, says Jon Robins

Social welfare lawyers will recognise the scenario. The flustered client who arrives with their shopping bag stuffed full of unopened correspondence. Each bill reveals one more unresolved issue. Problems rarely arise singularly but, like buses, they tend to come all at once and when they do, they are overwhelming.

Legal policy wonks have a name for the phenomenon: ‘problem clusters’. Someone loses their job, they can’t afford to pay their rent or mortgage, they have problems claiming welfare benefits, etc. It has been the subject of debate in the legal aid world, and some controversial policy initiatives, since the influential 2004 study Causes of Action: Civil Law and Social Justice.

Yet lawyers, the courts and much of the administrative bureaucracy surrounding public bodies, operate on a ‘single-issue’ basis. It is that complexity, and the indifference of our legal system to it, that is the subject of a fascinating and thoughtful book by Luke

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NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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