Number of civil legal aid cases has fallen dramatically, says Legal Action Group
The number of civil legal aid cases was far lower in the first quarter of 2013/14 than official forecasts predicted, the Legal Action Group has claimed.
Using figures obtained from the Legal Aid Agency, the LAG calculated that – for April, May and June this year – there were shortfalls against the estimated number of cases of 34% in housing, 68% in debt and 77% in discrimination.
The group also reported that there was a total of 52% fewer cases than the Government had predicted for Legal Help cases in debt, housing, education and discrimination law.
The falls follow the introduction of reforms to civil legal aid in April, with the coming into force of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012.
The LAG claimed that a number of factors were behind the figures:
- The Government’s failure properly to advertise the availability of civil legal aid;
- A dwindling numbers of firms and agencies undertaking legal aid; and
- Increased bureaucratic hurdles before legal aid is granted.
In a policy paper, Civil legal aid – the secret legal service?, the LAG argued that there was nevertheless evidence of an increase in demand for advice in areas of social welfare law such as debt and housing.
The group also highlighted the low take-up of the exceptional cases provisions contained in the LASPO Act, claiming that “only a handful” of cases had been supported under these regulations. This is despite the Legal Aid Agency estimating that there would be 5-7,000 such cases a year.
The LAG said: “We fear that by either accident or design, the Government seems to be presiding over a secret legal service. The fear is that if nothing is done to increase the take up of civil legal aid, the remaining services will wither away as lack of use will be used to justify their loss.
“We are calling on the Government to better inform the public about the availability of civil legal aid through the internet and other channels. We also believe that the Government should urgently review the exceptional cases rules as these are not working.”
The policy paper meanwhile quoted housing solicitor Russell Conway as believing that news coverage about cuts in legal aid had led members of the public to believe that civil legal aid was no longer available.
He added that “some local authorities and social landlords have been peddling the rumour that legal aid for housing cases has been completely abolished. Some of my clients have been pleasantly surprised when I have told them they can still get legal aid for their case.”