The Future of Legal Aid

Justice Committee Closed Inquiry
Opened: 7 Sep 2020 Closed: 14 Sep 2023 Parliament page
This inquiry is looking at the major challenges facing legal aid clients and providers and how they might be tackled. The legal aid system in England and Wales was fundamentally changed by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LAPSO). Since then, there have been several legislative … Read more
18 Recommendations
25 Conclusions
1 Report
20 Letters
4 Events
Activity timeline 26 events
21 Feb
2023
Correspondence
21 Feb
2023
Correspondence
7 Feb
2023
Correspondence
25 Jan
2023
Correspondence
17 Jan
2023
Formal meeting (oral evidence session) · Room 15, Palace of Westminster
6 Dec
2022
Correspondence
15 Nov
2022
Formal meeting (oral evidence session) · The Thatcher Room, Portcullis House
8 Sep
2022
Correspondence
25 May
2022
Correspondence
27 Apr
2022
Formal meeting (oral evidence session) · Room 15, Palace of Westminster
15 Mar
2022
Correspondence
18 Jan
2022
Formal meeting (oral evidence session) · Room 15, Palace of Westminster
Title HC No. Published Items Response
3rd Report - The Future of Legal Aid HC 70 27 Jul 2021 43 Responded
Recommendations & Conclusions
43 results
1 Conclusion
3rd Report - The Future of Legal A…
Reform of criminal legal aid must prioritise a whole justice system approach, to ensure that...
Reform of criminal legal aid must prioritise a whole justice system approach, to ensure that there are incentives for everyone to work towards the fair and timely resolution of criminal cases.
Government Response
2021. Alongside this, we have developed the Criminal Justice Action Plan with partners from across the CJS to drive system recovery as we rebuild and restore from the impact of … Read more
Ministry of Justice
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2 Conclusion
3rd Report - The Future of Legal A…
The changes made as part of the Criminal Legal Aid Review are positive and show...
The changes made as part of the Criminal Legal Aid Review are positive and show that the Government recognises the need to make improvements to the criminal legal aid framework. It is particularly welcome that the Government has acted on … Read more
Government Response
We agree that the sustainability of the legal profession is fundamental to a well-functioning justice system. Sir Christopher Bellamy QC is considering the resilience of the criminal legal aid market … Read more
Ministry of Justice
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3 Conclusion
3rd Report - The Future of Legal A…
Without significant reform there is a real chance that there will be a shortage of...
Without significant reform there is a real chance that there will be a shortage of qualified criminal legal aid lawyers to fulfil the crucial role of defending suspects and defendants. This risks a shift in the balance between prosecution and … Read more
Government Response
as part of his Independent Review into Criminal Legal Aid, including market composition and the provider pipeline. We will address this issue in our response to his review and have … Read more
Ministry of Justice
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4 Recommendation
3rd Report - The Future of Legal A…
There appears to be a growing imbalance between the ability of criminal defence firms to...
There appears to be a growing imbalance between the ability of criminal defence firms to recruit and retain staff and that of the Crown Prosecution Service. It is fundamental to our adversarial justice system that criminal defence services have sufficient … Read more
Ministry of Justice
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5 Conclusion
3rd Report - The Future of Legal A…
The lack of any increase to criminal legal aid fees for solicitors over the past...
The lack of any increase to criminal legal aid fees for solicitors over the past 20 years needs to be addressed. Sir Christopher Bellamy’s current review, commissioned by the Government, gives an opportunity to do this. Thereafter, fees and rates … Read more
Government Response
In September 2020, we injected up to £51m per annum into the criminal legal aid system, through payments for reviewing unused material and sending cases to the Crown Court. From … Read more
Ministry of Justice
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6 Recommendation
3rd Report - The Future of Legal A…
The criminal justice system will be stronger if able and experienced advocates at the criminal...
The criminal justice system will be stronger if able and experienced advocates at the criminal bar are able to do publicly funded legal aid work. The gap between private and public rates has grown substantially in the past decade, and … Read more
Ministry of Justice
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7 Conclusion
3rd Report - The Future of Legal A…
There are serious problems with the current fee schemes for criminal legal aid.
There are serious problems with the current fee schemes for criminal legal aid. The fees and rates do not reflect the work required. The schemes should be reformed to ensure that they offer a fair rate for the work required … Read more
Government Response
In September 2020, we injected up to £51m per annum into the criminal legal aid system, through payments for reviewing unused material and sending cases to the Crown Court. From … Read more
Ministry of Justice
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8 Conclusion
3rd Report - The Future of Legal A…
The justice system needs talented lawyers from all backgrounds to choose to practise criminal law...
The justice system needs talented lawyers from all backgrounds to choose to practise criminal law and for the professions to be able to retain them. In 2018, The Future of Legal Aid 67 our predecessor Committee stated “that current difficulties … Read more
Government Response
as part of his Independent Review, including provider diversity and what the barriers to entry, retention and career advancement within the Criminal Legal Aid profession are for individuals with protected … Read more
Ministry of Justice
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9 Recommendation
3rd Report - The Future of Legal A…
The predominance of inadequate fixed fees in the current framework is problematic.
The predominance of inadequate fixed fees in the current framework is problematic. The structure of the fees does not reflect the complexity of the work required, nor does it incentivise firms to take on the most difficult cases at an … Read more
Ministry of Justice
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10 Conclusion
3rd Report - The Future of Legal A…
The Committee’s inquiry on court capacity has focused on the Crown Court where the delays...
The Committee’s inquiry on court capacity has focused on the Crown Court where the delays are the most acute. In that context, it is imperative that the criminal legal aid system should be structured to facilitate resolution of cases at … Read more
Government Response
The Criminal Legal Aid Independent Review is considering whether the structure of the Criminal Legal Aid System incentivises or enables modern and proportionate methods of service delivery. The review will … Read more
Ministry of Justice
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11 Recommendation
3rd Report - The Future of Legal A…
The criminal legal aid system should be restructured so that it enables legal aid lawyers...
The criminal legal aid system should be restructured so that it enables legal aid lawyers to provide effective representation at every stage of the process, works for complex cases and sustains providers in all areas of England and Wales. The … Read more
Ministry of Justice
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12 Conclusion
3rd Report - The Future of Legal A…
The current criminal legal aid system does not provide enough incentives for legal representatives to...
The current criminal legal aid system does not provide enough incentives for legal representatives to take early action to progress cases through the system as quickly as possible. The legal aid fee structure should incentivise early engagement between defence lawyers … Read more
Government Response
Sir Christopher Bellamy QC is considering whether changes to when and how advice is provided could increase efficiency including whether the structure of the Criminal Legal Aid System incentivises or … Read more
Ministry of Justice
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13 Conclusion
3rd Report - The Future of Legal A…
The Government needs to ensure that the legal aid framework is able to respond and...
The Government needs to ensure that the legal aid framework is able to respond and adapt to changes in volume and practice over time in the criminal justice system.
Government Response
Sir Christopher Bellamy QC is considering the resilience of the criminal legal aid market as part of his Independent Review into Criminal Legal Aid, including whether a mechanism to review … Read more
Ministry of Justice
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14 Conclusion
3rd Report - The Future of Legal A…
Our 2019–21 Report on the effect of Covid-19 on the legal professions discussed measures taken...
Our 2019–21 Report on the effect of Covid-19 on the legal professions discussed measures taken to provide additional income during the early stages of the 68 The Future of Legal Aid pandemic. The impact of Covid-19 means, however, that the … Read more
Government Response
Government has committed to responding to Sir Christopher’s review by the end of 2021. As set out above, the accelerated measures brought significant new funding to criminal legal aid, including … Read more
Ministry of Justice
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15 Recommendation
3rd Report - The Future of Legal A…
The Government should evaluate whether the money saved by the means test is justified when...
The Government should evaluate whether the money saved by the means test is justified when weighed against its impact on the fairness of criminal justice system. If the means tests for the magistrates’ court and the Crown Court are to … Read more
Ministry of Justice
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16 Conclusion
3rd Report - The Future of Legal A…
The Government’s response to our report on private prosecutions concluded that the rules should be...
The Government’s response to our report on private prosecutions concluded that the rules should be changed to level down what private prosecutors can recover from central funds. Our view is that this is the wrong approach. The right approach would … Read more
Government Response
As part of the Means Test Review, we are considering the income thresholds for legal representation at the Crown Court, and the associated issue of the costs that acquitted defendants … Read more
Ministry of Justice
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17 Recommendation
3rd Report - The Future of Legal A…
We recommend that the Government implement the recommendations of the Taylor Review of Youth Justice:...
We recommend that the Government implement the recommendations of the Taylor Review of Youth Justice: to review the fee structure of cases heard in the youth courts in order to raise their status and improve the quality of legal representation … Read more
Ministry of Justice
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18 Recommendation
3rd Report - The Future of Legal A…
The Government should consider how technology can be used to increase the accessibility of legal...
The Government should consider how technology can be used to increase the accessibility of legal advice to suspects and defendants. The Government should also consider developing a scheme to enable criminal legal aid providers to upgrade their digital capacity. Read more
Ministry of Justice
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19 Conclusion
3rd Report - The Future of Legal A…
Successive governments have prioritised efficiency and costs over the quality of the criminal justice system.
Successive governments have prioritised efficiency and costs over the quality of the criminal justice system. The Committee’s inquiry into Court Capacity has highlighted the difficult situation facing the courts at the start of the pandemic. Unless there is significant change … Read more
Government Response
As outlined above, Sir Christopher Bellamy QC is considering the resilience of the criminal legal aid market as part of his Independent Review into Criminal Legal Aid, including profitability (and … Read more
Ministry of Justice
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20 Conclusion
3rd Report - The Future of Legal A…
It is frustrating, and yet unsurprising, that many of the concerns raised over the operation...
It is frustrating, and yet unsurprising, that many of the concerns raised over the operation of the civil legal aid system by our predecessor Committee in 2015, and by Government’s post-implementation review in 2019, have been highlighted in evidence to … Read more
Government Response
We recognise that several of the issues highlighted in the evidence provided during the inquiry are similar to those previously raised by the Committee or during the Post- Implementation Review … Read more
Ministry of Justice
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21 Recommendation
3rd Report - The Future of Legal A…
The Government should take a whole justice system approach to the reform of the civil...
The Government should take a whole justice system approach to the reform of the civil legal aid framework. The provision of early advice can help to make the courts The Future of Legal Aid 69 work more effectively.
Ministry of Justice
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22 Recommendation
3rd Report - The Future of Legal A…
The Government should consider whether the model of the possession duty scheme should be used...
The Government should consider whether the model of the possession duty scheme should be used in other areas of the civil justice system where there are significant numbers of litigants in person. Non-means tested advice at court on the day … Read more
Ministry of Justice
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23 Conclusion
3rd Report - The Future of Legal A…
The Committee welcomes the introduction of the Family Mediation Voucher Scheme.
The Committee welcomes the introduction of the Family Mediation Voucher Scheme. It is a positive step and recognises that more needs to be done to help separating parents. We believe that if early legal advice was available alongside mediation, this … Read more
Government Response
Since the launch of the Family Mediation Scheme on 26 March 2021, the Family Mediation Council on behalf of the Ministry of Justice has tracked weekly up take of the … Read more
Ministry of Justice
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24 Conclusion
3rd Report - The Future of Legal A…
We suggest that the civil legal aid system needs an updated version of the Green...
We suggest that the civil legal aid system needs an updated version of the Green Form scheme, which was introduced in 1973, that would allow individuals to understand their rights and be directed to the services that are most appropriate … Read more
Government Response
We are developing an early legal advice pilot, which was a commitment in the Legal Support Action Plan. The pilot will test the impact of early legal advice in social … Read more
Ministry of Justice
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25 Recommendation
3rd Report - The Future of Legal A…
The weight of evidence, however, is that inaction on the rising number of litigants in...
The weight of evidence, however, is that inaction on the rising number of litigants in person is not an option. Many of the policy responses to the issue involve increasing the resources of the courts or other agencies involved in … Read more
Ministry of Justice
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26 Conclusion
3rd Report - The Future of Legal A…
We continue to be disappointed with the Ministry of Justice’s approach to gathering data on...
We continue to be disappointed with the Ministry of Justice’s approach to gathering data on access to justice. From the evidence we heard, the data they hold may not adequately reflect the impact of litigants in person on court time … Read more
Government Response
One of the MoJ’s key priorities to make best use of available data to inform evidence- based policy making. It is a key priority for the Justice Secretary. The MoJ … Read more
Ministry of Justice
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27 Conclusion
3rd Report - The Future of Legal A…
We welcome steps to support litigants in person.
We welcome steps to support litigants in person. We encourage the Government to consider whether the scale of these projects and grants should be increased.
Government Response
In February 2019, as part of our Legal Support Action Plan, we announced we would increase our total funding for services supporting litigants in person to £3 million a year … Read more
Ministry of Justice
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28 Conclusion
3rd Report - The Future of Legal A…
We recognise that the Government is making progress in improving legal support and information for...
We recognise that the Government is making progress in improving legal support and information for litigants in person, but we caution the Government that such measures should not be seen as an alternative to tailored legal advice. We are aware … Read more
Government Response
In February 2019, as part of our Legal Support Action Plan, we announced we would increase our total funding for services supporting litigants in person to £3 million a year … Read more
Ministry of Justice
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29 Conclusion
3rd Report - The Future of Legal A…
We welcome the decision to remove the £100,000 cap.
We welcome the decision to remove the £100,000 cap. However, we regret that it was ever necessary for a victim of domestic violence to have litigate to obtain legal aid because of the Government’s failure to ensure that the means … Read more
Government Response
We are aware that it has been some years since different elements of the means test have been uprated, which is why the Government launched the Means Test Review. The … Read more
Ministry of Justice
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30 Conclusion
3rd Report - The Future of Legal A…
We welcome the Government’s decision to review the means test for both civil and criminal...
We welcome the Government’s decision to review the means test for both civil and criminal legal aid. There is a strong consensus among witnesses that any revised means test for civil legal aid should be simpler, for example by using … Read more
Government Response
The Means Test Review is considering the full range of means-testing criteria, including income and capital thresholds and passporting provisions for people receiving certain benefits, and will look at whether … Read more
Ministry of Justice
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31 Conclusion
3rd Report - The Future of Legal A…
The Exceptional Case Funding system should be reformed.
The Exceptional Case Funding system should be reformed.
Government Response
Following the post-implementation review of LASPO in 2019, we committed to review the application process for Exceptional Case Funding, and this work is currently ongoing within the Ministry of Justice. … Read more
Ministry of Justice
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32 Conclusion
3rd Report - The Future of Legal A…
We recognise the strength of Richard Miller’s suggestion that judges should be empowered to make...
We recognise the strength of Richard Miller’s suggestion that judges should be empowered to make a direction that an individual needs representation and that it should be binding on the Legal Aid Agency to provide exceptional case funding in that … Read more
Government Response
The ECF scheme remains a vital safety net to ensure legal aid is available where there is a risk of a breach of an individual’s rights under the ECHR. We … Read more
Ministry of Justice
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33 Conclusion
3rd Report - The Future of Legal A…
Civil legal aid, like criminal legal aid, needs the Government to take decisive action to...
Civil legal aid, like criminal legal aid, needs the Government to take decisive action to change the approach set by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 at the start of the last decade. Without such a … Read more
Government Response
We are already considering the sustainability of the civil legal aid system and this includes consideration of what the future civil legal aid system should look like and how it should be structured.
Ministry of Justice
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34 Recommendation
3rd Report - The Future of Legal A…
The Government should collect and publish more detailed data on the providers of civil legal...
The Government should collect and publish more detailed data on the providers of civil legal aid, in particular it should capture how much publicly funded work each provider is doing each year.
Ministry of Justice
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35 Conclusion
3rd Report - The Future of Legal A…
Sustainability issues for civil legal aid providers are sufficiently serious to justify a complete overhaul...
Sustainability issues for civil legal aid providers are sufficiently serious to justify a complete overhaul of the system. A number of witnesses have highlighted that a combination of number of fundamental problems rather than one or two specific issues contribute … Read more
Government Response
We agree that the sustainability of civil legal aid providers is an important issue and are continuing to consider the best approach internally. We continue to engage with stakeholders on … Read more
Ministry of Justice
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36 Recommendation
3rd Report - The Future of Legal A…
The basis for the radical change required in civil legal aid requires the Government to...
The basis for the radical change required in civil legal aid requires the Government to establish the level of need for civil legal aid services in England and Wales. Once that is established, the Government needs to ensure that suppliers … Read more
Ministry of Justice
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37 Conclusion
3rd Report - The Future of Legal A…
However, it is not a question of simply raising fees, but rather making better use...
However, it is not a question of simply raising fees, but rather making better use of the resources available. We believe that the best way of ensuring value of money is to focus on expanding the capacity of those providers … Read more
Government Response
We are already considering the sustainability of the civil legal aid market internally. As part of this work, we are considering whether different funding models might be appropriate in some … Read more
Ministry of Justice
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38 Recommendation
3rd Report - The Future of Legal A…
Online legal services should not be seen as a replacement for traditional face-to-face services, especially...
Online legal services should not be seen as a replacement for traditional face-to-face services, especially when such a high proportion of those who qualify for legal aid do not always have reliable access to digital technology. That said, we agree … Read more
Ministry of Justice
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39 Recommendation
3rd Report - The Future of Legal A…
We commend the Legal Aid Agency for its work supporting legal aid providers since the...
We commend the Legal Aid Agency for its work supporting legal aid providers since the start of the pandemic. The approach taken by the Agency and its staff shows that it can be flexible and proactive if the circumstances allow. … Read more
Ministry of Justice
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40 Recommendation
3rd Report - The Future of Legal A…
We welcome the Legal Aid Agency’s work to respond to legal aid providers concerns in...
We welcome the Legal Aid Agency’s work to respond to legal aid providers concerns in relation to the “culture of refusal”. We also recognise their commitment to ensure that taxpayers’ money is managed properly. We acknowledge that the staff and … Read more
Ministry of Justice
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41 Recommendation
3rd Report - The Future of Legal A…
The Government should consider creating a system of earned autonomy that places more trust in...
The Government should consider creating a system of earned autonomy that places more trust in the decision making of providers with strong records of high-quality decision making. The Agency’s processes should have some incentives for providers to work towards gradually … Read more
Ministry of Justice
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42 Recommendation
3rd Report - The Future of Legal A…
The Government should consider enabling the Legal Aid Agency to provide specific support to legal...
The Government should consider enabling the Legal Aid Agency to provide specific support to legal aid providers to bring in trainees. This support should be targeted to areas where there is a particular shortage of specialist advice.
Ministry of Justice
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43 Recommendation
3rd Report - The Future of Legal A…
If the Government were to accept the recommendations we have made on how to approach...
If the Government were to accept the recommendations we have made on how to approach criminal and civil legal aid it will be necessary to address the Legal Agency Aid’s priorities, its institutional capacity and how it uses its resources. … Read more
Ministry of Justice
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Correspondence 20 letters
21 Feb 2023 From committee Letter to Mike Freer MP, Minister for Courts, Legal Services and International, dated 24 January 2023, follow up from the session on 17 January 2023
Parliament page
21 Feb 2023 To committee Letter from Mike Freer MP, Minister for Courts, Legal Services and International, dated 9 February 2023, follow up from the session on 17 January 2023
Parliament page
7 Feb 2023 To committee Letter from Lubna Shuja, President of the Law Society, dated 30 January 2023, following the evidence session on 17 January
Parliament page
25 Jan 2023 To committee Letter from Kirsty Brimelow KC, Chair, Criminal Bar Association, dated 9 January 2023, on criminal legal aid
Parliament page
6 Dec 2022 To committee Letter from Mike Freer MP, Parliamentary Under Secretary of State for Justice, dated 30 November 2022, on the Government's full response to the Criminal Legal Aid Independent Review
Parliament page
8 Sep 2022 To committee Letter from Sarah Dines MP, Parliamentary Under Secretary of State, dated 15 August 2022, on legal aid follow-up
Parliament page
25 May 2022 To committee Letter from the Bar Council, dated 24 May 2022, regarding income disparities at the Bar
Parliament page
15 Mar 2022 To committee Letter from the Lord Chancellor, dated 14 March 2022, on the legal aid means test review and independent review of criminal legal aid
Parliament page
16 Nov 2021 From committee Letter to the Deputy Prime Minister and Lord Chancellor on the response to the Future of Legal Aid Report, 16 November 2021
Parliament page
23 Jul 2021 Family Law Roundtable Transcript 14 December 2020
Parliament page
24 Feb 2021 To committee Letter from Alex Chalk MP, Parliamentary Under Secretary of State for Justice, dated 9 February 2021, regarding transfer of civil legal aid bills of costs to Legal Aid Agency
Parliament page
3 Feb 2021 To committee Letter from Robert Buckland QC MP, Lord Chancellor and Secretary of State for Justice, dated 28 January 2021, on criminal legal aid review
Parliament page
27 Jan 2021 To committee Letter from Alex Chalk MP, Parliamentary Under-Secretary of State for Justice, dated 20 January 2021, regarding full awarding of the legal support for litigants in person grant
Parliament page
13 Jan 2021 To committee Letter from Rt Hon Robert Buckland QC MP, Lord Chancellor & Secretary of State for Justice, dated 21 December 2020, regarding Criminal Legal Aid Review Phase II Independent Review
Parliament page
4 Nov 2020 To committee Letter from Alex Chalk MP, Parliamentary Under-Secretary of State for Justice, dated 29 October 2020, regarding MoJ funding for not for profit providers of legal advice
Parliament page
23 Sep 2020 To committee Letter from Alex Chalk MP, Parliamentary Under-Secretary of State for Justice, dated 16 September 2020 regarding Civil Legal Aid: Renumeration
Parliament page
9 Sep 2020 To committee Letter from Alex Chalk MP, Parliamentary Under Secretary of State for Justice, dated 21 August 2020, regarding an accelerated package of measures amending criminal legal aid fee schemes
Parliament page
22 May 2020 To committee Letter from Alex Chalk MP, Parliamentary Under-Secretary of State for Justice, dated 18 May 2020, regarding legal aid fees for asylum and immigration appeals
Parliament page
28 Apr 2020 To committee Letter from Alex Chalk MP, Parliamentary Under-Secretary of State for Justice, dated 20 April 2020, regarding Civil Legal Aid Regulations 2012
Parliament page
28 Apr 2020 To committee Letter from Alex Chalk MP, Parliamentary Under-Secretary of State for Justice, dated 23 April 2020, relating to launch of £3.1 million legal support for litigants in person grant
Parliament page