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
32 Recommendations
11 Conclusions
1 Report
20 Letters
4 Events
Activity timeline 22 events
27 Jul
2021
Recommendations & Conclusions
9 results
1 Conclusion Accepted
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
The government states it has already developed a Criminal Justice Action Plan with partners across the CJS, focusing on timeliness, victim engagement, and reducing outstanding cases, and has strengthened cross-system governance to ensure a whole criminal justice system approach to recovery and reform.
Ministry of Justice
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22 Recommendation Accepted
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
Government Response
The government agrees on the effectiveness of the Housing Possession Court Duty Scheme and will consult on its future sustainability. It states it is considering the use of this model in other areas of civil justice as part of its wider work on civil legal aid sustainability.
Ministry of Justice
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24 Recommendation Accepted
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
The government is developing an early legal advice pilot, focused on social welfare law (housing, debt, welfare benefits), to test its impact on resolving problems earlier. Further details of this pilot will be announced in due course.
Ministry of Justice
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25 Recommendation Accepted
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
Government Response
The government details multiple existing and recently increased funding streams, including £3 million per year for LSLIP grants (2020-2022), over £9 million through LIPSS since 2014-15, and £2 million invested in the Community Justice Fund, demonstrating ongoing and increased support for litigants in person.
Ministry of Justice
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26 Conclusion Accepted
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
The Ministry of Justice acknowledges challenges with legacy data systems but states it is making progress and investing in its analytical function. It specifically commits to launching a pilot next year to test the impact of early legal advice in social welfare law, aiming to significantly improve understanding of its impact.
Ministry of Justice
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27 Recommendation Accepted
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
The government details multiple existing and recently increased funding streams, including £3 million per year for LSLIP grants (2020-2022), over £9 million through LIPSS since 2014-15, and £2 million invested in the Community Justice Fund, demonstrating ongoing and increased support for litigants in person.
Ministry of Justice
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28 Conclusion Accepted
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
The government outlines its significant ongoing investment in legal support for litigants in person, including a £3 million annual grant from 2020-2022 through the LSLIP Grant, over £9 million since 2014-15 via LIPSS, and recent investments in the Community Justice Fund to support not-for-profit organizations.
Ministry of Justice
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31 Recommendation Accepted
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
The government accepts the recommendation, stating that work is ongoing within the Ministry of Justice to review and improve the Exceptional Case Funding application process, including developing and publishing easy-read guidance by the end of the year.
Ministry of Justice
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41 Recommendation Accepted
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
Government Response
The LAA states it already takes a proportionate approach to contract management, having reduced audit activities and administrative spending pre-pandemic, and paused non-essential activity during COVID-19. It will continue to look for opportunities to ease processes and reflect on remote audit approaches.
Ministry of Justice
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Government Response AI assessment · 43 of 32 classified

Total 32 recs + 11 conclusions
Correspondence 20 letters
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
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
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
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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