3rd Report - The Future of Legal Aid

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.

The government agrees on the importance of sustainability and states that Sir Christopher Bellamy QC's Independent Review is considering the resilience of the criminal legal aid market; they will address the issue in their response to his review.

The government acknowledges the concern and states it is being considered as part of an Independent Review into Criminal Legal Aid, with a commitment to respond to the review's final report by the end of 2021.

The government has deferred consideration of linking legal aid fees to CPS pay rates, noting that profitability and comparison to CPS pay are being examined as part of the Independent Review into Criminal Legal Aid, and will be addressed in its response to the review.

The government injected up to £51m per annum into the criminal legal aid system in September 2020. However, the core issues of criminal legal aid fees and regular inflationary reviews are being considered by the Criminal Legal Aid Independent Review, and the government will address these in its response to the review's final report by the end of 2021.

The government highlights a previous £51m funding injection and states that the Criminal Legal Aid Independent Review's terms of reference include a fee review, committing to address this issue in its response to the review's final report by the end of 2021.

The government injected up to £51m per annum into the criminal legal aid system in September 2020. Additionally, the Criminal Legal Aid Independent Review is considering a mechanism for regular fee review to ensure flexibility and fairness.

The government acknowledges concerns regarding diversity and retention in criminal legal aid, stating that this issue is being considered as part of an Independent Review, to which they are committed to responding before the end of 2021.

The government has deferred action on reforming the fee structure for criminal legal aid, indicating that the matter is being considered by the Criminal Legal Aid Independent Review, and will be addressed in its response to the review's final report.

The government states that the Criminal Legal Aid Independent Review is currently considering how the legal aid system's structure and advice provision could increase efficiency, committing to address this issue in its response to the review's final report by the end of 2021.

The government refers to previous funding injections and states that the Criminal Legal Aid Independent Review's terms of reference include a section on fee review, committing to address the issue in its response to the review's final report by the end of 2021.

The government states that Sir Christopher Bellamy QC's Independent Review is considering whether changes to advice provision and the criminal legal aid system's structure could increase efficiency and incentivise early engagement, with the government committed to responding to the review's final report.

The government has deferred action on ensuring the legal aid framework's adaptability, stating it will address the issue in its response to Sir Christopher Bellamy QC's Independent Review into Criminal Legal Aid, which is considering the resilience of the market.

The government states it has committed to responding to Sir Christopher’s review by the end of 2021, and highlights accelerated measures already implemented that brought significant new funding to criminal legal aid during the pandemic.

The government acknowledges the recommendation and states that a Means Test Review, launched in February 2019, is currently assessing the effectiveness and thresholds, with plans to publish the review and a public consultation shortly.

The government states it is considering the issue of costs that acquitted defendants may recover from central funds as part of the ongoing Means Test Review.

The government states the Criminal Legal Aid Independent Review is considering youth justice fee structures. For the recommendation on presumed legal representation at police stations, the government is considering trialling a system that presumes uptake of advice for young and vulnerable individuals in police custody.

The government states that Sir Christopher Bellamy QC's Independent Review is considering the efficiency of the criminal legal aid market, including how legal aid can be responsive to user needs and administrative burdens, and the government will address this in its response to the review.

The government states that Sir Christopher Bellamy QC's Independent Review into Criminal Legal Aid is considering the resilience of the market and fee review mechanisms. The government commits to addressing this issue in its response to the review's final report before the end of 2021.

The government recognises the recurring nature of concerns regarding civil legal aid. It states that some policy changes have already been delivered, and work on others (e.g., exceptional case funding, early legal advice pilot) is progressing, though delayed by the COVID-19 pandemic.

The government acknowledges that legal aid is part of a wider system and states that evidence from an unspecified pilot will inform its wider consideration of the future civil legal aid system.

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.

The government notes the positive reception of the Family Mediation Voucher Scheme and commits to continued monitoring. It states that the sustainability of civil legal aid market work is considering the scope of early legal help, but does not commit to making it available alongside mediation.

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.

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.

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.

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.

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.

The government acknowledges that means test elements have not been uprated for some years and states that the ongoing Means Test Review is specifically considering how the means test applies to victims of domestic abuse.

The government states its Means Test Review is considering a full range of criteria, including passporting and capital thresholds, to ensure access to justice for low-income individuals.

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.

The government rejects the recommendation for judges to make binding directions on exceptional case funding, stating the LAA's independent role should not change, but notes ongoing work to improve ECF scheme guidance.

The government acknowledges the need for change by stating it is already considering the sustainability of the civil legal aid system and its future structure.

The government states it is working on improving data collection regarding the characteristics of civil legal aid providers as part of its market sustainability work, but does not explicitly commit to collecting and publishing more detailed data on publicly funded work per provider.

The government agrees on the importance of civil legal aid sustainability and is continuing to consider the best internal approach, committing to engage with stakeholders on next steps in due course.

The government states it is already considering the sustainability of the civil legal aid market and how to support the workforce, including "consideration of funded posts within legal aid providers including the funding of training contracts". It also highlights ongoing digital improvements by the LAA, such as the development of the "Apply" online tool.

The government states it is internally considering the sustainability of the civil legal aid market and whether different funding models might be appropriate, but does not commit to using Section 2 of LASPO for direct grants.

The government has developed an online pilot for housing disrepair advice and signposting as part of its Legal Support Action Plan, accessible via GOV.UK, but does not address supporting legal aid providers to upgrade their digital infrastructure.

The LAA has already made some pandemic-related changes permanent and continues to keep other active contingencies under review. It also commits to maintaining an open dialogue with providers and continuously seeking opportunities to improve processes and systems.

The government rejects the committee's premise that the LAA prioritises "error rate" over other considerations, stating the agency maintains a balanced approach. It highlights existing digital improvements and defers further consideration of a more flexible funding approach and administrative burdens to the ongoing Criminal Legal Aid Independent Review.

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.

The government is considering how best to support the legal aid workforce as part of its ongoing work on civil legal aid market sustainability, which includes considering funded posts and training contracts for providers.

The government states the MoJ and LAA will continue to collaborate to identify opportunities for data expansion, without committing to specific changes in collection or publication.