3rd Report - The Future of Legal Aid
Select Committee
Justice Committee
HC 70
27 July 2021
Government response
4th Special Report - The Future of Legal Aid: Government Response to the Committee’s Third Report · published 16 Nov 2021
Recommendations & Conclusions
9 results
1
Conclusion
Accepted
Para 15
Reform of criminal legal aid must prioritise a whole justice system approach, to ensure that...
Conclusion
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 Summary
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
View Details
22
Recommendation
Accepted
Para 92
The Government should consider whether the model of the possession duty scheme should be used...
Recommendation
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 Summary
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
View Details
24
Recommendation
Accepted
Para 98
We suggest that the civil legal aid system needs an updated version of the Green...
Recommendation
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 Summary
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
View Details
25
Recommendation
Accepted
Para 103
The weight of evidence, however, is that inaction on the rising number of litigants in...
Recommendation
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 Summary
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
View Details
26
Conclusion
Accepted
Para 104
We continue to be disappointed with the Ministry of Justice’s approach to gathering data on...
Conclusion
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 Summary
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
View Details
27
Recommendation
Accepted
Para 107
We welcome steps to support litigants in person.
Recommendation
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 Summary
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
View Details
28
Conclusion
Accepted
We recognise that the Government is making progress in improving legal support and information for...
Conclusion
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 Summary
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
View Details
31
Recommendation
Accepted
Para 118
The Exceptional Case Funding system should be reformed.
Recommendation
The Exceptional Case Funding system should be reformed.
Government Response Summary
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
View Details
41
Recommendation
Accepted
Para 150
The Government should consider creating a system of earned autonomy that places more trust in...
Recommendation
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 Summary
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
View Details