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
20
Conclusion
Acknowledged
Para 86
It is frustrating, and yet unsurprising, that many of the concerns raised over the operation...
Conclusion
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 …
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Government Response Summary
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.
Ministry of Justice
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21
Recommendation
Acknowledged
Para 88
The Government should take a whole justice system approach to the reform of the civil...
Recommendation
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.
Government Response Summary
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.
Ministry of Justice
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23
Conclusion
Acknowledged
Para 97
The Committee welcomes the introduction of the Family Mediation Voucher Scheme.
Conclusion
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 …
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Government Response Summary
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.
Ministry of Justice
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33
Recommendation
Acknowledged
Para 120
Civil legal aid, like criminal legal aid, needs the Government to take decisive action to...
Recommendation
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 …
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Government Response Summary
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.
Ministry of Justice
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34
Recommendation
Acknowledged
Para 122
The Government should collect and publish more detailed data on the providers of civil legal...
Recommendation
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.
Government Response Summary
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.
Ministry of Justice
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35
Conclusion
Acknowledged
Para 127
Sustainability issues for civil legal aid providers are sufficiently serious to justify a complete overhaul...
Conclusion
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 …
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Government Response Summary
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.
Ministry of Justice
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36
Recommendation
Acknowledged
Para 128
The basis for the radical change required in civil legal aid requires the Government to...
Recommendation
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 …
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Government Response Summary
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.
Ministry of Justice
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37
Recommendation
Acknowledged
Para 129
However, it is not a question of simply raising fees, but rather making better use...
Recommendation
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 …
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Government Response Summary
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.
Ministry of Justice
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43
Recommendation
Acknowledged
If the Government were to accept the recommendations we have made on how to approach...
Recommendation
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. …
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Government Response Summary
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.
Ministry of Justice
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