Value for Money
Government’s management of legal aid
Published 9 February 2024
10 recommendations
Ministry of Justice
Courts, sentencing and tribunalsCrime, justice and law
nao.org.uk
The Ministry of Justice does not know whether everyone eligible for legal aid can access it and government needs to do more to ensure the sustainability of the legal aid market if it is to achieve value for money.
Recommendations (10)
Source: NAO Recommendations Tracker
Ministry of Justice
Rec 1
Rejected
MoJ should work with others to improve its understanding of the costs and benefits of legal issues removed from scope during legal aid reforms, to ensure that changes have not led to less efficient public spending. MoJ should focus on areas of stakeholder concerns including the impact of:
? the removal of early advice for issues such as housing and debt. It should work with stakeholders and other government departments to improve its research approach in this area (bullet 1).
Ministry of Justice
Rec 10
Partially Accepted
Implemented
MoJ should work with providers to ensure its fees are set at a level that optimises the balance between cost effectiveness, affordability and access to legal aid (for those who are eligible). For example, with support from LAA, MoJ could liaise with providers to get a more routine understanding of the profitability of legal aid work and market sustainability, such as through open-book accounting.
Ministry of Justice
Rec 2
Accepted
Work in Progress
MoJ should work with others to improve its understanding of the costs and benefits of legal issues removed from scope during legal aid reforms, to ensure that changes have not led to less efficient public spending. MoJ should focus on areas of stakeholder concerns including the impact of:
? increases in people representing themselves in court. It should work with HMCTS to improve data on both the number and impact of self-representation in family and magistrates? courts and any inefficiencies (bullet 2)
Ministry of Justice
Rec 3
Accepted
Implemented
MoJ should work with others to improve its understanding of the costs and benefits of legal issues removed from scope during legal aid reforms, to ensure that changes have not led to less efficient public spending. MoJ should focus on areas of stakeholder concerns including the impact of:
? reductions in immigration advice on local authorities. It should work with the Department for Levelling Up, Housing & Communities to establish the financial and other impacts on local authorities as a result of this change (bullet 3)
Ministry of Justice
Rec 4
Accepted
Work in Progress
It should respond to any additional costs identified with an action plan to bear down on any wider costs or inefficiencies.
Ministry of Justice
Rec 5
Accepted
Work in Progress
MoJ should, working with LAA and others, ensure that those who want (and are eligible for) legal aid can access it in future by improving:
? its view of demand and capacity in the legal aid market, for example, by running routine surveys on legal need, working with providers to capture better data on any individuals they cannot help due to lack of capacity, and addressing any barriers found (bullet 1)
Ministry of Justice
Rec 6
Accepted
Work in Progress
MoJ should, working with LAA and others, ensure that those who want (and are eligible for) legal aid can access it in future by improving:
? how it monitors whether those who apply for its exceptional case funding scheme individually are able to find a provider and acting to address any issues found. (bullet 2)
Ministry of Justice
Rec 7
Accepted
Implemented
MoJ should assess whether it could reduce the cost of its exceptional case funding scheme by streamlining its approach to processing categories with high approval rates, and act upon its findings.
Ministry of Justice
Rec 8
Partially Accepted
Work in Progress
MoJ should work with providers and representative bodies to establish a workforce strategy that considers the pipeline of future legal aid lawyers and their training to ensure future supply is sufficient to meet its objectives for access to justice, thereby enabling people who seek (and are eligible for) legal aid to access it in future.
Ministry of Justice
Rec 9
Accepted
Implemented
LAA should continue to develop its contracting approach to improve the attractiveness of legal aid markets to providers for civil legal aid as well as criminal legal aid. As part of this it should look to reduce barriers to providers entering the legal aid market and to minimise the costs of contracting.