Loss of early legal advice
Lack of understanding by the Ministry of Justice regarding the impact of removing early legal advice in various areas.
56 items
3 sources
1 inquiry
Strongest theme matches
Mixed across source types and ranked by classifier confidence plus text match strength.
Committee recommendation
100match
#17 - MoJ lacks understanding of early legal advice removal and litigant-in-person impacts.
MoJ’s Treasury Minute response indicated that it had begun discussions with the Ministry of Housing, Communities, and Local Government (MHCLG, or the Department for Levelling Up, Housing and Communities, as it was then called) to understand whether local authorities were funding immigration legal advice. However, its response on understanding the impact of removing other areas of early legal...
Matched on
terms: advice, early, legal
Committee recommendation
100match
#16 - MoJ's understanding of wider legal aid reform costs remains disappointingly insufficient after a decade.
For a decade, this Committee and its predecessors have urged MoJ to get a better understanding of the wider costs of its legal aid reforms. A 2015 report noted the lack of analysis MoJ had undertaken of the wider impacts of the reforms on itself and other government departments and stressed that it needed to do more.33 In...
Matched on
terms: advice, early, legal
Committee recommendation
100match
#4 - Require MoJ to detail legal aid reform cost impact on local authorities and courts.
More than ten years since the legal aid reforms, MoJ has still not demonstrated a sufficient understanding of the additional costs of legal aid reforms, particularly the impact of litigants in person. A decade ago our predecessors urged MoJ to get a better understanding of the wider costs of its reforms, which removed access to most early legal...
Matched on
terms: advice, early, legal
Committee recommendation
94match
#12 - Legal aid deserts' and remote advice disproportionately exclude vulnerable groups from justice.
Our predecessor Committee’s May 2024 report on legal aid in England and Wales raised concerns around access to legal aid advice in areas of the country lacking face-to-face provision of legal aid. Where there are gaps in provision MoJ and LAA often rely on remote advice to fill the gaps. The Committee stressed that ‘legal aid deserts’, large...
Matched on
terms: advice, legal
NAO recommendation
93match
Government’s management of legal aid
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...
Matched on
terms: advice, early, legal
Committee recommendation
92match
#18 - Ministry of Justice lacks comprehensive understanding of legal aid reforms' impact on local authorities
We asked MoJ what work it had done to better understand the effects of its legal aid reforms on local authorities and their legal advice services. MoJ said that it has surveyed local authorities to understand where they were providing additional legal advice and why, but it told us that it did not have a high response rate...
Matched on
terms: advice, legal
Committee recommendation
90match
#24 - 3rd Report - The Future of Legal Aid
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 for their situation. One suggestion we have received is that the Government could develop and pilot an ambitious...
Matched on
terms: advice, early, legal
Committee recommendation
90match
#23 - 3rd Report - The Future of Legal Aid
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 would result in an increase in the numbers using mediation successfully.
Matched on
terms: advice, early, legal
Committee recommendation
90match
#21 - 3rd Report - The Future of Legal Aid
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.
Matched on
terms: advice, early, legal
Committee recommendation
87match
#3 - Require MoJ and LAA to set out plans for digitally excluded legal aid access and provision.
We are not satisfied that MoJ and the Legal Aid Agency (LAA) are doing enough to ensure that people eligible for legal aid can access it, particularly those who are digitally excluded. This Committee previously raised concerns that LAA’s reliance on remote advice in areas of the country which lack face-to-face provision of legal aid risks disproportionately penalising...
Matched on
terms: advice, legal
Committee recommendation
86match
#13 - MoJ failed to detail alternative legal aid routes for those unable to use remote advice.
In its Treasury Minute response to our predecessor’s 2024 report, MoJ acknowledged that while remote advice can be effective, some people will always require face-to-face advice. It said that it had worked with stakeholders to identify safeguards and better understand the impact of remote provision, for example, for those in custody. It stated that where remote advice is...
Matched on
terms: advice, legal
Committee recommendation
82match
#7 - 7th Report: Coronavirus (COVID-19): the impact on the legal professions in England and Wales
Law centres and other not-for-profit legal advice providers are also at great risk.
Matched on
terms: advice, legal
Committee recommendation
82match
#22 - 3rd Report - The Future of Legal Aid
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 of hearing could provide an economical way of offering some legal support to vulnerable litigants. We commend the...
Matched on
terms: advice, legal
Committee recommendation
81match
#3 - Monitor Illegal Migration Act's impact and assess Exceptional Case Funding efficiency for immigration.
We are concerned about access to legal aid for immigration matters which often involve extremely vulnerable people, and the effectiveness of the Exceptional Case Funding (ECF) scheme for some of these cases. Organisations including the Immigration Law Practitioners’ Association provided evidence to the Committee of a ‘supply crisis’ in the immigration and asylum legal aid market. People eligible...
Matched on
terms: advice, legal
Committee recommendation
77match
#7 - Legal aid agencies lack demand and capacity data, hindering understanding of access issues.
Neither MoJ nor LAA estimate demand for legally aided services, nor do they capture routine data on whether providers are turning potential clients away.12 MoJ and LAA told us that this was partly because they do not want to place too high a burden on providers by requiring them to submit additional data.13 But this means that they...
Matched on
terms: advice, legal
Committee recommendation
74match
#16 - 7th Report: Coronavirus (COVID-19): the impact on the legal professions in England and Wales
We urge the Ministry of Justice and the Legal Aid Agency to continue to be creative as to how legal aid is administered so that the legal professions are not further damaged by inflexible processes and contractual requirements on top of the problems arising directly from the coronavirus crisis. (Paragraph 42) Coronavirus (COVID-19): the impact on the legal...
Matched on
terms: legal
Committee recommendation
74match
#14 - 7th Report: Coronavirus (COVID-19): the impact on the legal professions in England and Wales
We recommend that the Ministry of Justice considers further grants for law centres and other not-for-profit legal services providers that are at risk of collapse. The Ministry of Justice should report back to us with its decision and provide its reasons if it decides not to provide such grants, and state what provision it will make for users...
Matched on
terms: legal
Committee recommendation
74match
#5 - Require MoJ to routinely review profitability and sustainability for all types of legal aid.
We remain unconvinced that MoJ has put in place sufficient measures to ensure the future sustainability of the legal aid market. In its 2024 report, this Committee raised concerns that while MoJ was undertaking large scale reviews of both criminal and civil legal aid it had not put in place mechanisms to routinely review the profitability of legal...
Matched on
terms: legal
Committee recommendation
73match
#11 - 7th Report: Coronavirus (COVID-19): the impact on the legal professions in England and Wales
It is important that the legal professions are in good shape to deal with the increase in demand for legal advice and representation that is on the horizon.
Matched on
terms: advice, legal
Committee recommendation
73match
#28 - 3rd Report - The Future of Legal Aid
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 that in areas such as benefits, non-legally qualified specialist advisors can provide appropriate assistance However, as long as...
Matched on
terms: advice, legal
Committee recommendation
73match
#8 - Persistent "legal aid deserts" reduce face-to-face access to legal aid services nationwide.
Stakeholders, including the Law Society, have often raised concerns about “legal aid deserts”, where large geographical areas do not have a legal aid provider for a particular category of law.19 For example, 183 local authorities had no legal aid provider office for housing issues in 2022–23, with particular gaps in large areas of the South West and the...
Matched on
terms: advice, legal
Committee recommendation
70match
#9 - 7th Report: Coronavirus (COVID-19): the impact on the legal professions in England and Wales
The Legal Aid Agency has made changes to help the legal professions. For example, it has made it easier to claim interim and hardship payments, aligned some fees for remote work with those for in-person work, and halted pursuit of outstanding debts owed to the Legal Aid Agency. Amanda Pinto told us “I am happy to say that...
Matched on
terms: legal
Committee recommendation
70match
#6 - 7th Report: Coronavirus (COVID-19): the impact on the legal professions in England and Wales
Small high street firms are particularly at risk from the effects of coronavirus restrictions.
Matched on
terms: legal
Committee recommendation
70match
#3 - 7th Report: Coronavirus (COVID-19): the impact on the legal professions in England and Wales
Publicly funded legal services providers were already under stress before coronavirus.
Matched on
terms: legal
Committee recommendation
70match
#23 - Stakeholders warn MoJ's actions on legal aid sustainability are insufficient and too slow
Written evidence we received from organisations including the Law Society, Public Law Project and Law Centres Network all raised concerns about whether the actions MoJ has taken to date were sufficient or fast enough to tackle long-term sustainability issues.44 For example, the Law Society stressed that for civil legal aid, there is no mechanism to ensure regular fee...
Matched on
terms: legal
Committee recommendation
69match
#21 - Ministry of Justice lacks concrete plans for routine civil legal aid profitability monitoring
In its Treasury Minute response MoJ stated that it was considering how to monitor profitability more regularly. It said that the Independent Criminal Legal Aid Board (CLAAB), established following the review of criminal legal aid, had included discussion of the current market position. But MoJ did not set out any proposals for more routine monitoring of civil legal...
Matched on
terms: legal
Inquiry recommendation
69match
LAMI-36 - Require legal advice before emergency child harm action, ensure 24-hour availability
No emergency action on a case concerning an allegation of deliberate harm to a child should be taken without first obtaining legal advice. Local authorities must ensure that such legal advice is available 24 hours a day.
Matched on
terms: advice, legal
Committee recommendation
69match
#21 - Widen pilot to include legal advice for victims on sexual history applications.
The Government should also consider widening any such pilot so that people would also be able to benefit from legal advice on sexual history applications.
Matched on
terms: advice, legal
Committee recommendation
69match
#9 - Remote legal aid provision's suitability for vulnerable groups remains unclear without data.
LAA explained that for some places where there are local gaps in legal aid providers, people could seek remote advice from providers elsewhere in the country, providers in neighbouring areas or via its telephone service. MoJ stated there were some benefits of remote provision for many in providing a more discreet service and in ease of providing interpreter...
Matched on
terms: advice, legal
Committee recommendation
69match
#19 - Government lacks priority for legal advice for victims on disclosure decisions, despite benefits.
Although we support the Government’s upcoming consultation with victims’ groups on enhancing support and legal advice for victims on disclosure decisions, we have concerns that the Government is not placing a high priority on the question of legal advice for victims, despite what appear to be clear benefits.
Matched on
terms: advice, legal
Committee recommendation
68match
#28 - Eighth Report - Post Office and Horizon - Compensation: interim report
We have recommended in this Report that the Government set up a properly resourced independent intermediary to assist sub-postmasters seeking to overturn convictions and seek compensation. We recommend that this same body should also be tasked with assisting sub-postmasters who are accessing the Historic Shortfall Scheme. This should include providing claimants with access to forensic accountants and legal...
Matched on
terms: advice, legal, loss
Committee recommendation
65match
#22 - Legal aid sustainability remains a concern with fee increases pending ministerial decision
We asked MoJ and LAA for an update on how they were monitoring the sustainability and profitability of legal aid work. MoJ said that it had recently surveyed both criminal and civil legal aid providers and that it was currently considering recommendations made by the CLAAB. It also stated that fees across the rest of civil legal aid...
Matched on
terms: legal
Committee recommendation
65match
#15 - 7th Report: Coronavirus (COVID-19): the impact on the legal professions in England and Wales
On 23 June, we asked Robert Buckland about business rates relief, and he suggested that his requests to the Treasury were unlikely to be fulfilled but that he was looking for other imaginative solutions. The Ministry of Justice should consider how it can help those self-employed practitioners whose profits are just above the £50,000 threshold and how it...
Matched on
terms: legal
Committee recommendation
65match
#22 - Commit to offering independent legal advice to all rape victims, subject to pilot success.
If engagement with victims’ groups as promised by the Rape Review Progress Update demonstrate support and the need for independent legal advice, the Government must commit to offering legal advice to all victims of rape, subject to the success of the pilot. (Paragraph 127) The CPS response to rape
Matched on
terms: advice, legal
Committee recommendation
62match
#20 - Previous committee highlighted MoJ's slow progress reviewing legal aid system sustainability
Our predecessor Committee’s 2024 report on legal aid stated that MoJ had been slow to initiate and complete its large-scale reviews of the sustainability of both the criminal and civil legal aid systems. It raised particular concerns around the civil legal aid sector where legal aid fees had not increased since 1996. The Committee recommended that MoJ needed...
Matched on
terms: legal
Committee recommendation
61match
#10 - 7th Report: Coronavirus (COVID-19): the impact on the legal professions in England and Wales
The support provided by the Government is welcome, but it cannot compensate for the significant drop-off in the amount of work being done and remove the risk of a collapse in legal services providers. (Paragraph 32) The way ahead
Matched on
terms: legal
Committee recommendation
61match
#5 - 7th Report: Coronavirus (COVID-19): the impact on the legal professions in England and Wales
Newly qualified barristers face particular pressure.
Matched on
terms: legal
Committee recommendation
61match
#25 - 3rd Report - The Future of Legal Aid
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 the system. With the impact of the pandemic likely to lead to greater number of litigants in person...
Matched on
terms: legal
Committee recommendation
61match
#4 - Ensure financial eligibility thresholds for legal aid are routinely reviewed and swiftly implemented.
The Ministry of Justice has been slow to review financial eligibility thresholds, leaving fewer people eligible for legal aid, and it has not set out how it plans to review thresholds in future. One of the aims of MoJ’s 2013 reforms was to target legal aid at those who need it most. However, it did not create a...
Matched on
terms: legal
Committee recommendation
60match
#13 - 7th Report: Coronavirus (COVID-19): the impact on the legal professions in England and Wales
We recommend that the Ministry of Justice considers the Law Society’s detailed proposals for payment and repayment of monthly payments (to solicitors firms and not-for-profit providers) and that the Ministry of Justice reports back to us on whether it decides to adopt the proposals and, if not, provide the reasons for that decision.
Matched on
terms: legal
Committee recommendation
60match
#10 - 16th Report - Post Office Horizon scandal: Justice for sub-postmasters
The Government has not properly implemented Sir Wyn Williams’s recommendation to provide legal advice for HSS claimants. Sub- postmasters have already waited far too long for the redress they are owed. Requiring sub-postmasters to progress through the HSS without 39 legal support, merely to reach the stage at which they can obtain funded advice when appealing through the...
Matched on
terms: advice, legal
Committee recommendation
59match
#26 - Eighth Report - Post Office and Horizon - Compensation: interim report
It is deeply troubling, given the historical nature of Horizon, its complexity as a flawed IT system and in many cases a lack of records, that some claimants seem 26 Post Office and Horizon - Compensationn interim report to be preparing claims and accepting offers without appropriate legal and forensic accounting support. If claimants accept offers that have...
Matched on
terms: legal, loss
Committee recommendation
56match
#8 - 7th Report: Coronavirus (COVID-19): the impact on the legal professions in England and Wales
The furlough scheme has been very useful, with both solicitors’ firms and barristers’ chambers using it to reduce staff costs. We heard that the loan schemes were less helpful, particularly for small high street firms.
Matched on
terms: legal
Committee recommendation
55match
#11 - 16th Report - Post Office Horizon scandal: Justice for sub-postmasters
We welcome the fact that individuals appealing their awards under the Horizon Shortfall Scheme Appeals (HSSA) process are able to access funded legal advice, and we support the continuation of this provision. However, we are concerned that this should not create a gap in support for those eligible individuals who are still progressing through the Horizon Shortfall Scheme...
Matched on
terms: advice, legal
Committee recommendation
52match
#19 - Ministry of Justice still lacks sufficient data on litigants in person's impact on courts
On litigants in person, MoJ acknowledged that its data have not been good enough to understand the impact of LIPs on courts. However, it said that its court reform programme, which included the introduction of a common platform in criminal courts, will allow it to capture data about LIPs and more accurate data on hearing times. We asked...
Matched on
classifier match
Committee recommendation
52match
#27 - 3rd Report - The Future of Legal Aid
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.
Matched on
terms: legal
Committee recommendation
51match
#28 - Organisations express concern over lost face-to-face Help to Claim support and inadequate advice resources.
In written evidence, organisations who work with benefit claimants raised concerns about the fact that the Help to Claim service no longer included face-to-face support. The National Association of Welfare Rights Advisers said that the Department had reduced support at the very time when it was clear that there was going to be a higher need and commented...
Matched on
terms: advice, loss
Committee recommendation
48match
#21 - First Report - An analysis of the asylum system
There is also no systematic approach for capturing learning from upheld appeals, which could otherwise help reduce avoidable demand and unnecessary pressure on the appeals system.49 These issues have been intensified by pressures on the legal aid system, which the MoJ highlighted, noting that more individuals are now representing themselves and that this requires additional support from tribunal...
Matched on
terms: legal
Committee recommendation
43match
#20 - Extend Sexual Violence Complainants’ Advocate Scheme pilot to diverse demographic and geographic areas.
The Government should further pilot the Sexual Violence Complainants’ Advocate Scheme, first offered in Northumbria. This pilot should be extended to areas with differing demographic and geographic profiles. This would empower and support complainants to understand better and deal with requests to access third-party material or data from digital devices. We agree with the Criminal Bar Association that...
Matched on
terms: legal
Committee recommendation
35match
#15 - HMCTS reforms' impact on vulnerable users' access to justice remains inadequately understood.
HMCTS’s reforms are wide-ranging and have the potential to impact access to justice for a range of users, including vulnerable people. In both 2018 and 2019, we raised concerns that HMCTS had not sufficiently demonstrated that it understood how reforms would impact access to the justice system or the people using it, and that it had not adequately...
Matched on
classifier match