GMLC campaign volunteer Avaia Nightingale Williams summarises the findings of the Bar Council’s report on the state of justice following 10 years of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).
LASPO came into effect in 2013 and resulted in an inordinate overhaul of legal aid, with drastic impacts. Tens of thousands of people found themselves unable to bring legal actions for most issues in family, employment, welfare, benefits, housing or immigration matters, and eligibility was narrowed, meaning fewer people qualify for legal aid in the areas that remain.
Since LASPO’s enactment, the Bar Council, which represents barristers in England and Wales, have produced three reports assessing the impacts of LASPO. November 2022’s report takes a look at the situation a decade on. This report conclusively highlights the extreme pressures the justice system is under and the restrictions on access to justice.
Court closures
Since 2010, 43% of court buildings in England and Wales have been closed permanently. Whilst some of the cases which would have been assigned to such courts have moved to remote hearings, the staggering impact on access to justice is clear and unprecedented. Online access to courts can have value, especially for those with access needs who might find it difficult to travel to the court, but only when the system works properly and is adequately funded. That is not currently the case.
When clients are engaged with remotely, the level of support, advice and empathy they receive is not always adequate. This is particularly highlighted in domestic abuse cases or for clients with learning difficulties: many are not having their needs met due to remote hearings. It is reported that those attending hearings remotely are much less likely to effectively engage.
The current government threshold for accessing a court is that it should be accessible by travel of “under 120 minutes”. For most under the legal aid system, such travel comes with serious expense. With reports of some individuals walking for 2 days to attend family proceedings, the system is creating a deterrent to justice.
Cuts to legal aid
The Bar Council put it best: it is unanimously agreed that “the situation is so dire”. With cuts causing a snowball effect, increasingly practitioners are moving away from legal aid work and those that remain are overwhelmed by the number of people seeking advice. There are now many ‘advice deserts’, where some people, due to their location, are entirely unable to access legal aid support. Some of those are unable even to access free advice centres such as Citizens Advice or local Law Centres.
As is being echoed from advice centres to the judiciary, funding is needed early on, before action, not when lawyers are finally needed. Allocating funding at this level will allow those that do get to a stage where court action is necessary to have access to a lawyer and adequate advice.
Since LASPO, we have seen a sharp rise in Litigants In Person (LIPs) – people with no legal training or knowledge – having to study complex areas of law, handle the administration of their own case, and then represent themselves in front of a judge and against another party who is often represented by a lawyer. This is particularly being seen in the family and civil courts, where practitioners report that this causes overwhelming delays, causing further costs to an already stretched justice system.
Anti-lawyer political rhetoric
The report highlights serious concerns about the current rhetoric surrounding legal aid lawyers, particularly those practicing in immigration and human rights work. Only recently, an immigration solicitor’s life was threatened by a man wielding a knife in a “violent, racist attack”. Following numerous attacks on the profession by senior government ministers, many undertaking legal aid work are now branded “lefty lawyers” for representing clients that the government wants to disempower.
With the rhetoric and legislation that is being pushed through, including the Public Order Bill, it is apparent that the rule of law itself is under attack, with one practitioner stating that “[this] is a time to be scared”.
In conclusion, the direct impact of LASPO and the results from attacks on lawyers and legal aid are resulting in a justice landscape barren of justice. Most people are unable to access support or services and rely on friends, family and charity.
The system is broken. Without a drastic influx of funding and support, it may never recover. The Bar Council’s report is an invaluable commentary on the true state of the justice system following 10 years of cuts and attacks.
Avaia is currently undertaking the Barrister Training Course in Manchester. If you are interested in working with GMLC on increasing access to justice, either as a campaigner, practitioner or on an organisational level, you can email us at development@gmlaw.org.uk.
