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Submission Cover Sheet
1. Introduction
1.1The dizzying1 cuts caused by the act of vandalism2 that is the Legal
Aid, Sentencing, and Punishment of Offenders Act 2012 (LASPO) 3 has
created an uneven landscape of legal assistance in England and
Wales today.4
1.3There is, however, some hope in that 89% of people surveyed by The
Guardian support pushing provision of Legal Aid to disadvantaged
groups.7 It is wished that this hope can be made a reality following this
upcoming legislative review, and that the playing field will level out,
giving vulnerable people a fair chance to receive Legal Aid.
1 S Shackle, How Legal Aid cuts are harming the voiceless and most vulnerable
(The New Statesman, 13th January, 2014) accessible at
http://www.newstatesman.com/politics/2014/01/how-legal-aid-cuts-are-harming-
voiceless-and-most-vulnerable - Accessed April 15th, 2017
2 C Baksi, Civil Legal Aid: Access Denied (The Law gazette, 7th April, 2014)
Accessible at https://www.lawgazette.co.uk/law/civil-legal-aid-access-
denied/5040722.article - Accessed April 16th, 2017
3 Legal Aid, Sentencing, and Punishment of Offenders Act 2012
4 Cuts That Hurt: The Impact of Legal Aid cuts in England on Access to Justice
(Amnesty International UK, October 2016) 3
5 Legal Aid, Sentencing, and Punishment of Offenders Act 2012: One Year On
Final Report (Bar Council, September 2014) 11
6 supra note 4 at 4, 10
7 O Bowcott, Access to justice a greater concern than free healthcare poll (The
Guardian, 13th April 2015) Available at
https://www.theguardian.com/law/2015/apr/13/justice-concern-free-healthcare-
yougov-poll-legal-aid-cuts Accessed April 18th, 2017
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2.1The aim of targeting Legal Aid to those who need it most 10 is self-
explanatory. Officially, there is no definition of the group entitled those
who need it most, however it is our view that this group must include
the vulnerable in society - those with severe learning difficulties,
mental health issues, cognitive problems including sensory failure and
conditions such as dementia.
2.2In theory, the above reform should benefit people in this group, as they
are at a severe disadvantage to other people without such issues, and
consequently are the most in need.11
8 R Miller, The End of the World as we knew it? (Legal Action, April 2013) 10
9 M Fouzder, At last: MoJ announces timetable for LASPO review (The Law
Gazette, 18th January 2017) Available at https://www.lawgazette.co.uk/law/at-last-
moj-announces-timetable-for-laspo-review/5059442.article - accessed April 16th,
2017
10 Impact of changes to civil legal aid under Part 1 of the Legal Aid, Sentencing,
and Punishment of Offenders Act 2012, Eighth Report of Session 2014-15 (House
of Commons Justice Committee, 12th March, 2015) 3
11 supra note 4
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2.4The statistics above prove two points: First, not enough ECF
applications are being granted; and second, that the Government is not
doing enough to ensure that society is aware of the services available
to them.
2.5The fact that LASPO has harmed access to justice15 for some
members of society has affected vulnerable people detrimentally and
disproportionately. The system that has emerged makes even harder
the task of accessing justice for someone who is impaired and unable
to understand various situations. This further limits vulnerable peoples
access to vindication of their Article 6 rights 16 and thus undermines the
rule of law. The group of people in most need cannot, except with help,
understand legal situations and proceedings properly, putting them at
a disadvantage to those who are unimpaired. It is this disadvantage
that LASPO aims to alleviate. However, presently the Act is seemingly
widening the gap into a two-tier17 system of those who can, and
those who cannot afford legal assistance.
2.6The two-pronged fork resulting from the poorly organised Act is the
denial of effective access to justice for members of society a black
mark on the Governments Human Rights record 18; and the further
marginalisation of those on the fringe of society. It is clear that cost
cutting in the wrong areas and without adequate prior research 19
causes inherent problems, including the inadvertent failure of an
objective of the reforms set out by LASPO.
12 supra note 5 at 41
13 supra note 4 at 24; see also Legal Aid Statistics in England and Wales (Legal
Aid Agency, 2013-14 Ministry of Justice Statistics Bulletin, 24th June, 2014)
14 Implementing Reforms to Civil Legal Aid (National Audit Office, 20th November
2014) 7
15 supra note 10
16 Article 6, European Convention on Human Rights 1950; see also Article 6,
Human Rights Act 1998
17 supra note 4 at 36
18 The UKs Compliance with the United Nations Convention on the Rights of the
Child Eighth Report of the Session 2014-15 (House of Lords and House of
Commons Joint Committee on Human Rights, 18th March 2015) 35
19 Proposals for the Reform of Legal Aid in England and Wales Response of Bar
Council of England and Wales to the Consultation Paper CP12/1 (Bar Council,
2011) 25
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3.5LASPOs negative impacts have led to calls for the Ministry of Justice to
identify the wider costs of LASPO as part of the full evaluation of the
reforms due in 2018.29 The 2018 review comes at a sizeable cost to the
taxpayer, alongside the problems caused by non-recipients of Legal Aid
having to use other public services such as the NHS as a result of the
lack of assistance they have been afforded. Whilst it is apparent that
the Government saved money in the short term, thus achieving one of
their objectives, it is also apparent that in the long term, the taxpayer
will find themselves paying for further reviews, public services, and
various additional public costs accrued directly as a result of LASPO. 30
4. Recommendations
4.1Following our analysis of the reforms to the Legal Aid structure through
LASPO, we wish to make recommendations to the Ministry of Justice
which will, in our view, benefit society as a whole from the
Government, to legal professionals, recipients of Legal Aid; and
taxpayers.
28 supra note 4
29 Implementing Reforms to Legal Aid: Thirty-sixth report of Session 2014-15
(House of Commons Committee of Public Accounts, 19th January, 2015) 7
30 supra note 14
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31 O Bowcott, Legal Aid shakeup hands lifeline to domestic violence victims (The
Guardian, 23rd February, 2017) Available at
https://www.theguardian.com/law/2017/feb/23/legal-aid-domestic-violence-law-
courts - Accessed April 14th, 2017
32 supra note 4 at 4; see also R Susskind: Verbal evidence The Crisis in the
Justice System in England and Wales Interim Report (Bach Commission/Fabian
Society, November 2016) 20
33 supra note 10
34 Legal Services Commission, Funding Code Chapter 27 (2011), 3C-635
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Bibliography
Legislation
Impact of changes to civil legal aid under Part 1 of the Legal Aid,
Sentencing, and Punishment of Offenders Act 2012, Eighth Report of
Session 2014-15 (House of Commons Justice Committee, 12 th March, 2015)
Legal Aid Statistics in England and Wales (Legal Aid Agency, 2013-14
Ministry of Justice Statistics Bulletin, 24th June, 2014)
The UKs Compliance with the United Nations Convention on the Rights of
the Child Eighth Report of the Session 2014-15 (House of Lords and
House of Commons Joint Committee on Human Rights, 18 th March 2015)
Cuts That Hurt: The Impact of Legal Aid cuts in England on Access to
Justice (Amnesty International UK, October 2016)
Legal Aid, Sentencing, and Punishment of Offenders Act 2012: One Year
On Final Report (Bar Council, September 2014)
Proposals for the Reform of Legal Aid in England and Wales Response of
Bar Council of England and Wales to the Consultation Paper CP12/1 (Bar
Council, 2011)
Baksi C, Civil Legal Aid: Access Denied (The Law gazette, 7th April, 2014)
Accessible at https://www.lawgazette.co.uk/law/civil-legal-aid-access-
denied/5040722.article - Accessed April 16th, 2017
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Fouzder M, At last: MoJ announces timetable for LASPO review (The Law
Gazette, 18th January 2017) Available at
https://www.lawgazette.co.uk/law/at-last-moj-announces-timetable-for-
laspo-review/5059442.article - accessed April 16th, 2017
Miller R, The End of the World as we knew it? (Legal Action, April 2013) 10-
11
Shackle S, How Legal Aid cuts are harming the voiceless and most
vulnerable (The New Statesman, 13th January, 2014) accessible at
http://www.newstatesman.com/politics/2014/01/how-legal-aid-cuts-are-
harming-voiceless-and-most-vulnerable - Accessed April 15th, 2017