Member News
By Tony Grew - 22nd June 2011
The government's plans for legal aid have been criticised by the Law Society.
Yesterday justice secretary Ken Clarke announced an overhaul the £2bn system of legal aid "to curb spiralling legal costs and unnecessary court action which have combined to create a damaging fear of compensation culture".
Legal aid will be retained for cases where people’s life or liberty is at stake, where they are "at risk of serious physical harm, or immediate loss of their home, or where their children may be taken into care".
It will no longer be available for squatters resisting eviction and most immigration cases and there will be means testing for all applicants.
The Law Society launched the Sound off for Justicecampaign, made up of a coalition of groups and individuals opposed to the government's plans.
Des Hudson, chief executive of the Law Society, said the planned legislation will disproportionately impact upon the most needy and the least able to defend themselves.
"The existing system of legal aid provides a crucial safety net for some of the most vulnerable people in our society - the elderly, the disabled, the abused, children and the mentally ill - suffering from some of the most complex problems relating to homelessness, destitution, domestic violence and separation of families," he said.
"Ministers propose removing housing, employment, family, money and debt advice from the legal aid scheme in one fell swoop.
"As well as removing entire areas of law from the legal aid scheme, ministers are also planning to slash the level of eligibility for civil legal which mean most homeowners in the South East won’t be able to qualify.
"Those people on state benefits such as Jobseekers’ Allowance will no longer automatically qualify.
"At present just over one third of the population (36 per cent) is entitled to legal aid, compared to 80 per cent when the scheme was introduced more than 60 years ago."
Hudson said that for every one pound of legal aid spent, it is reckoned that the state potentially saves £8.80.
Justice minister Jonathan Djanogly said the system is in need of urgent reform and is already overstretched by the sheer numbers of people bringing their problems before the courts.
"These reforms will ensure that we have a legal aid system which is targeted at those who need it most, in the most serious cases, as well as providing value for money to the taxpayer," he said.
"Together with our proposed reforms to no win no fee deals and the ways civil disputes are settled, these proposals mark a retreat from a dangerous slide towards a litigious compensation culture, and to encourage greater use of the range of opportunities available for people to solve their disputes.
"Mediation for example can be cheaper, quicker, simpler and result in better outcomes for many people."
Have your say...
Please enter your comments below.