Legal Aid: Post-Implementation Review — House of Commons, 2019-02-07
Topic: Law and Crime
David Michael Gauke (Conservative, Centre-right): With permission, Madam Deputy Speaker, I will make a statement to inform the House that we have concluded our post-implementation review of parts 1 and 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012—better known as LASPO—as well as the outcome of our inquests review Earlier today, I tabled all three reviews for consideration by both Houses alongside a new legal support action plan, which sets out how we will build on those findings. After an extended period of expansion that resulted in an annual spend of over £2 billion, the coalition Government brought in part 1 of LASPO to make significant changes to the scope of, eligibility for and fees paid under legal aid. This was essential to bring spending under control and to target the limited resources available at the most vulnerable and the highest priority cases The extent of the changes introduced by LASPO meant that the Government committed to carrying out the comprehensive review I have published today. Throughout a year-long process of extensive evidence gathering and analysis, we have engaged with more than 100 different stakeholders, professionals, providers and, of course, many in this House and the other place, drawing together a wealth of research and evidence to inform this detailed review We have heard that the legal aid system has, for too long, focused solely on delivering publicly funded advice and representation, at the expense of understanding how we can help people to find early resolutions and avoid court disputes. Legal aid is, and will remain, a core element of the support on offer, and last year the Government spent £1.6 billion on legal aid funding We want to move forward with a new vision, focusing on the individual and their needs, whether that be through legal aid or otherwise. We will provide a breadth of tailored support that increases our ability to intervene earlier and catch people’s problems sooner, before they escalate. We must deliver a system that enables people to receive the type of legal support that is right for them and at the right time I am therefore delighted to publish, alongside this review, our new legal support action plan. The action plan responds to the evidence and includes immediate action to ensure vulnerable people, particularly children, can access legal aid when it is needed. We will launch a review of the legal aid means-testing framework, specifically focusing on the thresholds and criteria in place for a person to qualify for legal aid; simplify the exceptional case funding scheme to ensure it works effectively; expand the scope of legal aid to include immigration matters for unaccompanied and separated migrant children, and to cover all special guardianship orders in private family law cases; and reinstate immediate access to face-to-face legal advice in discrimination, debt and special educational needs cases However, we also need to collect further evidence on what works and at what stage. We will invest up to £5 million of funding to encourage and support providers to develop new and innovative services; double support for litigants in person to £3 million for the next two years; launch several support pilots that will test how effective legal support at an early stage can help people avoid the escalation of problems; and test and evaluate the benefits of early advice in an area of social welfare law Elsewhere, I am also announcing today that we will continue to support dedicated criminal legal aid practitioners by completing a comprehensive evaluation of the criminal legal aid fee schemes and structures. Separately, I have published the Government’s review of the changes made by part 2 of LASPO, which introduced a number of changes recommended by Sir Rupert Jackson aimed at reducing costs in civil litigation. The evidence gathered indicates that those objectives have been met. Fewer unmeritorious cases are being taken forward and access to justice at proportionate cost is generally being met Today I have also published the outcome of a separate year-long review of the provision of legal aid for inquests. The review was commissioned in response to a number of key independent reports and their recommendations. This final report is the culmination of that thorough review, which was undertaken with senior coroners, the legal profession and other key stakeholders, as well as, most importantly, bereaved families themselves. It considers a number of specific concerns and looks to where we can make further improvements, including improving guidance and advice; ensuring that the inquest process is more sympathetic to the needs of bereaved families; looking into further options for the funding of legal support at inquests where the state has state-funded representation; and working closely with other Government Departments The publications I have launched today mark not only the completion of hard work already undertaken but the beginning of doing more to meet our challenges. I place on record my thanks to everyone who has contributed evidence and expertise to these three reviews. It is essential that this engagement continues, that we collect more evidence, exploring with our partners and stakeholders innovative ways of supporting people to access the justice system, and that we place early intervention firmly at the heart of legal support I commend this statement to the House.