The Low Commission has published their report on the future of advice and legal support. “Tackling The Advice Deficit” it suggests strategies for access to advice and support on social welfare law (The lack of the same which prompted the Legal Notebook into creation in the first place.)
It states the executive summary that “These cutbacks have destabilised and reduced the advice and legal support sector at a time of increased need. As a result, instead of saving money, the cutbacks are very likely to end up costing more elsewhere in the system.”
Among suggesting greater digital resources and national help lines to advise people in need, so as to free up more “face time” where its needed, it advocates:
“The Ministry of Justice (MoJ) should conduct a ‘sense check’ review of the matters excluded from the scope of the LASPO Act and consider reinstatement of some provisions – including, in particular, housing cases involving disrepair and the right to quiet enjoyment – to ensure that there are no inconsistencies between its stated aims and practice.”
On top of this it also recommends “reducing preventable demand” by simplifying the law and a stronger focus on getting the law right the first time. With an example made of DWP paying towards costs where appeals are upheld at the tribunal. Which I know would make a lot of people happy (looking at ilegal.org and similar places).
It also opines for a more collaborative and open advice sector. Akin to what some local organizations like GRAPE (Growing Real Advice Services Provision in Ealing) are doing at the moment. In doing so it asks for a setup of a national strategy for advice and legal support and asks local authority to commission or co-produce a report for local advice and legal support plans.
It Summarizes its recommendations as follows:
Our six overarching recommendations are:
● Public legal education should be given higher priority, both in the school alongside financial literacy, and in education for life, so that people know their rights and know where to go for help.
● Central and local government should do more to reduce preventable demand (for example, by requiring the DWP to pay costs on upheld appeals).
● Courts and tribunals should review how they can operate more efficiently and effectively (for example, through adapting their model of dispute resolution at every stage to meet the needs of litigants with little or no support).
● The next UK government should develop a National Strategy for Advice and Legal Support in England for 2015–20, preferably with all-party support, and the Welsh Government should develop a similar strategy for Wales. There should be a Minister for Advice and Legal Support, within the MoJ, with a cross-departmental brief for leading the development of this strategy.
● Local authorities, or groups of local authorities, should co-produce or commission local advice and legal support plans with local not-for-profit and commercial advice agencies.
● The next UK government should establish a ten-year National Advice and Legal Support Fund of £50m pa, to be administered by the Big Lottery Fund, to help develop provision of information, advice and legal support on social welfare law in line with local plans.Urgent action is also required to address the application and funding problems arising with section 10 of the LASPO Act on exceptional funding arrangements. These were intended to act as a safety net to guarantee the funding of cases that would ordinarily be out of scope for legal aid funding, but where either human rights or EU law require the provision of legal aid. The evidence to date is that these arrangements are not working.
We believe that by investing in a wider range of information and advice, with some legal help and representation, many of the undesirable consequences of the LASPO Act can be avoided and we will end up saving money.
The full report can be read here and is well worth a look
