Legal Services Policy
July 2009 Improving Access to Justice through Collective Actions
The final report by the Civil Justice Council to the Lord Chancellor, “Improving Access to Justice through Collective Actions: Developing a More Efficient and Effective Procedure” was submitted in November 2008. The paper followed two and a half years of extensive consultation and research and made several recommendations for bringing collective claims for compensation including:
The Report: Improving Access to Justice through Collective Actions.pdf
On 20th July, the government responded saying that it welcomed the report and its analysis. It concluded however that collective actions would be best taken forward on a sector by sector basis and that the creation of a generic right of action would not be appropriate. The Government will now develop a framework document setting out the issues to be addressed when introducing a right of collective action, with options and, where appropriate, a preferred approach. This will act as a ‘toolkit’ for policy makers and legislators.
The government adds that it will be for the relevant Government Departments to decide whether to consider introducing collective actions in any given sector and the timetable for doing so. Work on the framework document and generic rules will begin in the second half of 2009, and be led by the cross-Government official working group.
Government Response: Government Response 20th July 2009.pdf
Research by Prof. Rachael Mulheron, ‘Reform of Collective Redress: A Perspective of Need’ (2008) : Collective Redress Prof.Mulheron_.pdf
Report by Prof. John Peysner and Angus Nurse, ‘Representative Actions and Restorative Justice’ (2008) : Representative Actions Prof.John Peysner Dec 08.pdf
Link: Civil Justice Council
July 2009 Pro Bono Costs Orders
Since October 2008, Courts in England & Wales have had the power to order a losing party to make a payment to The Access to Justice Foundation, under section 194 of the Legal Services Act 2007 – a “pro bono costs order”. The first pro bono case to produce the first substantial Section 194 order was in July 2009. Lawyers acting for free on behalf of housing charity Shelter saved a vulnerable family from eviction and obtained the first substantial Section 194 “pro bono costs order” for £20,000 in the process, which will be recycled to help others get free legal help in the future.
Press Release: Order for Costs Section 194 07.09.pdf
Leaflet on Section 194 Orders: Leaflet on Section 194 2008.pdf
Link: Access to Justice Foundation
July 2009 Office for Legal Complaints
The Office for Legal Complaints (OLC) has been established by the Legal Services Act 2007 to make sure users of legal services can go to an independent and impartial Ombudsman scheme to resolve disputes involving their lawyer. They will be the single body for all consumer legal complaints. The new organisation formally came into being on 1 July 2009. They will begin to resolve complaints in the second half of 2010.
OLC launch document, Towards Establishing the Office for Legal Complaints.pdf, sets out OLC’s approach to creating a scheme that will resolve disputes fairly and effectively.
Link: Office for Legal Complaints
June 2009 Recession and demand for civil legal services
The Legal Services Commission published an article by Professor Pascoe Pleasence and Dr Nigel J. Balmer on the impact of the recession on legal services in the June edition of their magazine, Focus.
Their findings suggest, ‘The association of job loss with social welfare and family-related problems suggests that increased demand will be directed primarily towards public funded legal services.... The current recession will present a particular challenge to the provision of public funded legal services. Increased demand set against a backdrop of pressure on public spending will be tough to manage. But, one potential silver lining of the recession may be that it presents an opportunity for the real social value of public funded legal services to be demonstrated and appreciated far beyond the ranks of those working in the field.’
A copy of the article is here: Recession and demand for civil legal services June 09.doc
Pascoe Pleasence is the Academic and Scientific Adviser at the Legal Services Research Centre, Legal Services Commission and Professor of Empirical Legal Studies, University College London.. Dr. Nigel J. Balmer is Principal Researcher, Legal Services Research Centre, Legal Services Commission, and Honorary Senior Research Fellow, University College London.
Link to Legal Services Research Centre
On 10th July, Citizens Advice published a report ‘No Time to Retire’ making the case that the need for civil legal aid has soared during recession. The Report: No Time to Retire Citizens Advice 10.07.09.pdf
Other Reports
ACAS Paper: ACAS Recession What the future holds 06.09.pdf
TUC Report: TUC Recession Report June 2009.pdf
June 2009 Legal Aid at 60: Bridging the Justice Gap
In April 2009, Legal Action Group started a series of articles on Bridging the Justice Gap to mark the anniversary of the Legal Aid and Advice Act 1949.
Legal Aid in the Recession (April 2009) by Steve Hynes, LAG’s director, discusses the recession and its likely impact on creating demand for legal services: Legal aid in the Recession.pdf
The Poor Man’s Lawyer service: a precursor to Legal Aid (May 2009) by Ben Spencer, a law student and member of LAG’s board, discusses one of the first examples of the provision of free legal advice, ie, the Poor Man’s Lawyer service, and considers the impact of the service on the development of legal aid. Poor Mans Lawyer Service LAG.pdf
In June, Legal Action Group published ten proposals for improving legal aid. A copy is here: LAG’s 10 Proposals June 09.doc
In August, LAG published an article by Steve Hynes on the development of legal aid policy in the early years of the current government: Legal aid development LAG August 2009.pdf
Copy of Speech made by Steve Hynes, Director of LAG at the ‘Legal Aid at 60’ conference on 11th June: Steve Hynes Conference Speech.doc
Bar Council Leaflet on Legal Aid: Legal Aid - 60 Years of Public Service by Barristers.pdf
On the day to celebrate the annivesary of the start of legal aid - 30th July - LSC Chief Executive wrote in the Guardian:
Article and reply from Steve Hynes at Legal Action Group: Guardian Carolyn Regan 30.07.09.doc
Press Releases from the Law Society and Bar Council: Law Society and Bar Council 30.07.09.doc
June 2009 Rights Within Reach: Developing Effective Legal Advice Outreach Services for Young People
This joint report from the Law Centres Federation and Youth Access puts forward a blueprint for legal advice services for young people. It finds that new technology is not the way to reach teenagers and young adults hit by the recession. Instead, young people prefer to get advice about their problems from a face to face service targeted specifically at them.
Summary: Rights Within Reach Summary.pdf
Full Report: Rights Within Reach Full Report.pdf
May 2009 Access to Justice Review
To mark the 60th anniversary of legal aid, the Law Society is conducting a review into the provision of publicly funded criminal and civil legal services in England and Wales. Andrew Caplen, chair of the Law Society’s Access to Justice Committee will lead the Access to Justice Review. A preliminary report will investigate four main areas:
The Law Society will produce the report by the end of the year. A public consultation will follow with a final report being delivered by July 2010.
Link to the Law Society’s ‘Defending Legal Aid’ website: Defending Legal Aid.
Paper by Roger Smith, Director of Justice: Gazette Roger Smtih 28.05.09.doc
April 2009 LSC 2010 Civil Bid Rounds
The Legal Services Commission received over 350 responses to their consultation earlier this year. Following their analysis of responses they are developing final proposals for the Civil Bid Rounds for 2010 Contracts. They aim to publish these in June 2009, in advance of bid rounds which they expect to begin in September.
LSC Analysis of Responses: LSC Civil Bid Rounds 2010 Contracts Responses 04.09.pdf
The Legal Services Commission’s consultation on civil bid rounds for 2010 began on 31st October 2008.
LSC Consultation Paper:
Civil Bid Rounds for 2010 Contracts Oct 08.pdf
The LCF held consultation meetings with Law Centres prior to making the submission below. The main comments cover:
* The timing of the consultation and the introduction of the new scheme
* The proposals around the grouping of areas of social welfare law
* The introduction of a new discrimination\equality category of law
* The inclusion of social outcomes in the procurement process
* The humanisation of service delivery
Law Centres Federation Response: LCF Response to LSC Consultation on Civil Bid Rounds 2010 Jan09.pdf
Response Cover: LCF Cover.pdf
April 2009 LSC Strategic Plan 2009 -2012
The Legal Services Commission’s Strategic Plan 2009 -2012 ‘Legal Aid – Fair Access to Justice’ was published in April 2009: Strategic Plan 2009.pdf
Sir Bill Callaghan, Chair, Legal Services Commission and Carolyn Regan Chief Executive, Legal Services Commission report, ‘Last year we completed a review of our structure, which resulted in re-organising into three directorates – Commissioning, Business Support, and Corporate Services. The structure at senior and middle management levels has also been reviewed and streamlined to ensure that we have the right people in the right roles. Over the next three to five years we will move our administrative processing work into five sites, whilst retaining a regional presence to ensure our local knowledge and relationships with providers are maintained.’
The plan to move LSC staff from the Cardiff Office to Bristol has been challenged. A report on the proposal by the House of Commons Welsh Affairs Committee is here: LSC Cardiff Office 05.09.pdf
‘The total budget for the LSC is just over £2 billion per annum. Over the period 2009-2012, the legal aid fund will remain constant. Over the same period we will continue to work towards reducing our administration spend by approximately £27m against projected spend.’
LSC’s previous strategic plan was published in June 2008: Strategic Plan 2008-11 12.06.08.pdf
March 2009 Implementing the Legal Services Act
Legal Services Act 2007 which received Royal Assent in October 2007 set out a framework for reform, which include setting up a Legal Services Board and an Office for Legal Complaints and enabling legal services to be provided under new business structures. On 31st March 2009. the Ministry of Justice, the Legal Services Board (which oversees the regulation of lawyers in England and Wales), and the SRA (the independent regulatory body of the Law Society of England and Wales) issued a joint news release announcing the introduction of Legal Disciplinary Practices.
Ministry of Justice Press Release: Introducing Legal Disciplinary Practices
‘For the first time, by forming Legal Disciplinary Practices (LDPs), law firms can be owned by different types of lawyers, and a proportion of non-lawyers. LDPs are an important milestone on the journey to alternative business structures, which will allow for full non-lawyer ownership.’
