Having access to legal aid regardless of your stature, wealth or location is a fundamental right in the UK and is pivotal to upholding the rule of law.
However, recent findings indicate that tens and even hundreds of thousands of individuals across the nation do not have legitimate access to proper legal aid when they depend upon it most.
A recent report from UUֱ shows that the nation is littered with legal aid desserts – where local demand outstrips local authority supply – in relation to criminal, housing and family legal support.
12.45m people live in legal aid deserts for housing
1.09m people live in legal aid deserts for family
2.12m people live in criminal legal aid deserts.
Download the UUֱ Legal Aid Deserts report for free here.
Director of Legal at UUֱ, James Harper, says:
“At UUֱ, the rule of law plays a central role in our purpose as an organisation – and providing people with access to legal representation, regardless of where they live or how much they earn, is fundamental to upholding the Rule of Law."
"This report highlights the millions of people throughout the UK who live in legal aid deserts with limited or no access to legal aid providers."
"The aim is not to place blame. Instead, we want to drive the conversation about how we, as a legal community and as a society more broadly, can better support our country’s most vulnerable people."
The government recently announced that it will perform a complete review of civil legal aid – but is this a light at the end of the tunnel, or too little too late?
While many news outlets have been pushing the government for comment on its plans, it appears that the is the first official confirmation that a full review of the sector is in fact being undertaken.
A 95-page report inquiring into civil legal aid was published last year, strongly indicating that an official review of the entire sector is expected to take place.
Stephanie Boyce, President of the Law Society at the time said she welcomed the review…
"The government will need to consider how it can support firms whilst the review is taking place. The legal aid provider base is in crisis and the spiralling cost-of-living will only add to the existing financial pressures."
CEO of FRU (The Free Representation Unit), David Abbott, has provided commentary for the latest UUֱ report which delved into the increasing commonality of legal aid deserts in the UK
"This work by UUֱ is an important contribution to an objective description of the scale of unmet legal needs in England and Wales. Each day, FRU receives calls from these and other areas where there is no local source of legal help and we can't help."
When the Government proposed tax cuts that would benefit those in higher income brackets, Abbott went to asking lawyers, and anyone else who would benefit from the tax cuts to donate their additional wealth to help improve access to justice and to fund pro bono work.
“Our clients need our help to protect their basic income and their legal rights. The cost of living crisis is driving people into absolute poverty.”
He added: “Anyone who has benefited from the tax cuts announced today can invest their good fortune in helping the least fortunate. Donors can make a huge impact by unleashing the potential of pro bono legal help.”
The state of the civil legal aid system has now got so bad that barristers have incited strikes over work conditions and pay.
While striking barristers in England and Wales have since ended strike action based on a £54m deal being struck, only a 57% majority of voters agreed to the government's proposal. This greatly suggests that the other 43% are still not happy with the revisions that the ministry has agreed to.
It’s a great start to reforming the sector, but is it enough, and what does the future hold for civil legal aid lawyers?
Three things are still abundantly clear:
The current system is failing both lawyers and legal aid users
Legal aid demand is not meeting supply in most regions
More funding is needed to ensure a fair and just legal aid system
If you want to learn more about the state of legal aid in the UK or want to find out more about legal aid deserts, then read the latest report from UUֱ.
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