The LASPO Bill has caused much controversy throughout its journey to royal ascent on 1 May 2012. The government maintains that, with the implementation of the LASPO, there will be projected savings reaching a grand total of £350m.
Here, we take a brief look at the some of the main implications of this Bill, proposed to come into force in April 2013.
Legal Aid Cuts:
Many individuals, who would have been eligible in the past, will now find themselves outside the scope of legal aid as dictated by Part 1 of the LASPO. Some of the casualties include employment law, private family law and welfare benefits. No longer will cases be within the scope of legal aid unless specifically excluded: in fact, only those cases specifically recorded in the Bill will be eligible. The only apparent exceptions are cases where the refusal of legal aid would be a breach of an individual’s Convention rights or their right to provision of legal services under European Union law, or where the services in question relate to advocacy required for inquests in specific cases.
What will the ramifications of these cuts be? We are led to believe that the cuts will result in a saving of £350m: the flip side of the coin is a significant drop in access to justice. The legal aid scheme has always been founded upon that vital principle of access to justice. Reality dictates that the cuts will mean fewer vulnerable individuals will have the support they need to run their cases through to completion; furthermore, many valid claims may go unrecognised. Equally it may be that, without prudent legal advice, individuals run unmeritorious cases which will result in throwing good money after bad.
Looking at the wider picture of the effect on the court system, the forecast is not much brighter. The already overloaded courts will no doubt become saturated with litigants in person, the result being that cases become more protracted. This is a particular concern given the nature of family/employment/debt cases, where the stakes are understandably high for the individuals involved.