Legal News

Law Society to carry out legal aid 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 review. A preliminary report will investigate four main areas:

• The principles of access to justice. Access to justice is a fundamental component of a democratic society. Any rights people have can be meaningless if they do not know about them or do not have the means to enforce them.

• The funding of legal services. How best can legal aid services be funded? Is there sufficient funding?

• The procurement of legal services. Legal aid was originally administered by the Law Society, then by the Legal Aid Board. In 2000 the Legal Services Commission (LSC) became responsible for commissioning the provision of legal aid services. The LSC is now beginning to experiment with competitive price tendering. How best can quality legal aid services be commissioned?

• The delivery of legal services – how might legal services be supplied in the future?

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.

Andrew Caplen said: “The recession means that the need for legal aid will undoubtedly increase; more people will be financially eligible due to unemployment. The recession will lead to an increase in housing, family and mental problems. The Law Society wants to ensure publicly-funded legal services are there to help put people back on their feet.

“The access to justice issues the review will address are fundamental in any civilised society and vital to any democracy. I welcome this initiative which will raise the profile of access to justice issues in the lead-up to the next election. It is essential that the Criminal Defence Service, as part of the criminal justice system, is able to meet any increased demands placed upon it by the recession.”