Legal aid cut backs

As part of the Governments election promise to cut the budget deficit the public expenditure committee has been asked to publish a spending review in October. In order to make the decision as to where cuts should fall they have asked each department to report what they would do curt their overall budget by 20-40%. Ken Clarke has recently submitted these proposals on behalf of Ministry of Justice.

The initial reports on the proposals being put forward look encouraging for family solicitors and major child care lawyers like Brendan Fleming Solicitors. It is likely that Legal Aid may be taken away for Ancillary relief (the property side of divorce). However it seems at the moment as though other crucial areas of family law (care services, contact, social services, residence, injunctions, care proceedings etc.) will be protected against cuts. This is something that Brendan Fleming Solicitors feel will help protect children and their parents who are often at most risk and in need of the support of a trusted solicitor.

There have been indications that amongst the cut will be serious changes to the criminal defence market. Fewer contracts will be awarded, most going to big firms in a bid to drive down costs. We may also see the resurrection of competitive tendering (The process of awarding contracts by inviting bids from a number of firms). The previous government had sought to reduce the total number of criminal defense firms by 75% although the coalition’s view on these figures is not known. Rates will be reduced so that a solicitor must charge the same amount for spending time discussing a case in person and on the phone. Other savings will come from cutting lawyers fees in the most serious and expensive criminal cases.

The civil budget will face a greater share of the cuts due to the fact that the previous Legal Aid minister had ring-fenced this budget leading to it occupying a disproportionate share of the overall budget. It is likely that proposals will include limiting the Legal Aid available to immigration solicitors for appeals. The budget for judicial reviews in human rights cases is also likely to face a drop.

Other proposals that could be introduced include increasing the sentencing powers of the magistrate’s court (from a maximum of six months to twelve months). This would reduce the number of cases that would have to be heard in the (more expensive) Crown Court. The Ministry of Justice may also be looking at other funding sources for legal aid and the possibility that people may be required to take out insurance against the possibility of legal action.

At Brendan Fleming Solicitors we will keep you informed of how and when any potential cuts will affect you, especially with children’s cases and when parents are opposing the local authority. Check back to our website for the most up to date news on any cuts that might affect Legal Aid cases.