Legal aid in the UK has experienced a turbulant history to say the least. From its modern establishment in 1949 all the way up to the present changes of the 21st century, the qualification and funding of legal aid has been shrouded in economic and political oversight.
In this article, I will be providing a brief description of the UK's history with legal aid, some of the methods of qualification and the current issues facing the system.
What is Legal Aid?
In its most basic form, legal aid is money provided by the Government to those who cannot afford to cover legal costs. Legal aid is not however available to everyone, with persons usually having to prove a number of factors to receive the support, including the seriousness of the problem and the eligibility of the specific case.
The Current Assessments for Legal Aid in Criminal and Civil Cases
As I have mentioned above, legal aid is not available to everyone. There are different criteria individuals need to meet in order to receive legal aid, with these differing in criminal and civil cases.
Criminal Cases
In criminal cases, anyone who has been placed under arrest is entitled to legal advice at the police station.
If a case then reaches court, things change slightly. Anyone under 18 or receiving benefits such as universal credit can automatically qualify for legal aid.
If a defendant does not meet this criteria, they can go through a means test to determine their financial eligibility for legal aid. This test takes into account factors such as income, family circumstances and essential living costs (mortgages etc).
Civil Cases
When it comes to civil cases, the approach to legal aid works differently to criminal cases. Not all civil cases are eligible for legal aid, and so individuals have to show that the problem they are dealing with is serious.
There are similarities in that the decision will be based on factors such as income. However, even if someone does receive legal aid, they may have to repay their legal costs if they win money or property from the case.
A Brief Timeline of Legal Aid Developments in the UK
The first introduction of our modern system of Legal Aid in the UK was in 1949 under the Legal Aid and Advice Act 1949. The Act meant that legal support was available in all courts, but there were tests of merit and partial contributions required. This is still an aspect of the UK's modern system of legal aid. The administration of legal aid was also handed to the Law Society.
We saw a shift in legal aid in the 1980s. The first cuts to entitlement were instituted in 1986 after the expenditure on legal aid became a political concern. Total legal payments in 1986 had risen to £419 million a year, and this became a 'bone of contention' for governments who wanted to reduce expenditure.
As a result, the Conservative government of the late 80s cut the eligibility for legal aid to save costs. In 1979-80, 77% of households were eligible for civil legal aid on income grounds. By 1994-95, this percentage was just 47%.
During her time in Downing Street, Margaret Thatcher also transferred the administration of legal aid to the Legal Aid Board.
The 2012 Legal Aid, Sentencing and Punishment of Offenders Act (LAPSO)
Through the LAPSO in 2012, the UK saw immense cuts to legal aid. £751 million was cut from the £2.2 billion legal aid fund. This was done through removing large sections of public funding for social welfare law and reducing lawyer's fees.
“To help protect frontline services, we will find greater savings in legal aid and the courts system.” - Labour in their manifesto for the 2010 election. While they did not win the election, this quote shows that legal aid changes were in the agenda universally.
To see some of the effects of these drastic cuts, let's look at consequences for legal advice for welfare benefits cases. After LAPSO, legal advice for these cases was given to 478 people. In the year before LAPSO, this figure was 91,000. That is a staggering drop of 99% in the amount of legal advice being given for welfare benefits cases.
The Current Legal Aid Issues in the UK
After all of the cuts to legal aid the UK has seen throughout its history, it is fair to say that while it may have saved government expenditure, it has not had as positive effects elsewhere. Even in the past year, we have seen the consequences of legal aid cuts brought to light and scrutinised.
Towards the end of 2020, an investigation into the sustainability of legal aid took place. This was organised by Members of Parliament and called for urgent government investment into the legal aid system. Amongst other things, the inquiry looked at the consequences of the LAPSO and also the COVID-19 pandemic on legal aid sustainability. I have laid out below just a handful of the issues raised at the inquiry:
Solicitors doing criminal work cannot earn a living out of the profession.
Miscarriages of justice are likely.
The COVID-19 pandemic has put strain on an already weak system. This exposes the inequality of justice. (Karen Buck, Labour MP for Westminster North).
The decision to reduce the number of sitting days for judges made practice increasingly difficult for legal aid firms.
“The financial pressures were too great for a small firm like mine ... I had to give up criminal legal aid work. It became unsustainable. We need to create circumstances where young lawyers going into the profession [as legal aid-funded, criminal solicitors] have a future ... which I don’t think they have at this time.” - James Daly, a Conservative MP and solicitor, speaking to the inquiry.
Thank you for reading this article, I hope you found learning a bit more about legal aid in the UK interesting. This article was written in line with our Legal Aid Fundraiser week in partnership with SolidariTee. SolidariTee is a charity which raises money for legal aid for asylum seekers overseas. If you would like to donate to our fundraiser, please click here.
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