Careers
Stephanie Boyce, Vice President of The Law Society of England and Wales reflects on the impact of Covid-19 on legal aid firms and in turn some of the least represented groups in society
O
ur society is built on the law and legal rights – whether seeking protection from domestic abuse, being made homeless or being accused of a crime. Legal aid offers a much-needed lifeline to society’s most vulnerable – including those with protected characteristics, on low income or in volatile home situations – who all rely on the legal aid system to help them enforce their rights. The government’s 2012 Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) had a devastating impact on people’s ability to access justice. Hundreds of thousands of people suddenly became ineligible for legal aid overnight – forcing them to navigate the legal system unrepresented. Now our legal aid system faces another threat to its survival. Many legal aid firms were on the brink before the Covid-19 pandemic but it is now quite clear that there is a serious risk of sectoral collapse if they do not receive more support. Even before the pandemic, firms were facing growing overheads and legal aid fees which haven’t increased in years – making it all the more difficult to stay afloat. Due to Covid-19, they are now facing a loss of business as well. Firms are doing what they can with the funding available to them – the furlough scheme, the rates relief for small businesses, the Business Interruption Loan scheme and others. Once the furlough scheme ends however, many firms – crime specialists in particular – will find themselves having to pay salaries to staff without sufficient work for them to do, as the courts are far from running at full capacity. The alternative is to make staff redundant; a choice that I know will be a very difficult one to take. The Legal Aid Agency (LAA) has also made amendments to its provisions for hardship payments and payment on account within the legal aid scheme but this simply isn’t enough to save firms from collapse. According to the LAA’s most recent civil legal aid statistics, women comprise 60% of clients in civil representation cases – which includes matters such as family and housing law – and 94% of clients in domestic violence cases. The proportion of Black, Asian and Minority Ethnic clients and clients with disabilities in legal help cases is also higher than in the general population. The LAA statistics show that across civil legal aid, the number of legal aid provider offices completing work has fallen by a quarter over the past five years. If firms specialising in civil legal aid were to close due to the pandemic, people with these protected characteristics would be disproportionately affected. It is already incredibly difficult for people to access legal aid and in some areas, there are growing legal aid deserts – making it difficult for people to access the advice they need. According to data analysed by the Law Society in 2019, 37% of the population live in a local authority area with no housing legal aid providers. Without legal aid firms, many more will be 30 | LegalWomen
forced to navigate the justice system alone – slowing down court proceedings and adding strain on the public purse. The criminal legal aid system has also been badly affected. Government figures show that there are now 10% fewer criminal legal aid firms than in 2010. Figures from July 2020 show that 125 criminal legal aid firms have closed since 2019. Considering that these solicitors are expected to cover every police station and court in the country, this could mean those accused of crimes having to represent themselves. Legal aid is a public service and the government has an obligation to ensure a supply of legal aid lawyers. Early in the pandemic, the Law Society had numerous discussions with the Ministry of Justice and highlighted the risk that large numbers of legal aid suppliers might disappear if the government does not act. We also called for further help with cashflow via the Standard Monthly Payment scheme, relief from business rates and the reversal of some previous legal aid cuts. We welcome the resumption of work on the reviews aimed at making criminal and civil legal aid work more sustainable, including the means test review. Many firms need reassurance to believe that there is a better future worth struggling on for. There are different government schemes in place and some being discussed but this is fast-changing. Many firms are now facing a stark choice between an orderly closure now, and a disorderly closure in the future. ■ Stephanie Boyce Vice President The Law Society of England & Wales
