The Ministry of Justice has recently announced a £2 billion cut to its £9 billion budget. Combining this with the latest changes to the tendering process across the area of civil legal work, there are fears of a major denial of access to justice for those who are most vulnerable. The changes in the tendering system have resulted in firms having to engage in a bidding competition for legal aid contracts. Statistics from the Legal Services Commission - the body responsible for running the legal aid system in England and Wales - show that only 1,300 of the 2,400 family law firms previously working in legal aid have succeeded in winning new contracts.
A High Court judge yesterday commented that some of the criteria used in the recent social welfare tender by the Legal Services Commission (LSC) are "utterly absurd and totally irrational". Collins J made these comments at a permission hearing (written decision not yet available) following an application by Birmingham law firm the Community Law Partnership (CLP) to judicially review the LSC social welfare tender process in which their application for tender was refused. Collins J stated that the "tick-the-box" approach in assessing tenders was inappropriate where given that it concerned a public service aimed at ensuring access to justice. A Law Society Gazette article has indicated that the hearing has been temporarily adjourned, with a judicial warning that the LSC should consider its position carefully.
A survey by the Family Lawyers' Association "Resolution" has found that there are major concerns that "those in need of emergency legal aid such as domestic abuse victims or those in need of specialist legal advice on issues like forced marriage will be unable to find the legal help and advice they need". Please click here to view the details of the survey by Resolution in full.