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Cuts to Legal Aid enforce the need for ATE Insurance

legal aid

A report by Amnesty International calls for an urgent review of funding restrictions that are leaving the most vulnerable without vital support.

Cuts to legal aid are far worse than anticipated and are creating a “two-tier” system which denies the poorest people access to justice, warns the critical report by Amnesty.

Temple Legal Protection supports the idea behind the government conducting an urgent review of the impact of the Legal Aid, Sentencing and Punishment of Offenders (Laspo) Act, which came into effect in 2013 and has severely restricted funding. A review was promised within three to five years but ministers have delayed.

The year before the act was introduced, legal aid was granted in 925,000 cases. The year after, assistance was given in 497,000 cases, a drop of 46%.

The report calls for all children to be granted entitlement to legal aid regardless of the issues at stake. Some teenagers, it says, are at risk of having to represent themselves in immigration cases where they may face deportation.

The report highlights the emergence of “advice deserts” across England and Wales where the provision of free legal advice is disappearing. Worst affected are said to be the south-west, parts of the Midlands and the north of England.

The Legal Aid Agency’s exceptional case funding system, which was supposed to provide a safety net for the most vulnerable claimants, is said to be inadequate and flawed.

Laspo has been blamed for a surge in the number of litigants in person, slowing court processes. Legal aid is no longer available in the family courts unless one partner can prove he or she was a victim of domestic violence.

Children are at an “automatic disadvantage as the laws processes and systems governing their circumstances are profoundly complex”, the report states. “They require specialist advisers that are experienced not just in immigration law, but also with working with children.”

One lawyer told Amnesty: “The idea that children and young people can represent themselves just does not work. This is such a vulnerable group. It’s not just that they don’t understand legal processes and legal concepts, which they don’t, but it’s also that they have no idea how to fill forms out properly, what to write, where to send paperwork, where to get advice and who to speak to.”

Alice Wyss, Amnesty International’s UK researcher, said: “Cuts to legal aid imposed by this government have decimated access to justice and left thousands of the most vulnerable without essential legal advice and support. We are in danger of creating a two-tier civil justice system, open to those who can afford it, but increasingly closed to the poorest and most in need of its protection.

“If Theresa May is really determined to deliver a country that works for all then there needs to be a justice system for everyone, not just those who can afford it. The government must start by protecting the most vulnerable and launching a review of this failing system immediately.”

With legal aid availability being stripped back each year, ATE insurance is of course another avenue that can be pursued for your clients. The suggestion to abolish the recoverability of the remaining ATE fees (in clinical negligence cases), is seen as another move by the government to block access to justice.

Temple Legal Protection remains committed to the cause for accessing justice. There are a range of products available to your law firm that enable this to happen. Please get in touch to find out which product is best for your firm and also for your client’s.

Matthew Best
12/10/2016

matthew.best@temple-legal.co.uk

01483 577 877

 

Matthew Best

Senior Underwriting Manager
Read articles by Matthew Best

Matthew Best

Matt has an insurance background and joined Temple in July 2011 having worked for 4 years in a leading insurance company where he was dealing with personal injury work.

Matt’s experience allows him to undertake a key role in Temple’s ATE insurance personal injury and clinical negligence teams. He also participates in the assessments of delegated schemes that Temple provide with the objective of helping our customers make the most beneficial and appropriate use of ATE insurance.

He has started studying for this CII exams which he will sit in the near future, which he will then use to develop himself, further into the company in order to provide Temple’s customers with the excellent service they expect.

 

Read articles by Matthew Best