apii2as LegalAction feature/social welfare law 13
It’s in all political parties’ interests to ditch the toxic debate over LASPO and
move towards a new funding settlement. James Sandbach outlines the
findings of the Low Commission’s pre-election report.
Making the case for a
national advice strategy
he Low Commission‘s second
report, Getting it Right im Social
Weljae Law was launched at the
beginning of March with the aim of
setting a policy framework for the next
parliament. Since the publication of the
commission's first report in January 2014,
we have been determined to see results
from our work: there are critical unmet
needs for advice and legal support, and we
require new solutions from both the
‘government and the advice sector to meet
them. We have met with senior figures in
all three main parties to put the case for a
national advice strategy that works across
‘government both nationally and locally,
‘and taken our recommendations to party
‘conferences and other policy-making forums.
Our new report gives an impetus to our
ceatier recommendations and contains
new proposals for the post-May 2015
government to take on board. However
difficult the financial climate, there is
plenty of credible evidence to show that it
would be a good invest
government to fund advice and support
early intervention as this is cheaper than
Aealing with problems later on, either in
the legal system or though other public
services. Therefore, any new strategy must,
be backed up by an advice and legal
support fund. We have shown how a
combination of funding across government,
involving small changes in polices and
priorities, could work to repair the damage
of over £100 milion a year having been
taken out of social wel
result of legal aid cuts and other reductions.
Itis in the interests ofall parties to
‘move beyond the toxic debates over the
Legal Aid, Sentencing and Punishment of
Offenders Act 2012 towards a new funding
settlement, The report contains a broad
rt for the
e advice as a
spectrum of evidence as to why such a
Tunding settlement is needed, cross-
referenced with the recent findings of
‘numerous parliamentary and other
bodies, such as the National Audit Office
and select committees.
Findings and proposals
The Low Commission's report contains
new research from frontline advisers, GP's
and MPs, all of whom report growing
problems with benefis, housing, debt and
other social welfare issues, and a
weakening of the overall capacity of
advice agencies to deal with them. In
particular, the report highlights failures
in the ‘mandatory reconsideration’ process
for redress over welfare benefit decisions,
as well as wider problems in accessing
redress over public service failures,
‘The report also sets out evidence
of links between social welfare advice
needs and il-heath (especially mental
ill-health. tt outlines how health and
social care commissioners and providers
can work in partnership 10 ensure their
service users can also access advice for
welfare, housing and debt problems,
Finally the report explotes some of the
new approaches to tackling unmet needs
and improving the capability ofthe advice
sector piloted by partnerships supported
by the Lottery-based Advice Services
Transition Fund, We have called for the
continuation ofthis Funding stream.
Reception and response
Senior figures from each of the three main
policial parties came together for the
report's launch, MPs Simon Hughes,
Domini Grieve and Andy Slaughter all,
agreed that the challenge for the next
administration would be to make what
‘money there is go further. Justice minister
Hughes welcomed the “important and
timely’ report, saying he would take its
proposals back to the Ministry of Justice
{or attention, fully supporting key principles
such as early intervention, better decision
‘making and public legal education. He saw
potential for improving expenditre
perhaps through a process in which the
‘government would match funding allocated
by, for example, the Big Lottery Fund.
Grieve, former attorney-general, found
the report ‘remarkable and interesting’
and ‘containing a lot of real value’,
prompting a need to think creatively
about new solutions. He saw scope for
better integration of advice services, plus
‘opportunities for identifying small sums
cof money that could go a long way to
making Improvements, He also thought
public bodies should deal with complaints
at an eatlier stage. The Low Commission,
he said, was ‘talismanic in looking in new
ways at problems which have been around
for a long time’
Slaughter, as shadow justice minister,
believed the report to be ‘a superb piece of
‘work’. While party commitments would
await the publication of the manifesto, he
said he would sign up to an early review
of LASPO and to the importance of
looking at developing strategies for advice
work across all government departments,
He felt there had been ‘a destructive and
fragmentary approach to all these areas
over the last five years, and the next five
years needed to look at a much more
constructive process’
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