1

Has LASPO had a detrimental effect on providing access to justice?

Introduction

The measures of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO)
became operational in 2013.1 The enactment of LASPO in England and Whales aimed at
reforming the legal aid regime. The object of LASPO was to slash the financing of the legal aid
programme, promote mediation and other forms of alternative dispute resolution, and ensure that
the legal aid system was focused on more serious legal, for instance child protection and
domestic violence matters. However, since the implementation of LASPO, there has been
widespread criticism that the reforms have resulted in a detrimental effect on providing access to
justice. Its impact on the civil legal aid regime was substantial to the effect that legal aid was
made unavailable for an array of civil claims. 2 As a result, fewer categories of individuals were
eligible for free legal counsel and representation.3 People pursuing certain legal matters that were
previously provided with legal aid now have to part with money in order to get legal advice and
representation. This essay will explore the meaning of access to justice, the reforms brought forth
by LAPSO, the objectives of LASPO, and the criticisms that have been amplified vis-a-vis the
impact of the Act on access to justice.

Access to Justice

The legal doctrine of access to justice is a classical and unimpeachable one, 4 with roots that can
be traced to the Magna Carta 1215. According to the Magna Carta 1215, justice or right shall not
be sold, denied, or delayed for anyone.5 This basic human right of access to justice is further
entrenched in the European Convention of Human Rights (ECHR) which states that:

“[every person has the right] to defend himself in person or through legal assistance of
his own choosing or, if he has not sufficient means to pay for legal assistance, to be given
it free when the interests of justice so require”.6

1
Sigafoos, J., J. Organ, Ben Crawford, Alexander Eaton, Maike Potschulat, Priya Sharma, Michelle Waite, and
Martin Whiteford, The impact of LASPO on routes to justice. (2018) 6
2
Ibid
3
Ibid
4
Anderson, Rhys, ‘Justice for the Rich: Have Changes to the Way Criminal Legal Aid is Awarded Undermined
Access to Justice?’ (Sunderland Student Law Journal 1, 2020) 22
5
Davis, Godfrey Rupert Careless. Magna Carta, Revised Edition. British Library (1989)
6
European Convention of Human Rights, Article 6
 2

The Charter of Fundamental Rights of the European Union is also an underpinning of access to
justice. It prescribes that:

“Everyone is entitled to a fair and public hearing within a reasonable time by an

independent and impartial tribunal previously established by law. Everyone shall have the
possibility of being advised, defended and represented.”7

As such and from the foregoing, individuals have the right to access the justice system and to
have their legal rights and obligations determined by an impartial and independent tribunal.
Access to justice includes the rights to legal counsel, legal representation, fair trial, the right to
access information about the law and legal procedures, and the right to effective remedies.8

Importantly, access to justice plays a key role in upholding the rule of law and protecting
individual rights.9 It is particularly important for disadvantaged and marginalized groups, such as
those who are financially or socially disadvantaged, those with disabilities, or those from ethnic
minorities. Without access to justice, these groups may be unable to protect their legal rights or
defend themselves against abuses of power. Access to justice is therefore a critical component of
a democratic society and a just legal system, and any attempt of interference with this basic right
shall receive great criticism.

The LAPSO Reforms

The English and Welsh legal aid regime has undergone immense transformation from its
inception in the late 19th century.10 In a bid to implement the Rushcliffe Committee of 1944
recommendations in 1948, the Labour Government said that legislation should be enacted:

“To provide legal advice for those of slender means and resources, so that no one would
be financially unable to prosecute a just and reasonable claim or defend a legal right; and
to allow counsel and solicitors to be remunerated for their services.”11

7
Charter of Fundamental Rights of the European Union, Article 47
8
Rhys (n 4) 22
9
Ibid
10
Ibid
11
Brooke, Henry, ‘The History of Legal Aid 1945–2010’ (Bach Commission on Access to Justice–Appendix 6,
2017) 5
 3

Consequently, the Legal Aid and Advice Act, 1949 was executed the by the socialist post-world
war II regime which aimed at making sure that all persons of low income were accorded free
legal counsel before every court and tribunal. Further, in the event the annual budget was
surpassed by legal aid expenditure, a supplementary grant was issued.12

However, in 2012, the Legal Aid and Advice Act 1949 was repealed by LASPO which became
operational in 2013 as the underpinning for the Welsh and English legal aid regimes. 13 LASPO
introduced a number of reforms to the legal aid regime. The Act restricted the breadth of legal
aid, so that it was only availed for specific legal matter, inter alia those pertaining to domestic
violence or child protection. It also introduced means-testing for legal aid, so that legal aid was
only available for individuals who lacked the financial muscle to settle legal fees.

LASPO also introduced an array of changes to the funding of legal aid. It abolished the
reimbursement of success fees and post-event premiums for insurance in personal injury cases,
which had previously been paid by the losing party. It also reduced the remuneration of legal aid
practitioners, and introduced a new competitive bidding approach for legal aid contracts.

The objectives of LASPO

LASPO (2012) had three primary objectives. Its first objective was reduction of the financing of
the legal aid system. The budgetary allocation for legal aid had grown significantly in recent
years, and the government was keen to reduce its expenditure. The second objective was to
promote alternative dispute resolution (ADR) mechanisms such as mediation as a means of out
of court resolution of conflicts.14 The third objective was to ensure that the legal aid system was
focused on the more serious matters, for instance those pertaining to domestic violence or child
protection. In order to achieve these objectives, LASPO brought forth an array of reforms to the
legal aid regime.

The Ministry of Justice in a report in 2011 posited that the object of LASPO was to:

12
Ibid, 5-6
13
Rhys (n 4) 22
14
Legal Aid Agency, ‘Legal aid statistics: July 2014 to September 2014’ <
https://www.gov.uk/government/statistics/legal-aid-statistics-july-2014-to-september-2014> Accessed 20 April 2023
 4

“Discourage unnecessary and adversarial litigation at public expense, target legal aid to
those who need it most, make significant savings to the cost of the scheme, and deliver
better overall value for money for the taxpayer.”15

The Impact of LASPO on Access to Justice

Professional bodies, legal scholars and practitioners have opined that the impact of the enactment
of LASPO (2012) on access to justice has been detrimental. 16 According to Anderson Rhys,
justice has now remained a preserve for the affluent. 17 Similar sentiments are reiterated by
Amnesty International in their report which found that the accession of LASPO has led to a twin-
tier legal system, so that the doors of justice are open for those who can afford it and remains
shut for the poor that cannot afford it.18 It is further criticised by Anne Perkins who argues that:

“Excluding citizens from the law is a process of disempowerment since it enhances the
lethal sense of government and its agencies that they will not be held to account.”19

The Act was also criticised by the Lord Chief Justice in his 2015 report arguing that “The
continuing reduction in resources to the courts had, and continues to have a serious impact” and
that “Our system of justice has become unaffordable to most. In consequence there has been a
considerable increase of litigants in person for whom our current court system is not really
designed”.20

Notwithstanding the opinion of various scholars, lawyers, and professional bodies on the impact
of LASPO on access to justice, the impact of this Act on access to justice can be condensed into
four major consequences. These consequences include:

a) Unavailability of legal aid for individuals who are legitimately in need.

b) Inaccessibility of legal aid by persons that qualify

15
Ministry of Justice [MOJ], ‘Legal Aid Reform in England and Wales: the Government Response’ (2011a)
<https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attach
ment_data/file/228890/8072.pdf> Accessed 19 April 2023
16
Equality and Human Rights, ‘The impact of LASPO on routes to justice’ Research report 118 (2018)
17
Rhys (n 4) 21
18
Amnesty International, ‘Cuts that hurt: the impact of legal aid cuts in England on access to justice’ (2016)
<https://www.amnesty.org.uk/files/aiuk_legal_aid_report.pdf> Accessed 19 April 2023
19
Anne Perkins, ‘The Charlie Gard case is a sad reminder that the law is the preserve of the powerful’ Guardian
(London, 12 April 2017)
20
Judiciary of England and Wales, ‘The Lord Chief Justice’s Report 2015’ 5, 8 < https://www.judiciary.uk/wp-
content/uploads/2016/01/lcj_report_2015-final.pdf > Accessed on 19 April 2023
 5

c) Reduced quality of legal representation

d) Broader negative impact on the society and the government
a) Unavailability of legal aid for individuals who are legitimately in need

Legal aid is an important aspect of a just and operational justice system. It ensures that every
individual’s right of access to justice is not dependent on their capacity to pay, and that those
individuals who need to access courts to resolve their disputes and are guaranteed of that right.
Following the reforms by LAPSO, provision of legal aid in certain areas has been scrapped off. 21
These areas are inclusive of: private family law, for instance divorce proceedings and custody;
majority of medical negligence suits; employment matters, non-asylum immigration matters,
where an individual is not in detention; certain suits of housing and debts, and majority of
welfare benefit matters.22

Consequently, individuals with legal matters exempt from legal aid are in a conundrum so that
they are torn between using the little money that they have to pay for legal counsel, acting in
person, or foregoing their legal claim and get complete exclusion from the legal proceeding. 23
Further, the reforms to legal aid have alienated vulnerable people in the society from accessing
free legal advice offered by legal aid practitioners. 24 The reason for this is that the degree of
need stems from the nature of client opposed to the type of law in question. Among those now
exempt from legal aid are children, persons suffering mental illnesses, persons with disability,
ethnic minorities, women as well as individuals with lower literacy levels, as well as numeracy. 25
Following the amendments to the means test, there are numerous low income earners who find
themselves financially ineligible for legal aid, or cannot afford the requisite contribution.26

Children

Children have been impacted on negatively by the enactment of LASPO. These negative impacts
are both direct and indirect and have led to an increase in hurdles for the minors and their

21
Law Society, ‘Access denied? LASPO four years on: A Law Society review’ (2017) 6 <
https://www.lawsociety.org.uk/topics/research/laspo-4-years-on> Accessed 19 April 2023
22
Ibid
23
Ibid
24
Anthony, Helen, and Charlotte Crilly, ‘Equality, human rights and access to civil law justice’ (2015) 91
<https://www.equalityhumanrights.com/sites/default/files/research-report-99-equalityhuman-rights-and-access-to-
civil-law-justice.pdf> Accessed 19 April 2023
25
Amnesty (n 17) 4
26
Law Society (n 18) 6
 6

guardians in accessing legal advice as well as representation. 27 This is happening in spite of the
assurance from the government that minors will be accorded the necessary safeguard during the
accession of LASPO. In particular, the then Minister of State for Justice posited that:

“As far as possible, our intention is that, where children are involved, legal aid will still be
provided.”28

Regrettably, this has not been attained. In a report released in 2013 by virtue of the freedom of
requesting information, the Ministry of Justice (MoJ) projected that following the enactment of
LASPO, close to 75,000 children and young persons (inclusive of 6000 minors below 18 years)
would lose the right to legal aid annually.29

In March 2015, the Joint Committee on Human Rights criticised the conditions after the
accession of LASPO. Its conclusion was that the transformations that the civil legal aid regime
underwent were ineffective and for that reason urged “a new government of whatever make-up
to look again at these reforms and to undo some of the harm they have caused to children.” 30
Sadly, children continue to suffer the negative effects of LASPO and the government has not
taken any measures to remedy the situation.31

Direct Impact of LASPO on Children

LASPO has directly impacted on children that are alone. The category of children impacted
negatively by the unavailability of legal aid for them include:

“(i) Children living in unofficial private fostering arrangements, often under the ‘care’ of
exploitative adults, (ii) children in cross border adoption arrangements; children who
have been trafficked, but are not officially recognised as such, (iii) children with

27

28
UK Parliament, ‘Parliamentary Question’ (7/7/11; col. 343) <
https://publications.parliament.uk/pa/cm201212/cmhansrd/cm120417/debtext/120417-0003.htm> Accessed 19 April
2023
29
Just Rights, ‘Legal Aid cuts: child protection implications’ (2013) < Legal_Aid_-
_Child_Protection_Implications_sept_2013_FINAL.pdf (justrights.org.uk)> Accessed 19 April 2023
30
Human Rights Joint Committee - Eighth Report, ‘The UK's compliance with the UN Convention on the Rights of
the Child’ (18 March 2015) < https://publications.parliament.uk/pa/jt201415/jtselect/jtrights/144/14402.htm>
Accessed 19 April 2023
31
Law Society (n 18)
 7

unresolved immigration issues following the death of a parent or family break up, and
(iv) stateless children born in the UK without having their status regularised.”32

Following the abolition of legal aid for numerous non-asylum immigration matters by LASPO, it
is undisputable that migrant children have greatly been affected. According to statistics of the
Children’s Society as at 2015, close to 3,600 children under the care of the local government and
another number of children ranging between 9,000 and 12,000 residing in private foster-care
programmes were affected.33

Unavailability of legal aid for the minors was theoretically implicit that they would be compelled
to act on their own.34 According to Coram, a charitable organization for children, for children
who are victims of trafficking or family separation, “representing themselves is often not
possible due to their young age, language barriers and significant vulnerabilities, and the extreme
complexity of immigration law and the immigration rules.” The organization further elucidated
that, in cases in which it has managed to establish the questions for determination in a suit, the
child involved lacked the capability of acting on that advice.35

This is a worrying trend because children are not exempt from enjoy the prescriptions of Article
6 of the ECHR. Just like every other human being, children are entitled to the right to be
accorded fair trial, which is inseparable from access to justice. The deprivation of legal aid risks
contravening this right. Children lack the competence and skill necessary for navigating the court
system without legal aid or to even raise and respond to points of law.

Indirect Impact of LASPO on Children

LASPO placed private family law matters outside that scope of legal. However, private family
law matters that where evidence is adduce clearly indicating domestic or child abuse are exempt.
In this case, there is great likelihood that the minors and young persons shall suffer indirect
32
The Children’s Society, ‘Cut off from Justice-The impact of excluding separated and migrant children from legal
aid’ (June 2015) <
https://miclu.org/assets/uploads/2017/04/2CutOffFromJustice_Theimpactofexcludingseparatedmigrantchildrenfroml
egalaid_TheChildrenSociety_July2015.pdf > Accessed 19 April 2023
33
Ibid
34
Barlow, Anne, ‘Rising to the post-LASPO challenge: How should mediation respond?’ (Journal of Social Welfare
and family law 39, no. 2, 2017) 203-222
35
House of Commons, Justice Committee, ‘Impact of changes to civil legal aid under Part 1 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 - Justice Contents’ (Eighth Report if Session 2014-15)< House of
Commons - Impact of changes to civil legal aid under Part 1 of the Legal Aid, Sentencing and Punishment of
Offenders Act 2012 - Justice (parliament.uk) > Accessed 19 April 2023
 8

impact as dependants of the parties in the suit. Suits of this nature involve basic issues that affect
the lives of the minors as to:

i. who will stay with them,

ii. who will bear their parental responsibility,
iii. whether they shall continue accessing their parent or other relatives, and
iv. their financial aid and accustomed living standards.

The life of a child can be significantly impacted by all the issues listed above. In the event there
is no agreement as to financial aid, a child may spend their remaining lifetime in poverty. Where
there is no resolution as to access arrangements, children may grow up without contact with
either parents, or both. According to the report by the Joint Committee on Human Rights the
number of children afforded legal aid has reduced by more the two thirds where their parents are
either divorced or separated.36

Further, the finding of a report by the National Audit Office on the civil legal aid changes was
that there was a 22% growth in the number of private family law matters that involve minors in
which no party was accorded representation and a reciprocal decline in cases where both were
accorded legal representation.37 As such, both parents will act in person and they are more likely
to suffer prejudice because they do not have a background in law. The unrepresented parents will
have difficulty understanding the legal remedies available for them as well as the complicated
court processes. Consequently, this may impact the possibility of a desirable decision for the
minors involved.

The impact of the means test

A further criticism of LASPO is that it has created barriers to accessing justice for disadvantaged
and marginalized groups.38 The means-testing of legal aid means that some people who are low
income earners but who do not qualify for legal aid may struggle to finance private legal

36
Joint Committee on Human Rights (JCHR), ‘The UK’s compliance with the UN Convention on the Rights of the
Child’ (Eighth Report of Session 2014–15) para 105 <
https://publications.parliament.uk/pa/jt201415/jtselect/jtrights/144/144.pdf > Accessed 20 April 2023
37
Ibid; National Audit Office, ‘Implementing reforms to civil legal aid’ (HC 784 Session 2014–15 20 November
2014) para 1.27
38
Genn, Hazel, ‘When law is good for your health: mitigating the social determinants of health through access to
justice’ (Current Legal Problems 72, no. 1, 2019) 159-202
 9

representation.39 This can include people who are working but on low wages, or those who have
savings or assets above the means-test threshold.

Numerous financial factors are considered in determining the eligibility of an individual for legal
aid. The factors encompass both the civil legal aid gross income test and a capital means test.
LAPSO has made the capital means test stricter. The strict nature of the means test has left out
seriously needy individuals and low income earners from enjoying legal aid services. Under the
previous legal aid regime, the means test was relaxed and factored in inflation. This is no longer
the case after the enactment of LASPO in 2013.

Consequently, it has established an impediment to legal aid for individuals on ever-lower

earnings, trapping them in a situation in which they are ineligible for legal aid yet the lack the
financial muscle to retain a private legal counsel to advice and act for them. Individuals who
continue to be eligible for legal assistance must make greater factual-terms payments compared
to what they might have done otherwise, with a greater likelihood that such payments may be
prohibitively expensive; forcing the offer of legal aid to be rejected. Prior to LASPO, every there
was guaranteed eligibility for legal aid for persons receiving means-tested welfare assistance. As
a consequence of the stricter LASPO financial means test, numerous individuals with modest
earnings but a little amount of capital are unable to get legal aid.

This means that some people may be unable to access justice, even if they have a valid legal
claim. This can be particularly problematic for vulnerable groups, such as those with disabilities
or those from ethnic minorities, who may face additional barriers in accessing legal services.

b) Inaccessibility of legal aid by persons that qualify

The consequences of the accession of the Act go beyond reduction in the breadth of legal aid.
Even those who are qualified for legal aid find difficulty in working out whether they are
qualified for legal aid or not, or how to obtain legal aid. For instance, access to legal aid for
persons whose matters lie still fall within the breadth of legal aid like domestic violence are
hampered by process-driven conditions. Sometimes, it is completely impossible for them to
access legal aid services in spite of their eligibility.

39
Hirsch, Donald, ‘Priced out of Justice? Means testing legal aid and making ends meet’ (2018)
 10

The first free legal advice offered for some of the area that still fall within the breadth of legal
aid is strictly by way of telephone through the state’s Mandatory Telephone Gateway. 40
Nonetheless, this avenue is still greatly underutilised, and most firms contend that it limits face
to face legal counsel for clients for whom advice over the phone is not suitable. 41 For instance, it
is highly unlikely that victims of gross domestic violence enjoy unrestricted access to
telecommunication devices.

Lack of Housing Legal Aid Services in Certain Regions

Statistics from Legal Aid Agency shows that numerous regions within the nation, either have
limited or completely no access to legal aid services. This is implicit that numerous individuals
are faced with difficulty or may be barred completely from accessing legal aid services. The
government furnished the Law Society with statistical report showing that large regions of the
nation had limited or no access to housing legal aid services:

i. Close to two third of English and Welsh regions either have one or no housing legal
aid service provider.
ii. Both Shropshire and Suffolk lack a single housing legal aid advice provider.
iii. Not until the situation was remedied by the Legal Aid Agency (LAA), certain
regions, inclusive of Kingston upon Hull and Surrey, lacked a legal aid practitioner,
for several months.

One of the key challenges facing provision of housing legal advice is existence of one provider
in an area of legal aid for reasons which include:

i. Low income families are unable to travel a long way from where they reside just to
get legal advice from the one legal aid practitioner. As such, seeking necessary legal
counsel, even in severe cases like homelessness. This implies that individuals are
unable to obtain critical legal counsel, even in the direst circumstances, such as
homelessness.
ii. A single firm situate within a large area may lack the capability of offering legal
counsel to every individual that are in need of it.

40
Law Society (n 18)
41
Ibid
 11

iii. Many at times, individuals in need of legal aid advice for matters relating to housing,
require the service gently and shall not bet added to a waiting list.
iv. There is also likelihood that issues conflict of interest may arise since there is no way
that a single law firm can act for a landlord and their tenants. Further, there is
likelihood that a conflict may arise where the law firm has previously acted for the
landlord on a different legal matter, for instance a family lawsuit. As such the interest
of the firm will be conflicted and cannot as such represent the tenant.

Evidenced by the occurrences in Hull and Surrey, where there is a single provider in a region,
matters can get a crisis level for instance when one service provider ceases to offer legal aid or
shut down their practice.42 In 2017, six regions were faced with the situation described
hereinbefore, so that the single service provider was no longer available prompting LAA to take
emergency action to make sure that the services resumed. This clearly shows the lack of
sustainability.43

Domestic Violence Gateway

The enactment of the Act scrapped legal aid funds for private family law matters including
divorce proceedings, child access and support save for cases in which evidence of child abuse or
domestic violence has been adduced. The government aimed at guaranteeing continued access to
legal aid by abused individuals. The government set out an evidentiary test in LASPO for
financing case of domestic violence by way of legal aid program. A limitation period of two
years was set for victims who had suffered or were suffering domestic violence to adduce
evidence of abuse in order to be afforded legal aid.

According to research conducted by Rights of women, numerous domestic violence victims are
barred by the Gateway from getting legal aid financing for which they qualify for. 44 When the
research was conducted, close to 40% women who had been victims or continued to experience
domestic violence were unable to adduce evidence that met the set evidentiary threshold.45
42
Law Society (n 18) 13
43
Ibid
44
Rights of Women, ‘Evidencing domestic violence: nearly 3 years on’ (December 2015)
<https://rightsofwomen.org.uk/wp-content/uploads/2014/09/Evidencing-domestic-violence-V.pdf >Accessed 21
April 2023
45
Rights of women, ‘Evidencing domestic violence: reviewing the amended regulations’ (2015)
<https://rightsofwomen.org.uk/wp-content/uploads/2014/12/Evidencing-domestic-violence-IV.pdf> Accessed 21
 12

c) Reduced quality of legal representation

Another criticism of LASPO is that it has reduced the quality of legal representation. 46 The Act
reduced the amount of fees payable to legal aid practitioners, and introduced a new system of
competitive tendering for legal aid contracts. The upshot of this is that it has lowered the number
of legal aid providers, as many law firms have been unable to compete for contracts, and has also
cause the quality of legal representation to deteriorate, as providers are under pressure to provide
services at a lower cost.

As a result, some individuals who are qualified for legal aid in terms of LASPO may struggle to
find a lawyer who is willing to take on their case, or may be represented by a lawyer who is
inexperienced or overworked. The ramification of this is diminished confidence in the legal
system and can equally lead to unfair outcomes for those who are unable to access high-quality
legal representation.

d) Broader negative impact on the society

The justice system has over the years had litigants in person (LiP), individuals who appear in
court on their own, without legal representation. 47 However, after the enactment of LASPO, an
upsurge in the number of LiPs has been witnessed. It is noteworthy that their profile has
changed so that acting in person by LiPs is not voluntarily like previously. Lips are compelled to
act in person because legal fees are unaffordable and LASPO has revoked their eligibility for
legal aid.

Previously, LiPs moved to court on their own partly or entirely on their discretion. LASPO has
significantly led to the surge in the number of new LiPs who are compelled to represent
themselves because they are ineligible for legal aid.48

A report by the National Audit Office (NAO) in 2014 established that there was:

April 2023
46
Burton, Marie, ‘Justice on the line? A comparison of telephone and face-to-face advice in social welfare legal
aid’ (Journal of social welfare and family law 40, no. 2, 2018) 195-215
47
Law Society (n 18)
48
Trinder, Liz, Rosemary Hunter, Emma Hitchings, Joanna Miles, Richard Moorhead, Leanne Smith, Mark Sefton,
Victoria Hinchly, Kay Bader, and Julia Pearce, ‘Litigants in person in private family law cases’ Litigants in person in
private family law cases (2014)
 13

i. An increase in the number of litigants in person throughout family matters in court

(inclusive of those that qualified civil legal aid) by 30%.
ii. An upsurge in the number of litigants in person in children matters arising from
Children’s Act private law by 22%.49

Many at times, LiPs suffer from legal illiteracy and find it difficult to discern their rights,
privileges and the complex court processes. As established by NAO, there is less likelihood that
litigants in person:

i. will resort to alternative dispute resolution mechanisms;

ii. will be granted court orders and interventions in their favour;
iii. will have the legal knowhow and expertise to litigate their matters effectively; and
iv. are likely to create more work fork court officials and judges because of their
unfamiliarity with court processes, thus inefficiency in the court listing processes

It should be noted that the impact of LASPO on the justice system as a whole is also a concern.
Access to justice, especially for the vulnerable persons in the society, has been subverted by the
enforcement of LASPO. In spite of the numerous assurances from the government that the
amendments to the legal aid regime will ensure the most vulnerable members benefit, the reality
is that the majority of those alienated from access to legal aid is children and young people, and
low incomes persons. Further, following shortage in financing, majority of individuals that still
qualify for legal aid cannot get legal aid within their local limits, especially legal advice
pertaining to housing.

The Act has led also to a decline in the number of cases being brought to court, particularly in
areas where legal aid has been restricted or removed. 50 This may be because people are unable to
afford legal representation, or because they do not believe in the credence of the legal system.
This reduction in the number of cases being brought to court can have a number of negative
consequences. It can mean that important legal issues are not being tested in court, which can

49
NAO, ‘Implementing Reforms To Civil Legal Aid’ (HC 784 2014-15, 20 November 2014) 14-15 <
https://www.nao.org.uk/wp-content/uploads/2014/11/Implementing-reforms-to-civil-legal-aid1.pdf> Accessed 20
April 2023
50
Richardson, Kayliegh Leanne, and Ana Kate Speed, ‘Restrictions on legal aid in family law cases in England and
Wales: creating a necessary barrier to public funding or simply increasing the burden on the family courts?’ (Journal
of social welfare and family law 41, no. 2, 2019) 135-152
 14

result in uncertainty and inconsistency in the law. It can also mean that injustices may go
unchallenged, particularly for vulnerable and marginalized groups. As such, the government
should make sure that persons needy of free legal aid can actually access it.

Conclusion

In conclusion, LASPO has been criticized for having a detrimental effect on providing access to
justice. The Act has limited the inaccessibility of legal aid, reduced the quality of legal
representation, and created barriers to accessing justice for disadvantaged and marginalized
groups. These criticisms suggest that the objectives of LASPO may have been misguided, and
that the reforms have had unintended consequences for the justice system as a whole. It is
important that any future reforms to the legal aid regime take into account the importance of
access to justice, and the need to ensure that everyone has the right to access the justice system
and to have their legal rights and obligations determined by an impartial and independent
tribunal.

BIBLIOGRAPHY

STATUTES

Charter of Fundamental Rights of the European Union

European Convention of Human Rights

BOOKS
 15

Davis, Godfrey Rupert Careless. Magna Carta, Revised Edition. British Library (1989)

JOURNALS

Anderson, Rhys, ‘Justice for the Rich: Have Changes to the Way Criminal Legal Aid is Awarded
Undermined Access to Justice?’ (Sunderland Student Law Journal 1, 2020) 22

Barlow, Anne, ‘Rising to the post-LASPO challenge: How should mediation respond?’ (Journal of Social
Welfare and family law 39, no. 2, 2017) 203-222

Brooke, Henry, ‘The History of Legal Aid 1945–2010’ (Bach Commission on Access to Justice–
Appendix 6, 2017) 5

Burton, Marie, ‘Justice on the line? A comparison of telephone and face-to-face advice in social welfare
legal aid’ (Journal of social welfare and family law 40, no. 2, 2018) 195-215

Equality and Human Rights Commission, ‘The impact of LASPO on routes to justice’ Research
report 118 (2018)

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