By Richard Johnstone | 20 November 2014
The government has succeeded in cutting spending on civil legal aid following reforms to provision, but it is not clear whether the changes have also been effective in targeting support to those who need it most, a report has found.
An examination of the government’s reforms by the National Audit Office concluded the changes, which include removing funding for civil legal aid for private family law, had cut fees to civil legal aid providers by 10% between October 2011 and February 2012.
Overall, the Implementing reforms to civil legal aid report said these changes could eventually save as much as £300m a year.
However, it also concluded that it was less clear to what extent the reforms had also met the target of ensuring legal aid was aimed at those who need it most.
Auditors found the Ministry of Justice did not think through early enough the impact of the changes on the wider system.
For example, it had not been able to estimate the additional costs it would face as a result of the reform, even those that it would have to bear itself, because it did not have a good understanding of how people would respond.
Auditor general Amyas Morse said the department needed to develop measures that would enable it to evaluate more fully the impact of the reforms.
‘The Ministry of Justice is on track to make significant and quick reductions in its spending on civil legal aid,’ he added.
‘However, it has been slower to think through how and why people access civil legal aid; the scale of the additional costs to the ministry likely to be generated by people choosing to represent themselves; and the impact on the ability and willingness of providers to provide legal services for the fees paid.
‘Without this understanding, the ministry’s implementation of the reforms to civil legal aid cannot be said to have delivered better overall value for money for the taxpayer.’
Responding to the report, an MoJ spokesman said that, prior to the reforms, the UK had one of the most expensive legal aid systems in the world at around £2bn a year.
‘Given the financial crisis inherited by this government there was no choice but to find significant savings. This report confirms we are doing just that,’ he added.
‘This was never going to be an easy process, but we have made the necessary reductions whilst ensuring legal aid remains available where people most need legal help.’
However, the Public and Commercial Services union, which represents civil servants, said the report highlighted a 30% increase in family court cases where neither party has legal representation.
The union said its members who work in family courts have reported proceedings taking longer because unrepresented parties struggle to put their cases.
‘This report again shows that families who most need help are being let down because of this government's political obsession with slashing public spending,’ general secretary Mark Serwotka said.
