Low Commission on the Future of Advice and Legal Support

The Low Commission has prepared a context paper on the issue of welfare benefits advice to help inform its work. Please help them to gather more information about the provision of welfare benefits advice and the issues affecting it by sharing your views on this paper.

Some of the key questions include:

* To what extent will the removal of legal aid in this area mean that support and expertise is not available?
* What steps can be taken in terms of information and education to help alleviate this?
* What impact will the move to ‘digital by default’ have on the type of advice required?
* What role can new fee charging organisations offering legal advice (such as The Co-Operative Legal Services) play in the area of welfare benefits?
* To what extent is there scope to encourage the DWP to fund advice services, recognising both the role that DWP plays in creating demand for advice and reflecting the added value brought by advice services (for example, in dissuading weak cases and in helping with transition between different systems)?
* In the context of welfare benefits, an individual is essentially seeking advice on how to challenge a decision of the state, be it in the form of local government for housing issues or central government or one of its agencies. To what extent does this mean that advice services must be delivered independently of government? What is necessary in order for advice agencies to be independent?
* To what extent is it true that tribunals are user-friendly?
* Are there systemic changes that can be made to improve the user experience in tribunals?

For the welfare benefits context paper, see Context Paper on Welfare Benefits

Note also that they are looking at similar questions in relation to debt and employment advice as well, for those working in these areas.

update from the low commission, and notice of a series of consultation events ...

‘A key part of the Low Commission’s work is to gather evidence and draw on the experience and knowledge of individuals and organisations working in the areas of Social Welfare Law and the advice sector.

The Commission has now closed its evidence gathering phase, but will continue to seek the views of those working in and around the advice sector through its consultation process. The Commission will consult on its draft report and emerging recommendations in September at the following events:

- Cardiff on 4 September
- London on 5 September
- Manchester on 19 September.

The events will take place between 1.30pm and 4.30pm. Attendees will be sent an electronic copy of the draft report and recommendations prior to the event.

If you would like to attend one of these events, please contact Sara Ogilvie to reserve a place. Further details will be sent to attendees closer to the date of the event.

If you cannot attend an event but would like to be consulted in a different way, please get in touch.’

http://www.lowcommission.org.uk/Can-you-help

The Low Commission has now published a draft of its recommendations for consultation -

In summary, the main components of our strategy are that:

- Legal aid should be viewed as part of a continuum including information, general advice, specialist advice, legal help and legal representation, rather than as a stand alone funding mechanism; the more we can do at the beginning of this spectrum, the less we should have to do at the end

- By reducing demand, taking early action and simplifying the legal system it will be possible to reduce some of the need for advice and legal support

- For those who can afford to pay, affordable advice and legal support should be more accessible and the routes into it much better communicated and understood

- People with pressing problems need a simple and effective way of accessing good advice, without hurdles or confusion. Much basic provision can be developed using a combination of public legal education, national telephone helplines and websites, local advice networks and specialist support for front line advice agencies

- More in-depth and intense support should be targeted at those most in need

- Ensuring the quality of all levels of service provision must be a high priority

- We would like to see a more open and collaborative advice sector. There is considerable scope for local advice agencies to work more closely together and in some cases even to merge. We would also like to see the national advice services umbrella bodies work more closely together and share their resources and experience more widely

- The importance of advice and legal support on social welfare law to people’s lives, coupled with challenges to its continued provision and additional costs to government that are likely to result if no action is taken, makes it imperative that the next UK Government develops a National Strategy for Advice and Legal Support in England for 2015-20 and that the Welsh Government develops a similar strategy for Wales

- Local authorities should co-produce or commission local advice and legal support plans in conjunction with local not-for-profit and commercial advice agencies; these plans should review the services available, including helplines and websites, whilst targeting face to face provision to ensure that it reaches the most vulnerable and ensuring some resources are available for legal representation where it is most needed, to supplement the reduced scope of legal aid

- We estimate that currently, post the implementation of the 2012 Legal Aid, Sentencing and Punishment of Offenders Act (LASPO), there is about £400m per year available to fund advice and legal support services- mainly coming from local authorities, the Money Advice Service and the legal aid that remains for social welfare law.

- We estimate at least a further £100m pa is required in order to ensure a basic level of provision

- We are calling on the next UK Government to provide half this extra funding by establishing a 10 year National Advice and Legal Support Fund of £50m pa, to be administered by the Big Lottery Fund (BIG), to help develop provision

- We propose this Fund should be financed by the Ministry of Justice, the Cabinet Office and the DWP, as the main creator of the need for advice and legal support (on the polluter pays principle)

- 90% of the Fund should be used to fund local provision, with 10% for national initiatives

- BIG should allocate the 90% share of the National Fund to local authorities, based on indicators of need, to help implement local advice and legal support plans, which should be prepared in conjunction with the local advice sector

- We are also calling on other national and local statutory, voluntary and commercial funders to contribute a further £50m pa to help develop provision. These should include NHS clinical commissioning groups, housing associations, additional Money Advice Service funding, charities, trusts and foundations and lawyer fund generation schemes, such as the interest on money held for clients and dormant accounts.

- Most of our recommendations apply equally to Wales, but it will be important to build on the momentum resulting from the Welsh Government’s Advice Services Review published in May 2013. The Welsh Government will also need to decide on the most appropriate management arrangements for the National Advice and Legal Support Fund in Wales and some of the recommendations will also need to take account of the different arrangements for local government and the local NHS in Wales.

The Commission has published its report @ http://www.lowcommission.org.uk/dyn/1376563999289/Low-Commission-Consultation-Report.pdf

.... and is now consulting on its recommendations .. see http://www.lowcommission.org.uk/Can-you-help

the commission’s final report is now out @

http://www.lowcommission.org.uk/

Legal Action Group have published an executive summary of the report @

http://www.lag.org.uk/policy-campaigns/low-commission-report.aspx

debate yesterday in the Lords ...

http://www.publications.parliament.uk/pa/ld201314/ldhansrd/text/140225-0002.htm#14022584000070

The Low Commisison is launching its 2nd report ‘Getting it right in social welfare law’ in the Commons as we speak, but has published a final proof of the report to its website @

http://www.lowcommission.org.uk/dyn/1425469623929/Low-Commission-Report-Text-Proof-207050-.pdf