Policy
9 July, 2007
Government faces double challenge over legal aid reforms
Law Society, CRE and ethnic minority law firms go to the high court
The government faces a court challenge next week when the Law Society, the Commission for Racial Equality (CRE) and ethnic minority law firms go to the high court over the Carter legal aid reforms.
Legal aid lawyers are opposed to the reforms, which will initially replace hourly charges with fixed fees, producing, they anticipate, at least a 10% reduction on already low pay rates, before moving to a system of price-competitive tendering by firms for the work. The reforms also aim to restrict the right to provide legal aid services to a smaller number of bigger firms.
They argue that the changes could force ethnic minority-owned firms out of business and threaten access to justice for the diverse communities they serve. The judicial review application could force the government to put the reforms on hold while a full race impact assessment is carried out to find out if the changes discriminate against ethnic minority law firms and their clients.
The high court challenge, brought by the Black Solicitors' Network and the Society of Asian Lawyers, alleges that the government and the Legal Services Commission (LSC) failed to carry out an adequate race impact assessment of the reforms as a whole. The two organisations are backed by the CRE and the Law Society.
A second case, mounted by the Law Society, argues that one part of the legal aid reforms - the establishment of panels of lawyers to handle 'very high cost cases' in the crown court - risks discriminating against ethnic minority firms, which tend to be smaller. That case was due to be heard next week as well, but has now been put on hold pending the outcome of the first challenge.
Sailesh Mehta of the Society of Asian Lawyers said -
In cities like London a staggeringly high percentage, something like 44%, of small firms that do criminal legal aid work are black and ethnic minority- controlled.
He added that getting rid of the smaller firms would have a disproportionate effect on ethnic minority-controlled firms and believed that such firms tend to support and be supported by ethnic minority communities.
He was concerned that if these firms go then -
'... these communities' access to justice is affected.'
For more information, see the Guardian news article Ethnic minority firms challenge Straw in high court over legal aid.
See also the related rightsnet policy new stories -
- Legal aid reform 'will ensure more people are helped within the resources available' : Lord Falconer responds to Constitutional Affairs Committee Report (22 June, 2007)
- High Court refuses first attempt at judicial review of the unified contract: Application for extension of old civil contract also turned down (7 June, 2007)
- Constitutional Affairs Committee report on Carter: Most vulnerable clients most likely to suffer (2 May, 2007)
- Law Society issues judicial review proceedings: LSC's right to unilaterally amend the unified contract to be challenged (27 April, 2007)
- Civil legal aid providers commit to new contracts: LSC welcomes response from solicitors firms and not-for-profit agencies (4 April, 2007)
- Law Society threaten judicial review on unified contract: Legal Services Commission urged to delay contract implementation (27 March, 2007)
- Legal aid reforms to save £100 million a year: Minister responds to parliamentary questions (9 March, 2007)
- Legal aid reforms face mass of opposition: 'You cannot have a Rolls-Royce service for Lada money' (22 February, 2007)
