Problems with Government Funding

• What is the main area of discussion regarding government funding?

  The impact of cuts to the legal aid budget
• How have cuts to the legal aid budget affected access to justice?

  They have created limited access for many
• Who is particularly affected by the cuts to legal aid?

  Those most in need of assistance
• What is the situation at the Magistrates' Courts regarding legal aid?

  It is almost impossible to satisfy legal aid tests
• What has happened to means testing eligibility levels?

  They are now very low
• What is the consequence of non-availability of funding for civil claims?

  Civil claims must be paid privately or through a conditional fee arrangement
• Who faces difficulties due to the lack of funding for civil claims?

  Those with serious disabilities needing compensation
• How are individuals bringing employment claims disadvantaged?

  They cannot receive public funding against large companies
• What does the government budget for its departments affect?

  It limits government money for legal cases
• What takes priority over civil cases in funding?

  Criminal cases take priority
• What can happen to civil cases due to limited funding?

  Civil cases with merit can be refused
• Who can qualify for legal aid under the very low eligibility levels?

  Only those with very low income and capital
• What did senior lawyers and directors of legal aid charities state in their letter?

  Reforms in LASPO 2012 severely impacted access to justice
• What has risen sharply due to the legal aid reforms?

  The number of people representing themselves in court
• Who set the criteria for making legal aid services available?

  The Lord Chancellor
• What did the criteria set by the Lord Chancellor restrict?

  The circumstances in which legal aid was granted
• What does the Guidance for Exceptional Case Funding state?

  Withholding legal aid may cause unfairness in proceedings
• What was the outcome of the Gudjonviciene case in 2014?

  The court ruled the guidelines were unlawful
• What did the court hold regarding s.10(3) LASPO 2012?

  Legal aid must be granted to avoid human rights breaches
• What are the levels of help and representation available?

  Advice only and legal representation
• What does the means test cover?

  Gross income, disposable income, and capital
• What is the only scheme that is not means tested?

  Advice for suspects at a police station
• What is the merits test for civil cases?

  Whether the case has a reasonable chance of success
• What is the 'interests of justice' test for criminal cases?

  A test to determine if legal aid is necessary
• What is a problem with the number of solicitors available?

  The number of solicitors is decreasing
• For which types of cases is legal aid available in civil cases?

  Only for specified types of cases
• What is a significant problem with the means test?

  It is very strict for qualifying individuals
• Why might civil cases be refused funding?

  Because the money has run out