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Assessing the justice of claims over legal aid cuts Assessing the justice of claims over legal aid cuts
(5 months later)
Your recent article on government plans to reduce criminal legal aid for prison law cases (Society, 24 April) is confused about the type of cases where prisoners would no longer be able to obtain a publicly funded lawyer. Our consultation paper proposes stopping legal aid where issues can be dealt with by the existing complaints system – like a prisoner appealing against the category of prison in which they are held, or a decision to move them to a different section within a prison, or taking legal action over issues like visits or correspondence. The prison discipline procedures and probation complaints system are also available for issues to be resolved efficiently and effectively. We believe our proposal will save taxpayers about £4m and reduce by about 11,000 the number of legally aided cases brought by prisoners each year.Your recent article on government plans to reduce criminal legal aid for prison law cases (Society, 24 April) is confused about the type of cases where prisoners would no longer be able to obtain a publicly funded lawyer. Our consultation paper proposes stopping legal aid where issues can be dealt with by the existing complaints system – like a prisoner appealing against the category of prison in which they are held, or a decision to move them to a different section within a prison, or taking legal action over issues like visits or correspondence. The prison discipline procedures and probation complaints system are also available for issues to be resolved efficiently and effectively. We believe our proposal will save taxpayers about £4m and reduce by about 11,000 the number of legally aided cases brought by prisoners each year.
All prisoners have access to the internal prisoner complaints system with a clear set of procedures to ensure cases are dealt with appropriately. Where the internal complaints system has been exhausted, a prisoner can refer an issue to the independent prisons and probation ombudsman or the relevant independent monitoring board. Cases where prisoners are subject to serious disciplinary procedures or where their actual detention is being reviewed – such as at a parole hearing – will still receive legal aid. Your article confuses these new proposals with other measures, brought into effect in 2010, which put in place restrictions on funding for treatment cases that now require prior approval by the Legal Aid Agency. It is right that legal aid should be preserved for those most in need and where a lawyer's services are genuinely necessary. There is clearly more to do to get a grip on public spending in this area.
Tom McNally
Justice minister		All prisoners have access to the internal prisoner complaints system with a clear set of procedures to ensure cases are dealt with appropriately. Where the internal complaints system has been exhausted, a prisoner can refer an issue to the independent prisons and probation ombudsman or the relevant independent monitoring board. Cases where prisoners are subject to serious disciplinary procedures or where their actual detention is being reviewed – such as at a parole hearing – will still receive legal aid. Your article confuses these new proposals with other measures, brought into effect in 2010, which put in place restrictions on funding for treatment cases that now require prior approval by the Legal Aid Agency. It is right that legal aid should be preserved for those most in need and where a lawyer's services are genuinely necessary. There is clearly more to do to get a grip on public spending in this area.
Tom McNally
Justice minister
• The Ministry of Justice intends to remove client choice in criminal cases to minimise the risk of standards becoming too high. The plan is to introduce measures that ensure the level of service provided by criminal lawyers does not exceed "acceptable" levels. In its consultation document, Transforming Legal Aid: Delivering a more credible and efficient system, the ministry proposes removing a citizen's access to the solicitor of their choice.• The Ministry of Justice intends to remove client choice in criminal cases to minimise the risk of standards becoming too high. The plan is to introduce measures that ensure the level of service provided by criminal lawyers does not exceed "acceptable" levels. In its consultation document, Transforming Legal Aid: Delivering a more credible and efficient system, the ministry proposes removing a citizen's access to the solicitor of their choice.
The legal profession believes that client choice is the best way of ensuring standards remain high, because a lawyer's livelihood depends upon their reputation. Yet tucked away in the impact assessment, the MoJ reveals its hand in true Gerald Ratner style. It says "client choice may in certain circumstances give an incentive to provide a legal aid service of the level of quality that is above the acceptable level… as firms compete on quality rather than price" and goes on to say that removing client choice is likely to "reduce the extent [to which] firms offer services above the acceptable level". I had to re-read this section several times before it became clearto me that the MoJ want defence lawyers to perform at acceptable levels but no higher.The legal profession believes that client choice is the best way of ensuring standards remain high, because a lawyer's livelihood depends upon their reputation. Yet tucked away in the impact assessment, the MoJ reveals its hand in true Gerald Ratner style. It says "client choice may in certain circumstances give an incentive to provide a legal aid service of the level of quality that is above the acceptable level… as firms compete on quality rather than price" and goes on to say that removing client choice is likely to "reduce the extent [to which] firms offer services above the acceptable level". I had to re-read this section several times before it became clearto me that the MoJ want defence lawyers to perform at acceptable levels but no higher.
So don't home-visit a disabled person, don't track down alibi witnesses who could prove your client's innocence, and certainly don't wade through unused material for that silver bullet that will secure your innocent client's acquittal. In its proposals the MoJ is displaying a callous disregard for the rights of its citizens, as client choice and quality of legal service have been sacrificed on the altar of price competition.
Matthew Claughton
Managing partner, Olliers solicitors, Manchester		So don't home-visit a disabled person, don't track down alibi witnesses who could prove your client's innocence, and certainly don't wade through unused material for that silver bullet that will secure your innocent client's acquittal. In its proposals the MoJ is displaying a callous disregard for the rights of its citizens, as client choice and quality of legal service have been sacrificed on the altar of price competition.
Matthew Claughton
Managing partner, Olliers solicitors, Manchester
• Chris Grayling claims there were only 54 "successful" immigration judicial reviews in 2011 (Report, 23 April). In 2011 our small practice lodged 41 immigration judicial review applications. Of these, 38 (over 92%) were either won in court or (more often) settled out of court in our favour.
Margaret Finch and Sean Mcloughlin
Directors, TRP solicitors, Birmingham		• Chris Grayling claims there were only 54 "successful" immigration judicial reviews in 2011 (Report, 23 April). In 2011 our small practice lodged 41 immigration judicial review applications. Of these, 38 (over 92%) were either won in court or (more often) settled out of court in our favour.
Margaret Finch and Sean Mcloughlin
Directors, TRP solicitors, Birmingham
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