Chris Grayling’s legal aid cuts ‘so unfair they are illegal’, rules High Court
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Version 0 of 1. Chris Grayling, the Secretary of State for Justice, acted illegally in trying to drive through multi-million pound legal aid cuts that could have led to the closure of hundreds of legal firms, a High Court Judge has ruled. The Government has been told to halt its cost-cutting plans for legal aid payments for duty solicitors at police stations. Under the plans, the work currently carried out by 1,600 firms would be limited to 525 contracts, leading to closures and mergers of high-street legal firms attempting to make the new system pay. The High Court ruled that the Government failed to properly consult with the profession over the changes, notably in a report by KPMG into the finances of the shake-up. The decision means that part of the process will have to be repeated. “Something clearly did go wrong,” said Mr Justice Burnett in his ruling. “The failure was so unfair as to result in illegality.” The judge, however, ruled out an attempt by a London association of solicitors to quash an 8.75 per cent cut in legal aid fees to solicitors. The Government said it would press ahead with its reforms. Campaigners believe that changes could be delayed until after next year’s general election, which could potentially kill off the plans – part of wide-ranging reforms of the court system and its funding. “These so-called ‘reforms’ were sold in the name of austerity,” said Nicola Hill, president of the London Criminal Courts Solicitors’ Association. “They’re being railroaded through by a Justice Secretary determined to push through an ideology. “The cuts have been nothing short of an assault on justice, compromising fair representation for people accused of a crime in police stations and courts. They threatened the principle of innocent until proven guilty and equal access to justice.” Mr Grayling’s department has been behind some of the most controversial reforms of the coalition, which have included part-privatisation of the probation service, the building of new large prisons and cuts to legal aid. The government has argued that the UK has one of the world’s most expensive legal systems and that it is ripe for reform. Solicitors’ groups said the changes would hit the most vulnerable in the criminal justice system. The body which investigates has expressed concerns that the Government’s planned £220m legal-aid cuts could undermine the ability of lawyers to prevent wrongful convictions and land the taxpayer with significant costs in trying to put right miscarriages of justice. The plans have divided the legal profession after the Government struck a deal with barristers over payments. The Law Society, the body that represents solicitors, those who carry out the bulk of work in lower courts, was split over its leadership’s willingness to make a compromise with the Government. The divisions resulted in a vote of no confidence in the president and chief executive. A Ministry of Justice spokesman said: “This judicial review was not wholly successful: the claimants failed in their challenge to the fee cut. However, the judgment has raised some technical issues about the consultation process, which we are carefully considering. “We will continue to implement reform of the criminal legal aid system. We must ensure legal aid is sustainable for those who need it, for those who provide legal services as part of it and for the taxpayer, who ultimately pays for it. Even after reform we would still have a very generous system at around £1.5bn a year.” |