New Government plans to reform legal aid may hit disabled people seeking justice, says Paul Carter
The Government has been strongly criticised over plans to make drastic reductions to eligibility for access to legal aid.
Under proposals outlined in a new green paper, the Ministry of Justice plans to remove whole areas of the law from the legal aid system, including benefit appeals, SEN, medical negligence and employment discrimination; areas where disabled people are often disproportionately affected.
Justice Secretary Ken Clarke said that he strongly believed that access to justice was “the hallmark of a civilised society”.
“But at more than £2 billion each year, we currently have one of the most expensive legal aid systems in the world. This cannot continue,” he said.
“The proposals I have outlined suggest clear, tough choices to ensure access to public funding in those cases that really require it, the protection of the most vulnerable in society and the efficient performance of the justice system.”
Disability organisations reacted angrily to the proposals. Richard Hawkes, Chief Executive of disability organisation Scope, said that if implemented, the plans would leave many disabled people without recourse to challenge decisions.
He said: “The benefits system is notoriously complex and prone to administrative error. It is hard to see how measures that lead to a decrease in the availability of legal aid will help disabled people to better hold decision-makers to account for their actions.
“In an era of budget cuts and job losses, what now happens to disabled people who fall foul of public and private bureaucracies? The courts have traditionally been the last line of defence against poor, unfair and unlawful decisions.”
According to the green paper, disabled people will be able to get alternative legal support and advice from charities and support organisations such as Disability Alliance, Age UK and the Child Poverty Action Group.
However, Neil Coyle, Chief Executive of Disability Alliance, has written to the Government demanding an apology, calling that claim “factually incorrect and extremely misleading”.
He said: “As a simple courtesy it would have been preferable if you had discussed inclusion of this comment in advance of publication. It is factually incorrect and extremely misleading.
“The implication that charities like Disability Alliance are available to help people in the advent of legal aid cuts misrepresents the reality that we do not provide such support. We are very concerned that this statement has been included and are keen to see it withdrawn as soon as possible.”
The consultation runs until 14 February 2011, although it is restricted to what the Ministry of Justice calls “providers of publicly funded legal services and others with an interest in the justice system”.
