This briefing document provides a short overview of some of the key points raised by both speakers and guests in the February 2023 London Specialist Advice Forum. 

Overview of key policies

• The policy landscape in access to justice is full of reviews. The review on Civil Legal Aid is coming at the point of nearly 10 years since the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act.
• This was followed by the Legal Support Action Plan (2019). which has changed significantly since it was introduced partly because of the pandemic.
• In 2021, we had an Independent Criminal Legal Aid Review  led by Lord Bellamy, this review is currently ongoing.
• We have also had the Legal Aid Means Test review which was part of the Legal Support Action Plan and Stage 1 is expected to be complete in 2023.
• The Ministry of Justice (MOJ) is also making changes to the Fixed Recoverable Costs (2023) regime and dispute resolution which will have an impact on Legal Aid, especially social housing cases. This iswhy several representative bodies including Law Centres Network have been pressuring the Ministry of Justice to exempt Housing cases (which it now has). 

The Review of Civil Legal Aid (ROCLA): What we know so far

• We know that it has been trialled since 2022 with the announcement in 2023. It will have four main analytical parts.
• The first one is the economic analysis of the structure of civil legal aid market, what’s working and what’s driving problem and gaps
• They also want to look at what is happening in other jurisdictions around the world that have civil legal aid system and what can England and Wales can learn from them.

The first two pieces of the analysis will be sent to an external provider and the plan is to conclude with a list of policy options by summer 2024. The process will take about a year and a half.

• The third aspect of the review would be the data publications series which will derive from the first two analytical points- it will be a quantitative overview but will also have several qualitative deep dives into specific areas of law. Generally the review is expected to look at only six categories of law and not the full gallery of eleven main areas of law.
• The MOJ is looking to map the user journey and identify pinch points in the civil legal aid system and consider things like civil legal aid deserts.

The Review of Civil Legal Aid (ROCLA): What is still not clear

• The worst about the review is that we still don’t know what the purpose of it is. The announcement of the review only provides the terms and references of the first part of the analysis. There is no terms of reference for the review as a whole.
• This review focuses on the supply side of Legal Aid; there is very little attempt to shape the legal service in addressing the paths people have in seeking Legal Aid. Many think the question should be about how you improve people’s pathways to legal aid and how you make the system more efficient. 
• Lastly, if the review runs into the summer of 2024, this is when the current civil legal aid contract is expected to conclude. That means the review may still not be early enough to shape the next civil legal aid contract. In this case we would have a LASPO shaped contract period before we can move on.

To find out more you can also read “The Fragility of Civil Legal Aid” by Matt Howgate over here.