Legal Aid cuts will wreck lives and increase inequality
By Pete Speller
The Tory spending cuts are based on ideology, not sound economics. This
is becoming more and more clear as the scope of the cuts are revealed.
Recent revelations in the Tories’ plans to increase the tuition fee cap
to £9000 per year will block hundreds of thousands of potential students
from attending university, particularly the elite universities which
already have a disproportionate number of students from private and
The latest cuts to be announced are to the legal aid system. Ken Clarke announced this week that the Tories plan to slash £350m a year from the legal aid bill. The legal aid system is already critically underfunded; it was neglected by Labour and is now being destroyed by
There hasn’t been an increase in spending on legal aid in more than 10 years, whilst costs including inflation have soared. This amounts to a real-term 25% cut in spending over the last 10 years. Further cuts won’t just restrict access to legal representation, they risk the collapse of the entire system.
Due to the lack of funding over the last decade, the Legal Services
Commission, the body that controls legal aid in England and Wales, is so
underfunded that it cannot afford to hire enough staff to process legal
aid bills from solicitor firms. This has the knock-on effect that these
firms cannot pay their overheads. Many are on the verge of bankruptcy,
others have stopped offering a legal aid service.
The cuts to the legal aid will impact on almost every area: clinical negligence, education, employment, immigration, benefits, debt, housing
and certain family law cases. These are all areas that significantly affect many people on low-incomes on a daily basis, many of them needing
this support to keep their homes, jobs and families. The repercussions
of these cuts will have far-reaching consequences for the rest of society also.
If legal aid is taken away from employment cases, this will allow
employers to exploit their low-paid workforces with impunity, safe in
the knowledge that they don’t pay their staff enough for them to be able
to afford legal representation. Included under employment law is sexual
harassment in the workplace. If women, already disproportionately
affected by the cuts as well as workplace harassment and exploitation,
cannot get legal representation the pay-gap will increase and women will
suffer further exploitation and oppression in the workplace.
There are exceptions for domestic violence cases written into the changes, but this won’t be sufficient to protect people, particularly women and children. It is estimated that only 2.5%-15% of domestic abuse cases are reported. If victims fear they could be left in crippling poverty due to legal fees fewer cases will be reported and more people will live their lives in fear and oppression.
Reform is desperately needed in the legal aid system but not because we
need to make cuts and not by cutting peoples’ access to services. Whilst
the vast majority of solicitors earn very modest sums from legal aid,
particularly considering the amount of work they do, there are a handful
of barristers who earn disproportionately more. Many of the top Queens’
Counsels can bill the legal aid system for up to £500,000 per year, on
top of their salaries for private cases. I would suggest this is where
the savings can be made, not by taking the services away from the people
who need them and the overworked and underpaid solicitors.
Free access to legal representation for those who need it is a cornerstone of a fair and equal society. The cuts to the legal aid system will lead to increases in exploitation, sexual harassment, discrimination, segregation, poverty, debt, homelessness, domestic violence, abuse….
Doesn’t sound much like a fair society to me.