Access to Justice & Government Funding

Access to justice refers to the ability of individuals to:

• Understand their legal rights and responsibilities
• Obtain legal advice and representation
• Use the courts or alternative methods to resolve disputes
• Enforce legal decisions and remedies

A legal system cannot be considered fair or legitimate unless all individuals, regardless of wealth or social background, can effectively access legal remedies. Funding is therefore central to access to justice, as legal services are often complex and expensive.

Government Funding and Legal Aid

The Legal Aid Agency (LAA)

The Legal Aid Agency (LAA) is responsible for administering legal aid in England and Wales. It operates under the Ministry of Justice and:

• Assesses applications for legal aid
• Applies eligibility rules
• Allocates public funding to legal providers

Legal aid aims to ensure that individuals who cannot afford legal advice or representation are not excluded from the justice system.

Types of Legal Aid

Legal aid can be divided into:

• Criminal legal aid
• Civil legal aid

Each is subject to different availability and restrictions.

Criminal Legal Aid

Availability of Criminal Legal Aid

Criminal legal aid is relatively widely available due to the seriousness of criminal proceedings and the risk of loss of liberty. It includes:

• Free legal advice at the police station
• Representation in the Magistrates’ Court
• Representation in the Crown Court

This reflects the principle that individuals should not face criminal prosecution without proper legal support.

Restrictions on Criminal Legal Aid

In the Magistrates’ Court, defendants must pass:

• A means test (assessing income and capital)
• An interests of justice test, which considers factors such as:
  • Risk of imprisonment
  • Complexity of the case
  • Defendant’s ability to understand proceedings

In the Crown Court, legal aid is usually available but defendants may be required to make financial contributions.

Evaluation of Criminal Legal Aid

Advantages:

• Protects the right to a fair trial
• Reduces risk of wrongful convictions
• Ensures equality of arms between prosecution and defence

Disadvantages:

• Contributions can deter defendants
• Delays in funding decisions
• Pressure on publicly funded defence services

Civil Legal Aid

Availability of Civil Legal Aid

Civil legal aid is far more limited and is available only in specific categories, including:

• Family cases involving domestic abuse
• Housing cases where there is a risk of homelessness
• Immigration and asylum cases
• Public law cases such as judicial review

Civil legal aid focuses on cases involving fundamental rights or serious consequences.

Restrictions on Civil Legal Aid

Applicants must pass:

• A means test
• A merits test, assessing the likelihood of success
• Case-type restrictions

Many areas of law, including:

• Employment disputes
• Welfare benefits
• Most personal injury claims
  are excluded from legal aid.

Impact of Changes to the Legal Aid Budget

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO)

The LASPO Act 2012 significantly reduced the scope of civil legal aid in order to cut government spending.

Impact of LASPO on Access to Justice

• Removal of funding from many civil cases
• Closure of law centres and advice agencies
• Increase in litigants in person
• Longer court hearings due to unrepresented parties
• Reduced access for vulnerable individuals

Context:
While LASPO reduced costs in the short term, critics argue it has shifted costs elsewhere, such as increased court delays and pressure on judges.

Private Funding

Private Legal Funding

Private funding involves individuals paying for legal services themselves, usually through:

• Hourly rates
• Fixed-fee arrangements

Evaluation of Private Funding

Advantages:

• Choice of legal representation
• No eligibility restrictions
• Faster access to services

Disadvantages:

• High costs
• Excludes low- and middle-income individuals
• Creates inequality in access to justice

Conditional Fee Agreements (CFAs)

Conditional Fee Agreements (“No Win, No Fee”)

Under a Conditional Fee Agreement:

• Lawyers are paid only if the case succeeds
• A success fee may be charged

CFAs are commonly used in:

• Personal injury claims
• Some civil litigation

Evaluation of CFAs

Advantages:

• Reduces financial risk
• Encourages access to justice
• Provides incentive for lawyers to succeed

Disadvantages:

• Not available for all cases
• Success fees reduce compensation
• Lawyers may avoid weaker cases

Other Advice Agencies

Where legal aid and private funding are unavailable, individuals may rely on alternative advice agencies.

Citizens Advice

• Free and confidential advice
• Covers housing, employment, debt and benefits
• Widely accessible

Law Centres

• Provide free legal advice in disadvantaged areas
• Specialise in social welfare law
• Many face closure due to funding cuts

Pro Bono Units

• Lawyers and law students provide free services
• Includes university law clinics
• Limited availability

Free Representation Units (FRU)

• Representation in tribunals
• Staffed by trained volunteers
• Focus on employment and social security cases

Trade Unions

• Legal advice and representation for members
• Particularly useful in employment disputes

Insurance Companies

• Legal expenses insurance
• Covers certain disputes
• Often included in home or car insurance

Charities

• Support vulnerable groups
• Provide advice, advocacy and representation
• Examples include domestic abuse charities

Overall Evaluation of Access to Justice

Strengths of the Current System

• Criminal legal aid protects liberty
• CFAs improve access in civil cases
• Advice agencies support vulnerable groups
• Legal aid promotes fairness

Weaknesses of the Current System

• Legal aid is limited and restrictive
• LASPO reduced civil access
• Rise in litigants in person
• Unequal access based on wealth
• Advice agencies overstretched

A-Level Law Exam Evaluation Tips

For top-level responses:

• Link funding to fairness and equality
• Evaluate the impact of legal aid cuts
• Use key terms such as means test, merits test, and LASPO
• Balance cost-saving arguments against access to justice