treelover said:
But isn't it the case, that legal aid has been even more restricted by nu labour and money that used to go to law centres etc,is now being divided up by CAB's
Simply not the case.*
There are real problems with legal aid funding, but the above is far too simplistic.
As someone who has worked as an advisor for the last eight years, I'd say the real problems set in at the time when I was just starting out - with the setting up of the Community Legal Service. This was basically the move by Derry Irving and the Lord Chancellor's Dept. to shift Legal Aid away from solicitors and into community advice centres/CABx, including Law Centres. The notion being that, as many of those centres were already providing expert/specialist advice in areas such as welfare benefits, housing, debt and immigration, a local network of such organisations might be better placed to respond to the needs of the local community. They would do this through "bidding" for "franchises" in particular areas of work and, if succesful, would be rewarded with a contract to provide specialist advice in a particular field. In return, the contract would require those organisations to bill or time record for a certain number of hours of "eligible" work.
Solicitors' groups were up in arms - basically arguing that there were insufficient CABx etc with the expertese to do the work/take up the contracts. Advice centres, unfortunately (on reflection), took the opposite view. The sector was always poorly funded and, as much of that funding was provided by the local authority, often insecurely funded too. The opportunity to increase or secure funding was too good to pass up (although it has to be said that, in many cases, the advice sector did and still does have the requisite expertese).
However, what was only apparent to a few at the time has now become increasingly obvious to many working at the rock face in the advice sector - the Community Legal Service was an entirely political move, one with the long-term aim of reducing the legal aid budget.
Those with contracts/franchises are (and were) supposed to have regular audits - to check on both the quality of work and on the legitimacy of the work being charged for. When the CLS kicked off, I was working for an organisation that was part of the pilot scheme with one franchise in debt/money advice. It bid for another three - and got them all, this despite the fact that it hadn't been audited. This kind of thing was repeated across the sector and across the country - and was the Legal Aid Board's direct response to solicitors' concerns. Franchises were basically dished out like smarties and for the first few years, no serious audits were undertaken; at least not ones which resulted in franchises being lost. The scheme couldn't be seen to fail.
In retrospect, my view is the advice sector was used as scab labour. I'm not defending solicitors particularly, but I am saying that the Lord Chancellor's Dept always intended to introduce the kind of cuts and clawbacks we're seeing now - and it knew that the advice sector would be capable of putting up much weaker resistance than solicitors were.
Franchising, in my view, has been a fucking disaster for the advice sector. When I started, there was a real belief that quality, free advice should be available to everyone, regardless of background or means. The effect of franchising has been and will increasingly be to restrict the availability of advice;
- we can only take cases which qualify financially. This means that someone on a low income won't get advice, simply because their means aren't quite low enough. Last week, for instance, I had to refuse a DLA appeal for a severely disabled woman who has been refused benefit - not because of her level of income but because she owns her home. She's got only £75 a week to live on, but the supposition is she should sell her home.
The week before, I had to refuse a woman who's just gone back to work after three years off with depression. In that time she was claiming IS - she's now just been hit for a £15k overpayment of benefit which I think, on the merits of the case itself, is appealable. Her current earnings (about £180 a week) prevent me taking the case.
- the majority of local authorities take the view we no longer have to be funded even to the poor degree we once were. Money from Legal Aid funding means they can cut our budgets. This means that those client with cases which have legal merit but with means just above those which qualify for Legal Aid are even less likely to get quality advice.
- local authorities themselves encourage this process - in most instances, they take the view that only those centres which have franchises/Legal Aid contracts are deserving of their funding, because those contracts in themselves are proof of "quality" advice. No franchise very often equates to no council funding, either and, therefore, closure.
I could go on, but I've written about as much as I can stand to...
(* just realised that I've not really addressed the initial point. Because Law Centres, by and large, took the view that they would run cases on their merits and
not, primarily, because of the financial status of their clients, very few of them actually had Legal Aid funding. Most were funded by their local authority. Historically, that funding was usually greater and more secure than that given to advice centres. This - and the fact that many saw themselves as a "cut above" CABx - did mean that they were often slow off the mark when it came to bidding for franchises under the CLS. Many did catch up - after some initial reticence. Others closed, their reluctance to bid for franchises having a particularly heavy impact when combined with my third bullet point, above.
But it simply isn't the case that Legal Aid funding was taken from them and handed to us. They were just as much at liberty to bid for contracts as we were. Many did - and survived.)