The lord chancellor's decision to increase civil legal aid fees for lawyers doing housing and immigration work has been widely welcomed – but also prompted calls for further investment across the sector.
Shabana Mahmood today announced a minimum 10% fee uplift as part of a £20m-a-year investment for lawyers doing housing and debt, and asylum and immigration work. A consultation will be published in January. However, fees for other civil legal aid categories, such as education, mental health, discrimination and community care, 'remain under consideration'.
Welcoming today's announcement, Law Society president Richard Atkinson said: ‘It is encouraging to see that the government has increased hourly rates by at least 10%, and in a few instances by significantly more, recognising the importance of investing in civil legal aid to level the playing field for those seeking access to justice.’
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However, Atkinson said the government must now continue acting for the common good and invest across all areas of civil legal aid, provide a timetable for further investment and steps to reduce the cost of delivering legal aid services, and set out a clear vision for putting 'this public service' on a sustainable footing.
Law firm Duncan Lewis, which dropped legal action against the government over immigration and asylum fees, said the average hourly rate for controlled immigration and asylum work in London is around £53.61. An increase to £69 would equate to a 29% uplift and make this work sustainable again.
However, Duncan Lewis solicitor Jeremy Bloom urged the government to introduce an annual review mechanism for legal aid rates of pay 'so that litigation like this is not necessary in the future to ensure that people can exercise their right to access justice’.
Rosalyn Akar Grams, managing director of legal practice and children’s rights at Coram Children's Legal Centre, said the centre's legal team supports and represents frightened, frustrated and desperate young clients facing a torrent of new and 'often hostile' Home Office policy.
'This uplift to fees will make a huge difference to our capacity to operate as a charity and to continue to support children, young people and families,' Akar Grams said.
The Housing Law Practitioners Association said the consultation must be done quickly to avoid lawyers quitting the sector. It noted that any funding increase must reflect cost pressures that will arise from the chancellor's decision to raise employer national insurance contributions.
The Legal Aid Practitioners Group said there was a strong case for continued investment in all areas of legal aid but was pleased to see the government consult on an 'important first step'.
Bar Council chair Sam Townend KC said: 'In our submission to the review of civil legal aid we called for urgent investment, recognising that the bar’s goodwill had been taken for granted for far too long. That urgency remains - there is a real crisis now as a result of decades of underinvestment in these sectors. Capacity will take time to rebuild so we must start as soon as possible.'
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