Urgent reforms to save the civil legal aid sector may never see the light of day in the current parliament it has emerged following the government's decision to push back the timetable for its review on building a sustainable system.

The civil legal aid review was announced in January 2023. Economic analysis and comparative research were supposed to conclude by the end of this month. This would be followed by a consultation on final policy proposals. However, in a letter seen by the Gazette, the civil legal aid review team said on Monday that the review findings will be published in phases and a ‘green paper’ will be published this summer.

The letter says a phased approach 'allows more time to build a strong evidence base that is capable of supporting high-quality policy development'.

An international comparator report will be published this month. An economic analysis report, user research package, and an overview report and advocacy research will be published in May. An overarching final report summarising the review’s evidence-building phase, green paper consultation and the government’s response to the call for evidence will be published in July.

Cabinet Office guidelines require government consultations to be open for 12 weeks, which means the green paper consultation would close in October. The next general election must be held by 28 January 2025. If an election is called just before Christmas, any policy decisions following the green paper consultation would fall in or just before election ‘purdah’, when ministers and civil servants must exercise caution in making announcements or decisions that might affect the election campaign.

To justify the 'phased approach' the letter cites the ‘high number of responses’ submitted to the review’s call for evidence. However, practitioners are likely to question why the call for evidence, which was issued a year after the review was announced, was not opened earlier.

A Ministry of Justice spokesperson said: ‘We want to make sure the civil legal aid system is more effective, efficient and sustainable which is why it is vital our evidence for reform is as comprehensive and robust as possible. Given the broad remit of the review, we have taken the decision to publish its findings in phases – ensuring we accurately reflect the experience of the sector and the evidence gathered before setting out proposals in a green paper this summer.’

Law Society president Nick Emmerson said: 'We are liaising closely with the UK government as it undertakes its civil legal aid review. An emergency investment of £11.3m for providers of early legal advice is desperately needed while the review takes place. This is made more urgent by the delay. There is an ongoing tension between doing things quickly – as the system is in such a dire state – and doing them effectively. We will continue to advocate on behalf of our members while the review takes place.'  

 

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