Government’s legal aid support package unveiled in response to coronavirus pressures

A legal aid support package was unveiled last week, which the government claims will help legal aid practitioners through the coronavirus pandemic.

The support package comes after the Young Legal Aid Lawyers group collected evidence to support their discussions with representative bodies and the government on the negative impact of the outbreak on their professional lives. This evidence also aimed to shape the group’s recommendations for law firms and barristers’ chambers.

According to the Law Gazette, one solicitor stated: “The lack of criminal work may shut down the firm if the Legal Aid Agency refuses to institute a regular payment scheme.”

A criminal barrister said: “I will be making zero money until the courts start calling trials in again. Most hearings are being adjourned as well. All of my work for the duration of any lockdown and/or closure of the criminal courts has gone… Devastating. My income has completely stopped overnight. My clerks are great and are finding every little thing they possibly can to bill, and similarly the Crown Prosecution Service are turning around payments swiftly, but I will run dry within two months.”

One lawyer, whose mother has serious health issues, has had to move out of their home to continue working so as not to place her at risk of the virus. Meanwhile, another reported having to sit in small rooms with clients at police stations and courts: “The courts are not set up to socially distance – for example, when you need a quiet word with the prosecutor or to take a couple of extra instructions from your client”. 

The Ministry of Justice (MoJ) recognised that measures to protect court users, the judiciary and lawyers has caused delays in progressing cases through the justice system, as well as a reduction in new cases. As such, the government introduced additional measures to help legal aid practitioners “manage their funds in the short term”.

These measures include better access to hardship payments for crown court cases (ie, lawyers get paid before a case has ended); the threshold for work done has been reduced from £5,000 to £1,000; and the timescale for which a case had to last (previously six months) has also been reduced. In addition, the Legal Aid Agency is pausing its pursuit of outstanding debts, while increased payments will be introduced for virtual hearings in appeals before the mental health tribunal, and remote advice in police custody, to ensure they coincide with in-person hearings.

Expressing his gratitude, Lord Chancellor Robert Buckland acknowledged the “immense flexibility and determination” shown by legal aid practitioners throughout the outbreak. He added: “These measures are a clear indication of their important status both in times of crisis and beyond and the role they play in ensuring the justice system continues to function effectively. I will continue to work with the sector to ensure that the most vulnerable in society are provided with the representation and support they need through our legal aid system.”

The Law Society welcomed the government’s efforts to facilitate solicitors making their payment claims earlier than normal, but it remains unclear whether the government’s response is sufficient – this will be determined by the speed at which the police and courts find alternative ways to handle additional routine work, as well as maintain a volume of cases.

Law Society President Simon Davis stated: “It will also depend to what extent, if and when some form of normality resumes, workload increases above their pre-crisis levels - enabling practitioners to recover lost income. This cannot be presumed. Even if so, it would require practitioners to incur significant additional costs long before they see such an increase. Thus, there is significantly more that needs to be done to ensure the criminal defence sector is able to make it through this crisis.

“It is vital that the Legal Aid Agency processes claims as quickly as possible whilst avoiding technical objections. The MoJ must keep its door open and respond urgently to any further feedback from the profession about the measures needed to enable practices to survive.”

Responding to the measures, Bar Council Chair Amanda Pinto QC said they will have “little impact on the many criminal legal aid barristers whose livelihoods depend on conducting important criminal trials. The changes, albeit made in a spirit of helpfulness, will have no effect on the overwhelming majority of criminal barristers”.