The Guardian 15th November 2010
Hundreds of thousands of people with family and housing law problems will no longer have access to free legal advice under government proposals announced today.
Measures proposing the most drastic cuts to legal aid in its 60-year history would seek to reduce the number of civil law cases by 547,000 a year in what ministers describe as an attempt to save money and "discourage a culture of litigation".
"In civil legal aid and private family law people are too often willing to hand over their personal problems to the state … there is a lack of appreciation of the implications of going to court. The need to make savings provides us with the impetus and urgency for change."
The proposals, published in a consultation paper today, suggest the removal of whole areas of law from the scope of public funding. Divorcing couples will no longer be able to receive free legal representation for court cases, other than in cases where there is domestic violence or forced marriage, in a change ministers say should encourage mediation.
Government figures estimate the move will reduce the number of cases by 265,000 per year. People facing homelessness, housing disrepair and antisocial behaviour will still be able to gain free legal advice.
But people with other housing problems will no longer get state help, despite a government statement acknowledging that these people are "more likely to be ill or disabled". This move means some 38,000 people per year will no longer able to access free legal help.
The legal profession was gearing up to respond to the proposals today. Many of those who deliver legal aid services would lose their jobs as law centres and firms offering free advice would face closure under the measures.
In addition, all fees for legal aid lawyers would be cut by 10%. "The starting point is not what lawyers earn or how many lawyers there will be," said Djanogly. "The starting point is how much support the taxpayer should give for legal aid."