Impact,Legal,Aid,Changes,There law Impact of Legal Aid Changes
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There has been a lot of talk across the UK legal sectorrecently about the legal aid changes that have now come into force. As part oftheir cost saving strategy, the government is aiming to significantly reducethe amount spent on legal aid each year. Their target is to reduce the previousfigure of around £2.2 billion a year by £350 million. The governments stated aim is to safeguard legal aid forthose who really need it by ensuring there isnt wastage elsewhere. They havetherefore made reforms to the Legal Aid, Sentencing and Punishment of OffendersAct (LASPO). There will be a number of areas of law that will be hitthe most, namely family law, employment law, clinical negligence law andimmigration law. Those going through divorce or separation are nolonger able to claim legal aid in most cases. This includesseparations that impact children, something that has been highly criticised.Those taking legal action against a former employer, for example those claimingunfair dismissal, will also be impacted. An area of law which is often referredto when discussing wastage is negligence and these changes will make it moredifficult for many to gain compensation in situations of clinical negligence.Another area where there will be an impact is immigration where a person is notdetained. There will be some areas where legal aid will still beavailable within family law and immigration law. Some involved in family lawcases where domestic violence can be proven, child abduction has occurred orsomeone has been forced into marriage will still be entitled to legal aid. Itwill also still be available in asylum cases. There are fears amongst many in the legal sector thatthese cuts could have a major negative impact on certain areas of law. Accordingto the Guardian, research has suggested that 25 percent of lawyers and advisorsfear the knock-on effect will lose them their jobs. Another concern is thatmany will be unable to afford good legal advice and will take the law intotheir own hands as a result; that more people will attempt to representthemselves. A general consensus is that vulnerable people willsuffer, with some claiming it is an attack on the poor. While wealthier membersof society will always be able to afford legal representation, some cannot, andthis could mean that those without the necessary funds will not be able tocarry out justifiable legal action in certain circumstances. For example, thoseimpacted by medical negligence might not be able to begin proceedings forcompensation which they may be fully entitled to. There has clearly beenwastage in this sector, and it is right that this is looked at, but the dangeris that it will lead to people not getting the compensation they are entitledto. These changes could lead to people remaining in unhappy marriages, andchildren remaining in unhappy households, as divorce becomes unaffordable tosome. There are suggestions that there will be instances where one party in aseparation will be able to afford legal representation while the other will notbe able to, meaning the wealthier party is more likely to come out of a divorcebetter placed. There certainly is the opportunity to save costs withinthe legal sector, but is ending legal aid in certain legal sectors really thebest way of saving money? When looking to save on costs it is difficult to getthe balance right. The reality is that money can be saved in legal aid andthere are circumstances where legal aid isnt required. Rather than targetingwhole areas of legislation, though, would it not make more sense to reduce theamount people are entitled to or the number of people who qualify? For example,the threshold of those who can receive financial assistance could be changed.It is important to support those who need it, while not using tax payers moneyunnecessarily. If the government is attempting to safeguard legal aid for thosewho really need it, why are they taking its availability completely away fromcertain sectors? Andrew Marshall ©
Impact,Legal,Aid,Changes,There