Legal aid reforms could increase social exclusion, BASW/CoSW warns

The government’s plans to reform legal aid are in danger of pushing many vulnerable individuals to the margins of society, BASW/CoSW has warned.

In its response to the Ministry of Justice’s (MoJ) consultation on reforms to legal aid in England and Wales, BASW/CoSW has said while the government has said its intention is to ensure legal aid is targeted at those who need it most, the plans will do the opposite and deny justice and protection to those people.

‘Ironically, the three groups that are highlighted by the equality impact assessment (women, ethnic minorities and people with disabilities) are likely to be the most affected and disadvantaged if these proposals are carried through,’ said BASW/CoSW’s response.

In particular, BASW/CoSW urged the MoJ to change the wording in the section covering domestic violence to a more inclusive definition of domestic abuse to ensure that no individual experiencing domestic violence is denied their basic human rights through an absence of protection under the law.

‘It would be a travesty of justice if measures being taken to reduce public spending inadvertently turned the clock back to a time where it was even more difficult for individuals to escape domestic abuse, potentially resulting in more human tragedies,’ the response added.

On immigration detention, BASW/CoSW describes the existing provision of legal advice to those detained under immigration legislation as ‘inadequate’, leaving many detainees without a solicitor.

The situation under the new proposals could worsen, however, BASW/CoSW said, suggesting that more people living in the community will be detained as a result of being unable to appeal decisions made about their asylum applications. ‘Consequently, a greater number of people will be locked up indefinitely without access to good quality legal advice,’ it adds.

BASW/CoSW urges the MoJ to rethink and revise what is being proposed to ensure ‘a much more equitable and balanced system is in place for those subject to immigration controls’.

The evidence also highlights concerns over plans to remove asylum support from the scope of legal aid which, it says, will have a ‘devastating effect’ on individuals who may find themselves destitute and homeless as a result of not being able to challenge a refusal to help with housing and subsistence. The proposals, it adds, will also put more pressure on the social care, health and criminal justice systems.

The response also criticises the consultation exercise for failing to include independent social workers in a list of professional expert witnesses whose court fee rates are currently under review. ISWs were told last year that their fees would be capped and BASW/CoSW has repeatedly criticised a failure to fully include social workers in a comprehensive consultation process.