The most senior judges in England have written to MPs criticising cuts to legal aid, which they say are responsible for a surge in unrepresented claimants, outbreaks of courtroom violence, additional litigation and increased costs.
Members of the Judicial Executive Board, which includes the Lord Chief Justice, Lord Thomas and Master of the Rolls, Lord Dyson, imply that the Ministry of Justice’s policies aimed at reducing the legal aid bill may have been counter-productive.
The Board was asked to give written evidence to the Commons Justice Select Committee, which is looking into the effect of changes introduced by the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012.
In the letter, the judges say that one of the worst effects of the cuts has been on security in courts, as there can be outbreaks of violence, which the smaller courts, typically county courts, are not equipped to deal with.
Another is that the absence of funding for crucial experts’ reports before cases are brought has resulted in an increase in unmeritorious claims and, almost certainly, some meritorious cases never being brought.
They have also found that there has been a large increase in the number of cases where one or both parties in private family law cases do not have legal representation. This is because legal aid has been removed and individuals have had to become self-represented, which has had an adverse impact on courts’ administration and efficiency.
The judges wrote that the apparent saving of cost by a reduction in the legal aid budget needs to be viewed in context, as it often leads to increased cost elsewhere in the court system.
However, a spokesperson for the Ministry of Justice has refuted the claims in the letter, saying that the latest figures show that family court performance is being maintained, with the average time taken to complete cases remaining steady since April last year.