2.18LASPO is in many parts, and covers several aspects of justice policy. The key parts for legal aid are Part 1 (which contains the enabling powers for the new scheme) and Schedule 1 (which sets out what civil work is in scope). Much of the detail of the operation of the scheme is found in regulations made under LASPO, and in contracts entered into using its statutory powers.

2.19The Act required the Lord Chancellor to make legal aid available in certain categories of case, defines what those cases are, created the Legal Aid Agency (and abolished the LSC) to administer legal aid and empowers the passing of regulations to govern the detail of the scheme.

2.20In practice, the abolition of the LSC and its replacement with the LAA did not make much difference. Constitutionally, there is a difference since the LSC was an arm’s-length body and the LAA is an agency of the Ministry of Justice. This means that the staff are civil servants and the chief executive is more directly accountable to ministers. There was some concern during the passage of the Act that this risked potential political interference in LAA decision-making in respect of individual cases. There are safeguards in the Act which seem to have been largely effective in practice, at least at the level of individual funding decisions.

2.21However, concerns have been raised about certain contract decisions involving politically contentious firms. Leading commentator Roger Smith has described the LAA as a ‘constitutional monstrosity’2www.lawgazette.co.uk/constitutional-monstrosity/5058524.article/. and pointed out that the safeguards in LASPO relate to decisions on cases – not decisions on contracting or treatment of solicitors.

2.22Most practitioners carrying out their day-to-day work have not, in the main, seen significant change. There are still caseworkers to assess applications for legal aid (though most applications are now made and administered electronically, they are still individually assessed by LAA staff), auditors to conduct audits, and contract managers to manage contracts.

2.23The Access to Justice Act 1999 created two separate funds for administering legal aid, the Community Legal Service and the Criminal Defence Service. Each had their own branding to be used by practitioners as well as the LSC. These were removed, so that now the Legal Aid Agency simply administers a single legal aid fund. There are no longer two separate funds, and there are no specific branding or logos for civil or criminal work. Some practitioners still display the CLS and CDS logos but this is strictly incorrect as these have been withdrawn. The LAA suggests they can state ‘contracted with the Legal Aid Agency’ instead.3See para 1.66 above.

2.24LASPO vests most of the decision-making powers in respect of legal aid in an official called the Director of Legal Aid Casework. This is the Chief Executive of the Legal Aid Agency, Shaun McNally.4Shaun McNally took over from the first Director of Legal Aid Casework and Chief Executive, Matthew Coats, in the summer of 2016. For practical purposes, his powers and responsibilities are delegated to LAA and Court Service staff who make decisions in respect of individual cases.