Editorial: Some may not like it, but we can’t usefully discuss legal advice services without talking about money
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I was intrigued to be invited to the Ministry of Justice’s (MoJ’s) Legal Support Strategy Conference on 26 March. I wasn’t quite sure what to expect from an MoJ ‘strategy conference’, what the definition of ‘legal support’ was and how this conference related to the current
Review of Civil Legal Aid. Having attended, I am still pretty much none the wiser. What I do know, though, is that there will be more opportunity for ‘consultations’ with the sector and that the MoJ ‘really wants to hear our views’ – but not about money! In the second workshop, entitled ‘Legal Support Models – how to ensure the necessary services are in place’, an MoJ representative specifically asked the group to put aside the money issue and focus on service delivery. In a separate workshop, a colleague said their group was specifically told at the outset of the session not to mention money (although they did).
Keynote speaker Lord Bellamy KC, parliamentary under secretary of state in the Ministry of Justice, underwhelmed the audience (well, at least the table I was sitting on) with his six headings for civil justice:
1Signposting.
2Tech.
3Early intervention.
4Legal aid v legal support.
5A holistic approach.
6What works best?
There was nothing new to be had from this vision, unveiled to an audience filled with experienced practitioners, academics and policymakers. Point four is worth mentioning in more detail, as I had not appreciated up until then that whatever legal support was (holding someone’s hand? saying calming words as you get evicted?), it was set against legal aid.
‘I really don’t have anything new to say on the subject … but there is value in repetition,’ was how Professor Dame Hazel Genn opened her presentation at the conference on ‘Types of legal support services’. She outlined a few of the
Low Commission’s
1LAG launched the Low Commission on the Future of Advice and Legal Support, chaired by cross-bench peer and disability rights campaigner Lord Low CBE, on 4 December 2012 to develop a strategy for access to advice and support on social welfare law in England and Wales. Its initial report, Tackling the advice deficit: a strategy for access to advice and legal support on social welfare law in England and Wales, was published in January 2014, with a follow-up, Getting it right in social welfare law, appearing in March 2015, and it worked with the Advice Services Alliance on The role of advice services in health outcomes: evidence review and mapping study, published in June 2015. guiding principles from 2012:
•early intervention and prevention;
•simplify legal process;
•tailor services to needs;
•embed advice; and
•provide triage and navigators.
Focusing on embedding advice, she spoke of the value of health justice partnerships (HJPs). Five years ago, I went to Australia to research HJPs with the financial assistance of a Winston Churchill Travelling Fellowship (worth looking into if you have an idea and want to learn from other countries). I returned (as Winston would have wanted) espousing the benefits of HJPs and multi-disciplinary approaches to resolving legal issues. I have preached their benefits to whomever will listen since then (Hazel has been doing this for much longer). And it seems Hazel is right: there is value in repetition, as the MoJ now seems to have taken on board the value of co-located services. But, ultimately, it is about deeds not words – and the money to fund them!
On LAG news, I am thrilled that Fiona Bawdon, the legal affairs journalist who edited
Legal Action from 2014 to 2016, has returned as commissioning editor for the ‘News and comment’ and ‘Opinion and analysis’ sections, on a part-time basis. Fiona will be introducing new features to the magazine to reflect a broader range of voices, to ensure that we continue to lead the access to justice debate and serve our readers as fully as possible. I think you will see the difference this month, with a new column, ‘
Postcards from North Wales’, from Katherine Adams, manager of North Wales Community Law, and more features to come.
When the Master of the Rolls mentioned LAG at the valedictory speech for His Honour Jan Luba KC on 21 March, I felt a sense of pride that we are still creating and publishing legal resources. At the book launch for
Discrimination in Housing Law, its author, David Renton, told the audience that the best advice he had received when starting out as a barrister was from HHJ Luba: that he should write for
Legal Action (you can read an article from David
here). Please do get in touch if you want to do the same – we would love to hear from you.