What is the cost of investing in legal aid, and how could it work towards actually creating savings for the Treasury? A new report by the Access to Justice Foundation with the Bar Council has found that government investment in legal aid may actually be beneficial for the Treasury over the next decade.
The report, entitled the Value of Justice for All report, found that potentially over £11bn in savings could be made through providing specialist free legal advice; based on the findings that £4.5bn could be saved for every 500,000 people who receive it in the first year, the report concludes that a shift towards pre-emptive action will inevitably create a process that reduces the need for later protracted costs. Interviewing 20 free specialist legal advice providers, Pragmatix found that the majority of advisers spoken to received funding from a ‘combination of sources’ which could lead to ‘complex financial management of budgets for advice providers.’ The collected research found that the cost to the government of a positive outcome from free legal advice may be a net loss, finding that ‘alternative outcomes for these individuals and families will more often than not result in costs to local or central government which are generally much higher.’ It is clear, as Sam Townend KC suggests, that the government should adopt a ‘fresh approach’ to legal aid, and recognise that this is an area where savings can be made. It is clear, as Townend KC reiterates, that ‘a properly funded free legal advice sector would make a huge difference to the hundreds of thousands of people behind each case’.
Though it is interesting to examine the financial costs element of legal aid, and recognise that it is important to find ways that governmental investments can directly impact recipients, it is also worth noting that access to legal aid is a moral issue at its core. As outlined by Clare Carter, chief executive of Access to Justice Foundation, ‘without increased and sustained investment, we risk failing the people, places and communities who need us most.’ We believe this is the most important aspect of increasing funding, as it is a social responsibility to ensure that everyone has access to legal advice, especially those who cannot afford the often extensive legal costs. As the research by the Law Society and Legal Service Board found, 38% of people with legal issues did not receive any help, a statistic that clearly exemplifies a lack of access to all. Whether or not the report outlines an economically viable plan, it is a necessary step to take in terms of social cohesion and justice.
We at Brighton & Hove Law believe that early legal advice inevitably helps cases run quickly and smoothly in comparison to long, protracted proceedings that become complicated by a lack of access. We offer an extensive amount of legal aid and advice services for this reason, as we believe it is the morally responsible and right thing to do. All people deserve access to legal advice, to be aware of the costs and to understand their rights. Please get in touch if you have any questions on a legal issue and aren’t sure what your rights are, what legal support you can access, or any questions about costs.