'Legal aid cuts: 'a return to widespread miscarriages of justice'' diff viewer (0/1)

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Legal aid cuts: 'a return to widespread miscarriages of justice'	Legal aid cuts: 'a return to widespread miscarriages of justice'
2013-07-02 16:40:10 UTC	2013-09-29 06:25:59 UTC (3 months later)
Mark Neary Won case against Hillingdon council detaining his autistic son in care	Mark Neary Won case against Hillingdon council detaining his autistic son in care
The changes to legal aid mean people will have to represent themselves, but it's hard to fight on your own – the legislation can be impenetrable, you have the emotional pressure of the hearing and, as a layperson, you suddenly have to be on top of complex law. The psychological impact is immense. You have hours in the witness box, you're verbally attacked – you have to defend yourself and be very resilient. Imagine doing that without counsel.	The changes to legal aid mean people will have to represent themselves, but it's hard to fight on your own – the legislation can be impenetrable, you have the emotional pressure of the hearing and, as a layperson, you suddenly have to be on top of complex law. The psychological impact is immense. You have hours in the witness box, you're verbally attacked – you have to defend yourself and be very resilient. Imagine doing that without counsel.
Without legal aid [to fight the council at judicial review] Hillingdon would have moved Steven 300 miles away to a secure hospital. Our relationship would have broken down and it would have taken him away from his support staff and familiar places. The judge said: "Steven would have faced a life in public care that he does not want and does not need". That's what will happen to others in our situation as a result of the changes.	Without legal aid [to fight the council at judicial review] Hillingdon would have moved Steven 300 miles away to a secure hospital. Our relationship would have broken down and it would have taken him away from his support staff and familiar places. The judge said: "Steven would have faced a life in public care that he does not want and does not need". That's what will happen to others in our situation as a result of the changes.
Alison Brown (not her real name) Teenage son wrongly accused of a crime	Alison Brown (not her real name) Teenage son wrongly accused of a crime
Earlier this year, a man in his 50s accused my son of attempted robbery in central London. The solicitor we chose went that extra mile. She refused to accept there was no CCTV of the alley, as police claimed. After four weeks, the CCTV was presented by police, blew the alleged victim's account out of water and the youth court dismissed the case. A duty solicitor isn't always going to spend the time, and I don't think someone who'd been working all night would have been as thorough as our solicitor. Legal aid meant that my son didn't wrongly become a youth offending statistic – I am grateful for that. The changes are unfair and disempower a young person or family, the system is stacked against them – but you're meant to be innocent until proven guilty.	Earlier this year, a man in his 50s accused my son of attempted robbery in central London. The solicitor we chose went that extra mile. She refused to accept there was no CCTV of the alley, as police claimed. After four weeks, the CCTV was presented by police, blew the alleged victim's account out of water and the youth court dismissed the case. A duty solicitor isn't always going to spend the time, and I don't think someone who'd been working all night would have been as thorough as our solicitor. Legal aid meant that my son didn't wrongly become a youth offending statistic – I am grateful for that. The changes are unfair and disempower a young person or family, the system is stacked against them – but you're meant to be innocent until proven guilty.
Selamawit Tadesse Victim of domestic violence who had been in the UK for less than a year	Selamawit Tadesse Victim of domestic violence who had been in the UK for less than a year

I'm from Ethiopia and met my husband through a friend. We married in May 2011 and, because my husband had refugee status here, I joined him in the UK as a "post-flight spouse", meaning I could apply for settled status at a later date. Within a few days of my arrival, my husband totally changed. He hit me for no reason and raped me many times.	I'm from Ethiopia and met my husband through a friend. We married in May 2011 and, because my husband had refugee status here, I joined him in the UK as a "post-flight spouse", meaning I could apply for settled status at a later date. Within a few days of my arrival, my husband totally changed. He hit me for no reason and raped me many times.
The abuse got so bad that I called the police. They took me to a night shelter, but my immigration status meant I couldn't get welfare benefits or housing support. Southall Black Sisters helped me. I got legal aid to challenge the UK Border Agency's decision to refuse me access to state assistance. I wouldn't get legal aid under the new changes because I'd been in the UK less than a year when I applied for help. The introduction of this "residence test" for civil legal aid means women like me wouldn't get access to a lawyer. We've already been failed and ill-treated by our husbands. If things go wrong, the state should help – or there should be lawyers to make sure they do.	The abuse got so bad that I called the police. They took me to a night shelter, but my immigration status meant I couldn't get welfare benefits or housing support. Southall Black Sisters helped me. I got legal aid to challenge the UK Border Agency's decision to refuse me access to state assistance. I wouldn't get legal aid under the new changes because I'd been in the UK less than a year when I applied for help. The introduction of this "residence test" for civil legal aid means women like me wouldn't get access to a lawyer. We've already been failed and ill-treated by our husbands. If things go wrong, the state should help – or there should be lawyers to make sure they do.
Linda Burnip Disabled son won a judicial review against Birmingham council's ruling on bedroom tax	Linda Burnip Disabled son won a judicial review against Birmingham council's ruling on bedroom tax
There are lots of cases where a disabled child or adult needs an extra room for medical reasons – kidney dialysis, or for a carer – but the benefit changes meant people couldn't get funding for the extra room. We challenged this in the Court of Appeal and the court judged it was discriminatory. Legal aid allowed us to make that challenge. Without it, my son wouldn't have been able to continue living independently and, in the long run, independent living is more cost-effect than residential care.	There are lots of cases where a disabled child or adult needs an extra room for medical reasons – kidney dialysis, or for a carer – but the benefit changes meant people couldn't get funding for the extra room. We challenged this in the Court of Appeal and the court judged it was discriminatory. Legal aid allowed us to make that challenge. Without it, my son wouldn't have been able to continue living independently and, in the long run, independent living is more cost-effect than residential care.
Ours was an important case that has since been used to challenge the bedroom tax and it has policy implications thanks to the judgment that housing benefit must take into account the extra needs of disabled adults.	Ours was an important case that has since been used to challenge the bedroom tax and it has policy implications thanks to the judgment that housing benefit must take into account the extra needs of disabled adults.
The reduction in legal aid will contravene disabled people's rights because there will be no way they can challenge anything. Without access to help for an appeal, there's nothing – no other way to challenge. The legal aid changes would mean the government could do anything and slash anything and no one could challenge those decisions.	The reduction in legal aid will contravene disabled people's rights because there will be no way they can challenge anything. Without access to help for an appeal, there's nothing – no other way to challenge. The legal aid changes would mean the government could do anything and slash anything and no one could challenge those decisions.
Kate Whittaker Public law solicitor, Scott‑Moncrieff and Associates	Kate Whittaker Public law solicitor, Scott‑Moncrieff and Associates
Every item of work under legal aid is strictly constrained and minimalist, even when 20,000 severely disabled people stand to be affected, and you are taking on the might (and legal resources) of the government.	Every item of work under legal aid is strictly constrained and minimalist, even when 20,000 severely disabled people stand to be affected, and you are taking on the might (and legal resources) of the government.
The case we brought against the government abolishing the Independent Living Fund [which helps disabled people to live independently rather than in residential care, but is being scrapped in 2015] culminated in a full two-day hearing in open court, where we argued that the consultation process was unlawful and breached the public sector equality duty. It was only then that the judge confirmed we had "permission" to bring a judicial review. Under the new proposals, I don't know how we could have brought the case, because the entire six-month costs would have hinged on that outcome.	The case we brought against the government abolishing the Independent Living Fund [which helps disabled people to live independently rather than in residential care, but is being scrapped in 2015] culminated in a full two-day hearing in open court, where we argued that the consultation process was unlawful and breached the public sector equality duty. It was only then that the judge confirmed we had "permission" to bring a judicial review. Under the new proposals, I don't know how we could have brought the case, because the entire six-month costs would have hinged on that outcome.
The system is already there to make sure legal aid is never spent on weak cases, and it is incredibly rigorous and efficient. To impose further cuts, in cases of such overwhelming importance, seems like a punishment for trying to help people hold public bodies to account.	The system is already there to make sure legal aid is never spent on weak cases, and it is incredibly rigorous and efficient. To impose further cuts, in cases of such overwhelming importance, seems like a punishment for trying to help people hold public bodies to account.
Laura Janes Acting legal director, The Howard League for Penal Reform	Laura Janes Acting legal director, The Howard League for Penal Reform
Since 1990, more than 30 children have died in custody – they are restrained, sometimes unlawfully, exposed to high levels of violence, they have low expectations of what they're entitled to and, without the assistance of specialist, dedicated lawyers to catch those cases, we can expect these poor practices to continue with impunity.	Since 1990, more than 30 children have died in custody – they are restrained, sometimes unlawfully, exposed to high levels of violence, they have low expectations of what they're entitled to and, without the assistance of specialist, dedicated lawyers to catch those cases, we can expect these poor practices to continue with impunity.
A fixed fee for solicitors to represent children regardless of whether they plead innocent or guilty offers no incentive for a rigorous defence. Someone would write one letter saying "This is what the law says" and the local authority or prison would say "No, we're not doing that", and that would be the end of it. The reality is that trying to make representations to social services of duties to children isn't just a [matter of] a simple letter. You have to see the young person, establish trust, you see the child three or four times [before] they disclose they were a victim of sexual abuse.	A fixed fee for solicitors to represent children regardless of whether they plead innocent or guilty offers no incentive for a rigorous defence. Someone would write one letter saying "This is what the law says" and the local authority or prison would say "No, we're not doing that", and that would be the end of it. The reality is that trying to make representations to social services of duties to children isn't just a [matter of] a simple letter. You have to see the young person, establish trust, you see the child three or four times [before] they disclose they were a victim of sexual abuse.
A lot of these cases will be brushed under the carpet, children won't get what they are entitled to from local authorities [when they are released] in terms of accommodation and social welfare. They'll be more likely to resort to inadequate coping mechanisms and end up going back into the criminal justice system. If we want a child in prison currently to become an adult prisoner this is the way to go about it.	A lot of these cases will be brushed under the carpet, children won't get what they are entitled to from local authorities [when they are released] in terms of accommodation and social welfare. They'll be more likely to resort to inadequate coping mechanisms and end up going back into the criminal justice system. If we want a child in prison currently to become an adult prisoner this is the way to go about it.
Judith Freedman Psychiatrist and convenor of the Consortium of Expert Witnesses to the Family Courts	Judith Freedman Psychiatrist and convenor of the Consortium of Expert Witnesses to the Family Courts
The latest legal aid proposals include cutting experts' fees by 20%. Expert witnesses are experienced, independent clinicians who advise courts about matters such as the causes of injuries, the risk to children of sexual dangers, and the psychological and developmental needs of children.	The latest legal aid proposals include cutting experts' fees by 20%. Expert witnesses are experienced, independent clinicians who advise courts about matters such as the causes of injuries, the risk to children of sexual dangers, and the psychological and developmental needs of children.
Take a mother who was involved in relationships during which children were severely neglected or injured. Subsequently, the mother has more children, and social services automatically removes them at birth. It is heartbreaking for the mother and deprives the child of the chance to grow up in the birth family. An expert witness might become involved during another pregnancy with a new partner. Sometimes, we find she has changed. We can recommend to the court that the mother is in a position to work with social services and a psychotherapist to make her a safer parent, so that she and her new partner can care for the new child, instead of losing the child to care.	Take a mother who was involved in relationships during which children were severely neglected or injured. Subsequently, the mother has more children, and social services automatically removes them at birth. It is heartbreaking for the mother and deprives the child of the chance to grow up in the birth family. An expert witness might become involved during another pregnancy with a new partner. Sometimes, we find she has changed. We can recommend to the court that the mother is in a position to work with social services and a psychotherapist to make her a safer parent, so that she and her new partner can care for the new child, instead of losing the child to care.
Our consortium has 600 members and about half say that they will have to stop working for the family courts if the cuts go ahead because they could not support their practices.	Our consortium has 600 members and about half say that they will have to stop working for the family courts if the cuts go ahead because they could not support their practices.
Anne Hall Severely disabled son, Daniel Roque, who requires 24-hour care, won an injunction preventing the prison service from returning him to jail	Anne Hall Severely disabled son, Daniel Roque, who requires 24-hour care, won an injunction preventing the prison service from returning him to jail
We had doubted whether prison [HMP Wormwood Scrubs] could look after someone with frail health and multiple needs, but the prison system said it could. When I complained to the prison that Daniel was deteriorating, I wasn't listened to and the [written] complaints system was inaccessible to him – he can't use his hands – and his verbal complaints weren't addressed. Daniel deteriorated, the prison was unable to look after him and he spent six months in hospital. Daniel was getting close to discharge from hospital back to prison. The court of appeal freed him.	We had doubted whether prison [HMP Wormwood Scrubs] could look after someone with frail health and multiple needs, but the prison system said it could. When I complained to the prison that Daniel was deteriorating, I wasn't listened to and the [written] complaints system was inaccessible to him – he can't use his hands – and his verbal complaints weren't addressed. Daniel deteriorated, the prison was unable to look after him and he spent six months in hospital. Daniel was getting close to discharge from hospital back to prison. The court of appeal freed him.
The individual is always the least powerful when dealing with state institutions. Legal aid is the only way that individuals can redress that imbalance. I owe legal aid – without it, Daniel wouldn't be alive.	The individual is always the least powerful when dealing with state institutions. Legal aid is the only way that individuals can redress that imbalance. I owe legal aid – without it, Daniel wouldn't be alive.
Leroy Skeete Ex-prisoner who used legal aid to successfully prove unfair treatment in prison	Leroy Skeete Ex-prisoner who used legal aid to successfully prove unfair treatment in prison
Legal aid helped me win my case to challenge the way I was treated in prison – I'd still be in HMP Dartmoor otherwise.	Legal aid helped me win my case to challenge the way I was treated in prison – I'd still be in HMP Dartmoor otherwise.
I was recategorised [from low risk category D] to category B because the prison alleged I took part in a riot, despite my denials and witnesses saying I wasn't involved. The recategorisation form was wrong, not least because it said I'd been convicted of murder. I was serving a life sentence for GBH and wounding. I complained but was ignored. I was represented by the Prisoners' Advice Service through legal aid. PAS issued a judicial review and when prison documents were eventually disclosed, these supported my version of events. The Ministry of Justice accepted the prison was wrong and reinstated my category D status. The parole board released me in 2009 after 11 years inside. Without help to correct the initial mistakes, I wouldn't have been able to argue for release.	I was recategorised [from low risk category D] to category B because the prison alleged I took part in a riot, despite my denials and witnesses saying I wasn't involved. The recategorisation form was wrong, not least because it said I'd been convicted of murder. I was serving a life sentence for GBH and wounding. I complained but was ignored. I was represented by the Prisoners' Advice Service through legal aid. PAS issued a judicial review and when prison documents were eventually disclosed, these supported my version of events. The Ministry of Justice accepted the prison was wrong and reinstated my category D status. The parole board released me in 2009 after 11 years inside. Without help to correct the initial mistakes, I wouldn't have been able to argue for release.
My progress since release shows the importance of legal aid. I've got a job in the rail industry, I've spoken in the House of Commons and at London Probation, which has been very supportive since my release. I've got married and I mentor ex-offenders.	My progress since release shows the importance of legal aid. I've got a job in the rail industry, I've spoken in the House of Commons and at London Probation, which has been very supportive since my release. I've got married and I mentor ex-offenders.
You start taking people's rights away and it's a slippery slope. We fight wars in other countries to protect their democracy – what about what's going on in our own?	You start taking people's rights away and it's a slippery slope. We fight wars in other countries to protect their democracy – what about what's going on in our own?
Breda Power Justice campaigner and daughter of Billy Power, one of the Birmingham Six whose wrongful conviction was squashed in 1991 after 17 years in prison	Breda Power Justice campaigner and daughter of Billy Power, one of the Birmingham Six whose wrongful conviction was squashed in 1991 after 17 years in prison
People wouldn't have the resources under the reforms to get to the bottom of miscarriage of justice cases – small teams of specialist lawyers willing to do pro-bono work with undisclosed evidence, experts in various fields like forensics.	People wouldn't have the resources under the reforms to get to the bottom of miscarriage of justice cases – small teams of specialist lawyers willing to do pro-bono work with undisclosed evidence, experts in various fields like forensics.
Under these reforms the Birmingham Six wouldn't have been able to take out any kind of judicial review or instruct solicitors willing to do all that pro-bono work. What would have happened without that? They would still be languishing in prison, and without a small team of specialist solicitors, new evidence would never have come to light. Regardless of a campaign to help free them, they would still be in prison. I know the public says 'why should we spend our hard earned tax money on defending criminals' but we're talking of people innocent until proven guilty. When someone is convicted of a miscarriage of justice it destroys families. It has a knock-on effect and it takes generations before you start the healing. These changes will destroy the whole criminal justice system and there will be miscarriages of justice that will not be unearthed.	Under these reforms the Birmingham Six wouldn't have been able to take out any kind of judicial review or instruct solicitors willing to do all that pro-bono work. What would have happened without that? They would still be languishing in prison, and without a small team of specialist solicitors, new evidence would never have come to light. Regardless of a campaign to help free them, they would still be in prison. I know the public says 'why should we spend our hard earned tax money on defending criminals' but we're talking of people innocent until proven guilty. When someone is convicted of a miscarriage of justice it destroys families. It has a knock-on effect and it takes generations before you start the healing. These changes will destroy the whole criminal justice system and there will be miscarriages of justice that will not be unearthed.
Matt Foot Criminal defence solicitor at Birnberg Peirce and Partners	Matt Foot Criminal defence solicitor at Birnberg Peirce and Partners