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| Judicial review funding cuts may leave vulnerable teenagers at risk | Judicial review funding cuts may leave vulnerable teenagers at risk |
| (about 2 months later) | |
| Hundreds of vulnerable teenagers will be at risk of harm or falling into prostitution under government plans to restrict judicial review, lawyers specialising in actions against local authorities have warned. | Hundreds of vulnerable teenagers will be at risk of harm or falling into prostitution under government plans to restrict judicial review, lawyers specialising in actions against local authorities have warned. |
| Ministry of Justice proposals to withhold funding of legal challenges would mean that many 16- or 17-year-olds were likely to be deprived of care and safe accommodation, according to Shauneen Lambe, a leading child welfare lawyer. | Ministry of Justice proposals to withhold funding of legal challenges would mean that many 16- or 17-year-olds were likely to be deprived of care and safe accommodation, according to Shauneen Lambe, a leading child welfare lawyer. |
| Limiting judicial review is only a small element of the £220m savings being pursued by the justice secretary, Chris Grayling, but the consequences have alarmed senior lawyers and judges. Many have accused the government of trying to avoid accountability. | Limiting judicial review is only a small element of the £220m savings being pursued by the justice secretary, Chris Grayling, but the consequences have alarmed senior lawyers and judges. Many have accused the government of trying to avoid accountability. |
| Lawyers from the Justice Alliance and civil liberties groups were planning further street protests against the restrictions and other cuts in legal aid outside the Old Bailey in London and Manchester crown court on Tuesday. | Lawyers from the Justice Alliance and civil liberties groups were planning further street protests against the restrictions and other cuts in legal aid outside the Old Bailey in London and Manchester crown court on Tuesday. |
| Under the government's plans, claimants and lawyers would no longer be paid for the "permission application" stage of a judicial review; full funding would only be granted once a court had deemed the claim had merit. Some pre-action funding would still be available, the MoJ has insisted, but Grayling has argued that "weak cases" do not deserve public funds. | Under the government's plans, claimants and lawyers would no longer be paid for the "permission application" stage of a judicial review; full funding would only be granted once a court had deemed the claim had merit. Some pre-action funding would still be available, the MoJ has insisted, but Grayling has argued that "weak cases" do not deserve public funds. |
| The department was also considering imposing further limits on judicial reviews, preventing, for example, those not directly involved in claims from bringing actions, on the grounds that some were allegedly pursued merely to generate publicity. | The department was also considering imposing further limits on judicial reviews, preventing, for example, those not directly involved in claims from bringing actions, on the grounds that some were allegedly pursued merely to generate publicity. |
| Lawyers, already enduring deep cuts to their fees, said they were unlikely to carry out more than £2,000 worth of preparation work without a guarantee that they would be refunded. | Lawyers, already enduring deep cuts to their fees, said they were unlikely to carry out more than £2,000 worth of preparation work without a guarantee that they would be refunded. |
| Lambe, the executive director of the charity Just for Kids Law, said: "These changes will have a really serious impact on vulnerable people. Law firms will not be able to take the risk. | Lambe, the executive director of the charity Just for Kids Law, said: "These changes will have a really serious impact on vulnerable people. Law firms will not be able to take the risk. |
| "There are hundreds of such judicial reviews every year involving youngsters across England and Wales. It's our standard work. The cases are brought normally under sections 17 and 20 of the 1989 Children's Act." | "There are hundreds of such judicial reviews every year involving youngsters across England and Wales. It's our standard work. The cases are brought normally under sections 17 and 20 of the 1989 Children's Act." |
| The statute defines the duties of a local authority to safeguard and promote the welfare of children in need in their area – sometimes beyond the age of 21. | The statute defines the duties of a local authority to safeguard and promote the welfare of children in need in their area – sometimes beyond the age of 21. |
| To avoid the cost, Lambe said, local authorities often tried to abdicate responsibility for teenagers who had left home after domestic breakups or violence, and refused to make them "looked after children". | To avoid the cost, Lambe said, local authorities often tried to abdicate responsibility for teenagers who had left home after domestic breakups or violence, and refused to make them "looked after children". |
| "If the local authority agrees to look after them, they will plan their late adolescence including further education," she added. "If not, the 16- or 17-year-olds will end up in a hostel rife with drugs and predatory men. | "If the local authority agrees to look after them, they will plan their late adolescence including further education," she added. "If not, the 16- or 17-year-olds will end up in a hostel rife with drugs and predatory men. |
| "In hostels, kids are really vulnerable to sexual exploitation. Some of these children will go into prostitution. That's our experience." | "In hostels, kids are really vulnerable to sexual exploitation. Some of these children will go into prostitution. That's our experience." |
| It was often difficult to persuade local authorities to look after youngsters, she said. "One of the girls we are helping is 16. She is on her own and suffering from MS [multiple sclerosis]. The local authority says she is not a child in need. At the moment she's in hospital having had an MS attack." | It was often difficult to persuade local authorities to look after youngsters, she said. "One of the girls we are helping is 16. She is on her own and suffering from MS [multiple sclerosis]. The local authority says she is not a child in need. At the moment she's in hospital having had an MS attack." |
| Lambe won a landmark case this year brought as a judicial review that forced all police stations to treat 17-year-olds in custody as juveniles, ensuring they had access to their parents or an appropriate adult. "We would not have been able to afford to take that judicial review under the proposed regulations," Lambe said. | Lambe won a landmark case this year brought as a judicial review that forced all police stations to treat 17-year-olds in custody as juveniles, ensuring they had access to their parents or an appropriate adult. "We would not have been able to afford to take that judicial review under the proposed regulations," Lambe said. |
| The Children's Society also warned of the dangers if judicial reviews became more difficult to launch. "Access to legal representation is not a luxury – it is a necessity," said Matthew Reed, the organisation's chief executive. "If legal aid is cut for judicial review, vulnerable young people will not be able to challenge unlawful and inhumane treatment by public authorities. | The Children's Society also warned of the dangers if judicial reviews became more difficult to launch. "Access to legal representation is not a luxury – it is a necessity," said Matthew Reed, the organisation's chief executive. "If legal aid is cut for judicial review, vulnerable young people will not be able to challenge unlawful and inhumane treatment by public authorities. |
| "By denying children access to legal support over such questions as their care or when they risk being made homeless, the government will fail in its responsibility to protect all children." | "By denying children access to legal support over such questions as their care or when they risk being made homeless, the government will fail in its responsibility to protect all children." |
| Helen Mountfield QC, a barrister specialising in public law, warned that many of the firms specialising in such cases could be forced to close. "Each judicial review application is a whole investigation," she explained. "There are complex facts and complicated law. It can take a good lawyer most of the week to prepare. Sometimes the local authority backs down and settles and you won't get paid [in future] for any of it." | Helen Mountfield QC, a barrister specialising in public law, warned that many of the firms specialising in such cases could be forced to close. "Each judicial review application is a whole investigation," she explained. "There are complex facts and complicated law. It can take a good lawyer most of the week to prepare. Sometimes the local authority backs down and settles and you won't get paid [in future] for any of it." |
| In a House of Lords debate on cuts to judicial review this month, the former lord chancellor Lord Irvine said: "The effect of the reforms is to make judicial review in practice unavailable to many of those most in need of its protection." | In a House of Lords debate on cuts to judicial review this month, the former lord chancellor Lord Irvine said: "The effect of the reforms is to make judicial review in practice unavailable to many of those most in need of its protection." |
| Lord Hope, the recently retired deputy president of the supreme court, asked: "Why not fund the early stages of seeking permission before it is sought? At present, 60% of cases are resolved at that stage, especially social welfare cases, so it seems odd that the work done by the firms that provide these services should not be paid for so that they can meet the costs of running their businesses." | Lord Hope, the recently retired deputy president of the supreme court, asked: "Why not fund the early stages of seeking permission before it is sought? At present, 60% of cases are resolved at that stage, especially social welfare cases, so it seems odd that the work done by the firms that provide these services should not be paid for so that they can meet the costs of running their businesses." |
| An MoJ spokesman said: "Judicial review is an important way of challenging decisions by public authorities and will remain so. Our proposal would not prevent people receiving legal aid for future judicial reviews. But the problem at the moment is that of the 1,800 or so cases in which court proceedings begin, almost half are rejected by a judge. Taxpayers are currently paying unnecessarily towards those cases." | An MoJ spokesman said: "Judicial review is an important way of challenging decisions by public authorities and will remain so. Our proposal would not prevent people receiving legal aid for future judicial reviews. But the problem at the moment is that of the 1,800 or so cases in which court proceedings begin, almost half are rejected by a judge. Taxpayers are currently paying unnecessarily towards those cases." |
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