Legal Aid Board Corporate Plan
Introduction
Comhairle welcomes the opportunity to contribute to the consultation process associated with the development of the Legal Aid Board Corporate Plan for 2003 - 2007.
This submission is mainly based on feedback from the Comhairle supported national network of Citizen Information Centres (CICs) about their experience of the legal aid service. It also deals with issues arising from the development of services which, while not directly related to the legal aid service, may impact on the demand for legal services - in particular, family support and non legal advocacy services.
Issues which concern CICs
In compiling this submission, Comhairle asked key CICs to outline their and their clients' experiences and perceptions of the legal aid service. In general, CICs found the service provided by the different law centres to be very good but there were significant problems in accessing the service - in effect, those who managed to access the service got a very satisfactory service. As most clients access legal aid at a time of considerable stress, it is very much to the credit of the legal aid service that the clients rate their services so highly.
Most of the problems identified related to access to the service; knowledge that the service actually exists, inadequate information about the legal aid process, physical access and geographical access, means testing and delays.
Public awareness of the services of the Legal Aid Board
CICs generally report that clients are not aware of the Legal Aid Service until the CIC or other community organisation informs them. There is very little knowledge of the structure of the service or the kind of issues with which it deals. CICs find that clients are using the services of private solicitors even though they would qualify for the legal aid service - one centre reported the case of a woman in a violent relationship saving up for the legal costs of getting a Barring Order and not aware of her eligibility for the legal aid service. Information on the scope and parameters of the service is required and should be made available on first contact with the service.
Comhairle understands that making the existence of the service more widely known will inevitably result in an increased demand at a time when the service is already over subscribed. However, equity of access requires that all who are entitled be aware of their right to access the service. Comhairle considers that a public information strategy should be part of the Board's next Corporate Plan. This information should cover all aspects of the service including charges.
The role of the Law Society in providing information to potential clients about the existence of the legal aid service should be considered. The Courts Service could also be involved in the wider dissemination of information about the legal aid service.
Comhairle makes information about the legal aid service available through its publications and citizens information databases and would be happy to co-operate with the Legal Aid Board in making information about its services more widely available.
The Means Test
CICs reported that their clients had expressed concern about several aspects of the means test, including the low level of the income threshold. Comhairle would like to see the income threshold increased considerably but recognises that this is a not an issue for the Corporate Plan. However, other improvements could be made in the means test.
Comhairle considers that the means test for civil legal aid is the most complex of all the means tests for public services. CICs reported that their clients often had difficulty filling in the applications forms because they were not clear about what information was being sought.
We are of the view that a streamlining and co-ordination of means tests for social welfare, medical cards, legal aid and other services is desirable but this cannot be achieved by the Legal Aid Board alone. We also recognise that a change in the means test is not a decision for the Legal Aid Board. However, we consider that the Board should seek a simplification of the means test as its administration must be a significant administrative cost. It is not clear how such a complex test can serve the interests of either the Board or the clients. Simplification of the means test would not, of itself, necessarily increase the number of people eligible for the service but it would be of benefit to those people who are already eligible and to the Legal Aid Board's staff.
CICs reported cases of repeat means testing of people who had a series of dealings with the Law Centre - when applying for a Barring Order, then getting a Separation Agreement and subsequently a divorce. We recognise that, if there are long gaps, a new means test may be necessary but a question as to whether or not the person's circumstances have changed may be enough.
The very strict means testing for and delays in accessing civil legal aid contrasts with the perceived ease and speed with which criminal legal aid is granted. The perception that criminal legal aid is granted to “less deserving” people may not be accurate but the absence of a formal application process and the speed of access do contrast sharply with the civil system as does the fact that criminal legal aid is totally free.
Charges for services
Most CIC clients who accessed the legal aid service were under the impression that it was a free service. This is probably the general public perception. Comhairle has no objection in principle to having charges for the service. However, the charges and their administration do add to the complexity of the service. 80% of clients pay the minimum charge; the total raised from charges is a very small proportion of the Legal Aid Fund. It must be questioned if it is cost effective to actually levy charges.
It is important that the basis for charges should be clearly explained to all applicants for the service. Similarly, it is important that clients are aware that a financial settlement in their case can result in payment of costs etc. to the Board.
Waiting Lists
CICs reported waiting times of up to 7 months for non -urgent cases and 1-2 weeks for urgent cases, including Barring Orders. This length of waiting time was regarded as presenting major problems for the public and in some instances adding to their level of distress.
There is also an issue of equity in that the waiting period varies from county to county. For example, one CIC reported having to make a decision about referring clients to the nearest centre where there was a long waiting list or to another which was much farther away but which had a much shorter waiting time.
Distance to Centres
People living in rural areas have difficulties in accessing law centres because of the difficulties with public transport. Comhairle considers that the Legal Aid Board should examine ways in which this problem can be addressed, perhaps by giving some form of transport subsidy to people from remote areas who have to travel long distances.
Physical Access for People with Disabilities
One CIC reported that the local Legal Aid offices are upstairs and there is no lift service. While arrangements are made to meet such clients in an accessible place, this is not regarded as satisfactory. An accessibility audit of premises for compliance with best practice should be considered by the Board.
Other Problems
As already stated, in general CICs reported that the service provided by law centres was good for those who actually accessed it. However, there were a number of instances of poor service reported. These were largely concerned with communication between solicitors and clients (The complaints did not specify if the solicitors in question were Legal Aid Board solicitors or private practitioners). They mirror complaints which arise generally in relation to the legal profession - inability to contact solicitor before the court case with the result that the solicitor or barrister was inadequately briefed and general inaccessibility, remoteness and absence of accountability on the part of the solicitor.
Appeals
Comhairle considers that independent complaints and appeals procedure are essential requirements in the delivery of a quality service. We have strongly argued this in relation to a number of services over the years - in particular, in relation to the health services. The legal aid appeals system is an internal one. We consider that the Board should consider an external element to this system - for example, along the lines of the Revenue Commissioners external assessor system. We also consider that a formal independent appeals system should be available to people who are refused a legal aid service.
Legal Aid in the context of other services
Comhairle recognises the essential contribution which a legal aid service makes to the vindication of individuals' rights. At the same time, legal aid should only arise if a person is unable to vindicate his/her rights through personal efforts, availing of non-legal advocacy services and of alternative dispute resolution mechanisms. In effect, legal aid should be the final resort. It is not the function of the Legal Aid Board to address the issues arising from inadequate services in the pre legal stage but we consider that part of its Corporate Plan should include liaison with services in this area and encouragement of the development of such services.
Family Welfare Services
The vast majority of people availing of the civil legal aid service do so for family law issues. It is in the interest of the Legal Aid Board to encourage the development of mediation and alternative dispute resolution mechanisms in this area. The establishment of the Family Support Service Agency on a statutory basis provides an opportunity for the Board and the Agency to work together to improve the overall quality of services for people with family problems. The proper development of family support, including mediation, services could lead to a reduction in demand for legal aid services and allow the Board to concentrate its efforts on the more difficult cases and perhaps allow it to become involved in areas in which it has not so far been involved.
Advocacy services
Comhairle is starting the process of developing advocacy services. Under the Comhairle Act, 2001, Comhairle has responsibility for supporting the provision of or directly providing independent advocacy services so as to ensure that all citizens have access to accurate, comprehensive and clear information relating to social services and are referred to the relevant services. Advocacy in that Act is defined as including services in which the interests of a person seeking a social service are represented in order to assist the person in getting entitlements to such service but does not include legal representation.
While the development of advocacy services is at an early stage, it is clear that there could be a positive relationship between such services and the legal aid service. Comhairle considers that there is scope for co-operation between the two services so that clients are able to access the most appropriate service.
