Legal Aid, Sentencing and Punishment of Offenders Bill

My Lords, concerns about the proposal to establish the community legal advice helpline as the mandatory single telephone gateway in four proposed areas of law were the subject of considerable debate in Committee on 20 December. Given that, and for the purpose of today’s debate, I will therefore address solely the specifics of this amendment as they relate to Clause 20. Amendment 110 relates to the method by which determinations about financial eligibility for legal aid are made and withdrawn. It would require all determinations about financial eligibility to be made or withdrawn in writing to the person making the legal aid application. It would therefore stop determinations about financial eligibility being made or withdrawn by telephone, or by other prescribed means, thus of course affecting the proposed mandatory single telephone gateway. However, this amendment would go much further than just affecting the gateway. It would seriously affect the financial and operational viability of the provision of legal aid advice by telephone altogether. In Committee, the noble Lord, Lord Bach, described existing telephone advice provision as ““excellent”” and, "““a fantastic channel for delivering advice””.—[Official Report, 20/12/11; col. 1759.]" This excellent service is provided through the community legal advice helpline. Currently included in this service is the making and withdrawing of determinations about financial eligibility by telephone. Determinations about financial eligibility are currently made immediately upon receipt of a call by the community legal advice helpline. No suggestion has been made that the system has not operated effectively and efficiently. This would add considerable time, cost and complexity to the provision of civil legal aid services by telephone. It could delay in particular callers who are not financially eligible for legal aid but are provided with alternative sources of assistance. It could also delay those who are eligible for legal aid help receiving it, as staff and resources would be involved in completing and sending out notifications about eligibility. Determinations are made after asking precisely the same questions of all callers as face-to-face legal aid providers would ask. Where a person is eligible, they will usually start to receive help on the same day. They do not have to wait perhaps a few days or more for an appointment before their eligibility can be assessed or before they can start to receive help to address their problem, as a person walking into a face-to-face provider’s office may have to do. In addition, Clause 11(3)(h) means that individuals will have the reasons for the making of a determination explained to them. It will, however, not necessarily be in writing. The assessment of financial eligibility through the community legal advice helpline also filters out those who are not financially eligible for civil legal aid. This assists those individuals by allowing them to receive information about suitable alternative sources of assistance immediately after that assessment is made, enabling them to begin to take alternative action to address their problem promptly and with the minimum of delay. The current community legal advice helpline is a well used route to access civil legal advice. It offers a high quality service and works well—the noble Lord’s description of it as excellent is testament to that. The Government understand the concerns behind Amendment 110, but restricting or preventing the operation of the community legal advice helpline will not help those who are in most need to obtain legal aid advice services to help them resolve their problem. This amendment is not in their best interests and I urge the noble Lord to withdraw it.