Asked by: Karl Turner (Labour - Kingston upon Hull East)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many hardship payments have been claimed by legal aid providers to date; and what assessment he has made of the effectiveness of those payments in supporting advocates.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
Between 1 May 2020 to 8 January 2021, a total of 2,343 hardship claims were received, which includes those made by both litigators and advocates. The LAA made payment in respect of over 99% of these claims. In light of the impact of the COVID-19 pandemic, the MoJ brought in Regulation changes which substantially lowered the thresholds at which a hardship claim can be submitted.
The LAA keeps the criminal legal aid market under constant review. We have contacted all providers where the majority of their income from publicly funded work is dependent upon the Crown Court. The small minority that reported that they had financial concerns are being monitored on a regular basis.
The long-term sustainability of the criminal legal aid market will be the focus of an independent review, to launch in January 2021. This is the latest step in the Criminal Legal Aid Review, which has already led to up to £51m per year in new payments for the sector that was announced in the summer. It forms part of wider work to ensure criminal defence remains an enduringly attractive career for practitioners.
In addition to the support schemes offered by the government, the LAA has introduced a number of measures to allow providers to be paid more quickly. All of the measures taken by the LAA are set out on our gov.uk page: https://www.gov.uk/guidance/coronavirus-covid-19-legal-aid-agency-contingency-response#financial-relief-page.
Across the LAA’s civil funding schemes, namely family mediation, legal help, controlled legal representation, and civil representation, there were 277,829 live cases unbilled as at the 30 September 2020, which is the latest period for which these figures are available. The LAA statistics compiled and published on a quarterly basis, as yet the December 2020 figures are not yet finalised.
The LAA is unable to provide volumes on unbilled criminal legal aid work within the costs limit. This is because our systems do not have a ‘final bill indicator’ that would enable automated searches meaning we would be required to conduct case by case searches. Therefore, the information requested could only be obtained at disproportionate cost.
Asked by: Karl Turner (Labour - Kingston upon Hull East)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the effect of low volumes of Crown Court completions on the viability of the criminal legal aid market.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
Between 1 May 2020 to 8 January 2021, a total of 2,343 hardship claims were received, which includes those made by both litigators and advocates. The LAA made payment in respect of over 99% of these claims. In light of the impact of the COVID-19 pandemic, the MoJ brought in Regulation changes which substantially lowered the thresholds at which a hardship claim can be submitted.
The LAA keeps the criminal legal aid market under constant review. We have contacted all providers where the majority of their income from publicly funded work is dependent upon the Crown Court. The small minority that reported that they had financial concerns are being monitored on a regular basis.
The long-term sustainability of the criminal legal aid market will be the focus of an independent review, to launch in January 2021. This is the latest step in the Criminal Legal Aid Review, which has already led to up to £51m per year in new payments for the sector that was announced in the summer. It forms part of wider work to ensure criminal defence remains an enduringly attractive career for practitioners.
In addition to the support schemes offered by the government, the LAA has introduced a number of measures to allow providers to be paid more quickly. All of the measures taken by the LAA are set out on our gov.uk page: https://www.gov.uk/guidance/coronavirus-covid-19-legal-aid-agency-contingency-response#financial-relief-page.
Across the LAA’s civil funding schemes, namely family mediation, legal help, controlled legal representation, and civil representation, there were 277,829 live cases unbilled as at the 30 September 2020, which is the latest period for which these figures are available. The LAA statistics compiled and published on a quarterly basis, as yet the December 2020 figures are not yet finalised.
The LAA is unable to provide volumes on unbilled criminal legal aid work within the costs limit. This is because our systems do not have a ‘final bill indicator’ that would enable automated searches meaning we would be required to conduct case by case searches. Therefore, the information requested could only be obtained at disproportionate cost.
Asked by: Karl Turner (Labour - Kingston upon Hull East)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what volume of civil legal aid work remains unbilled.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
Between 1 May 2020 to 8 January 2021, a total of 2,343 hardship claims were received, which includes those made by both litigators and advocates. The LAA made payment in respect of over 99% of these claims. In light of the impact of the COVID-19 pandemic, the MoJ brought in Regulation changes which substantially lowered the thresholds at which a hardship claim can be submitted.
The LAA keeps the criminal legal aid market under constant review. We have contacted all providers where the majority of their income from publicly funded work is dependent upon the Crown Court. The small minority that reported that they had financial concerns are being monitored on a regular basis.
The long-term sustainability of the criminal legal aid market will be the focus of an independent review, to launch in January 2021. This is the latest step in the Criminal Legal Aid Review, which has already led to up to £51m per year in new payments for the sector that was announced in the summer. It forms part of wider work to ensure criminal defence remains an enduringly attractive career for practitioners.
In addition to the support schemes offered by the government, the LAA has introduced a number of measures to allow providers to be paid more quickly. All of the measures taken by the LAA are set out on our gov.uk page: https://www.gov.uk/guidance/coronavirus-covid-19-legal-aid-agency-contingency-response#financial-relief-page.
Across the LAA’s civil funding schemes, namely family mediation, legal help, controlled legal representation, and civil representation, there were 277,829 live cases unbilled as at the 30 September 2020, which is the latest period for which these figures are available. The LAA statistics compiled and published on a quarterly basis, as yet the December 2020 figures are not yet finalised.
The LAA is unable to provide volumes on unbilled criminal legal aid work within the costs limit. This is because our systems do not have a ‘final bill indicator’ that would enable automated searches meaning we would be required to conduct case by case searches. Therefore, the information requested could only be obtained at disproportionate cost.
Asked by: Karl Turner (Labour - Kingston upon Hull East)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what volume of criminal legal aid work remains unbilled.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
Between 1 May 2020 to 8 January 2021, a total of 2,343 hardship claims were received, which includes those made by both litigators and advocates. The LAA made payment in respect of over 99% of these claims. In light of the impact of the COVID-19 pandemic, the MoJ brought in Regulation changes which substantially lowered the thresholds at which a hardship claim can be submitted.
The LAA keeps the criminal legal aid market under constant review. We have contacted all providers where the majority of their income from publicly funded work is dependent upon the Crown Court. The small minority that reported that they had financial concerns are being monitored on a regular basis.
The long-term sustainability of the criminal legal aid market will be the focus of an independent review, to launch in January 2021. This is the latest step in the Criminal Legal Aid Review, which has already led to up to £51m per year in new payments for the sector that was announced in the summer. It forms part of wider work to ensure criminal defence remains an enduringly attractive career for practitioners.
In addition to the support schemes offered by the government, the LAA has introduced a number of measures to allow providers to be paid more quickly. All of the measures taken by the LAA are set out on our gov.uk page: https://www.gov.uk/guidance/coronavirus-covid-19-legal-aid-agency-contingency-response#financial-relief-page.
Across the LAA’s civil funding schemes, namely family mediation, legal help, controlled legal representation, and civil representation, there were 277,829 live cases unbilled as at the 30 September 2020, which is the latest period for which these figures are available. The LAA statistics compiled and published on a quarterly basis, as yet the December 2020 figures are not yet finalised.
The LAA is unable to provide volumes on unbilled criminal legal aid work within the costs limit. This is because our systems do not have a ‘final bill indicator’ that would enable automated searches meaning we would be required to conduct case by case searches. Therefore, the information requested could only be obtained at disproportionate cost.
Asked by: Karl Turner (Labour - Kingston upon Hull East)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what guidance he has issued on the taking control of goods by enforcement agents for the duration of national covid-19 restrictions in England.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
In light of the extraordinary circumstances engendered by the coronavirus pandemic, the Government has taken steps to ensure that enforcement activity is conducted safely and in accordance with the public health measures in place to reduce the spread of Covid-19.
This includes the publication of Covid-secure guidance for those using the taking control of goods procedure, which has been in place since enforcement at homes was permitted to resume in August 2020. The guidance requires a consideration of the health risks and sets out the steps that enforcement agents and firms should take in order to ensure they operate safely, including: adhering to social distancing requirements; use of suitable PPE; and withdrawing and re-scheduling their visit for a later time if a household is symptomatic or self-isolating.
The guidance is titled Working safely during COVID-19: enforcement agents (bailiffs) and is available on Gov.uk. It is kept under review to ensure it continues to reflect the latest public health advice.
Asked by: Karl Turner (Labour - Kingston upon Hull East)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many firms of solicitors held (a) a civil and (b) a criminal legal aid contract as of 1 December 2020.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
Please note for the figures provided that some firms may have more than one office. There are currently 1,122 firms who hold a Criminal Legal Aid Contract. There are currently 1,460 firms who hold a Civil Legal Aid Contract. This data is correct as at 14 December 2020.
The Legal Aid Agency frequently reviews market capacity to make sure there is adequate provision around the country and moves quickly to ensure provision where gaps may appear.
Asked by: Karl Turner (Labour - Kingston upon Hull East)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what estimate he has made of the number of victims of domestic abuse who have been denied legal aid as a result of trapped capital in the form of property which cannot be sold or borrowed against.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The government is absolutely clear that victims of domestic abuse must have access to the help that they need, including access to legal aid. For victims of domestic abuse seeking a protective injunction, the upper income and capital thresholds are waived. This means that anyone can financially qualify for this type of legal aid, subject to potentially making a contribution to the costs of the case depending on their means. Applications for legal aid are assessed against statutory eligibility criteria, and any capital held is taken into account or disregarded to the extent the Regulations either require or permit.
In February 2019 we announced a review of the means test. The review is assessing the effectiveness with which the test protects access to justice, and we are specifically considering the experiences of victims of domestic abuse. 95% of applications for legal aid in the ‘Domestic Violence’ category of law were granted in the most recent completed financial year.
Asked by: Karl Turner (Labour - Kingston upon Hull East)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what guidance his Department has issued to enforcement agents on taking control of goods during the November 2020 covid-19 lockdown restrictions.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
On 6 November, the Lord Chancellor wrote to the enforcement agent trade associations asking their members not to enter homes to take control of goods during the period of time that the Health Protection (Coronavirus, Restrictions) (England) (No.4) Regulations 2020 (the health protection regulations) are in force.
On 16 November the Government laid the Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020. From 17 November, the regulations prevent enforcement agents taking control of goods inside homes while the Health Protection (Coronavirus, Restrictions) (England) (No.4) Regulations 2020 are in force. They also prevent enforcement agents from enforcing evictions (other than in limited circumstances) until 11 January.
Asked by: Karl Turner (Labour - Kingston upon Hull East)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether any exemptions to the normal practice of enforcement action have been specified by his Department for the duration of the November 2020 covid-19 lockdown restrictions.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
On 6 November, the Lord Chancellor wrote to the enforcement agent trade associations asking their members not to enter homes to take control of goods during the period of time that the Health Protection (Coronavirus, Restrictions) (England) (No.4) Regulations 2020 (the health protection regulations) are in force.
On 16 November the Government laid the Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020. From 17 November, the regulations prevent enforcement agents taking control of goods inside homes while the Health Protection (Coronavirus, Restrictions) (England) (No.4) Regulations 2020 are in force. They also prevent enforcement agents from enforcing evictions (other than in limited circumstances) until 11 January.
Asked by: Karl Turner (Labour - Kingston upon Hull East)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what the statutory basis is for his request to the Chairman of The High Court Enforcement Officers Association for enforcement agents not to enter residential properties for the purpose of enforcement.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The Guidance was issued by the Lord Chancellor pursuant to his functions, duties and powers in relation to the civil justice system, including his general duty under section 1 of the Courts Act 2003 to ensure that there is an efficient and effective system to carry on the business of the High Court and the county court, and his common law powers under the Ram doctrine.
On 16 November the Government laid the Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020. From 17 November, the regulations prevent enforcement agents taking control of goods inside homes while the Health Protection (Coronavirus, Restrictions) (England) (No.4) Regulations 2020 are in force. They also prevent enforcement agents from enforcing evictions (other than in limited circumstances) until 11 January.