MILLIONS of Brits are unable to challenge or appeal benefit decisions because they have no access to free legal help.
A staggering 47 million people in England and Wales have no welfare legal aid advice nearby, according to stark analysis by the Law Society.
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And when it comes to legal aid for housing issues, more than 23 million people don’t have access to help.
Legal aid is available to those who can’t afford to pay for legal advice, including for civil matters like challenging a benefits decision or being evicted.
The Law Society has warned that millions of people face a legal aid desert with no access to publicly funded advice for life changing legal issues.
It comes after cuts to legal aid in 2013, which have already made it harder to challenge benefit decisions and get help with housing.
Anyone can challenge a welfare decision they think is wrong or unfair by asking for a mandatory reconsideration.
It can then be appealed at a tribunal. Legal aid is available only after this stage to take the matter further – but previously help was available at an earlier stage.
Recent figures reveal that almost 300,000 Brits refused disability benefits have successfully challenged the decision.
Meanwhile, legal aid is funding a case which could see 2 million Brits get more than £1,000 in back pay.
Legal aid for housing is only available when you’re at risk of homelessness, eviction due to rent arrears, or when disrepair is hazardous to health.
Previously free legal advice would have been available before reaching crisis point.
Law Society president I. Stephanie Boyce said: “With evictions on the rise following the pandemic, more people are likely to need urgent legal aid.
“But 23million people live in a local authority without a single housing legal aid service, leaving pensioners, families with young children, people with disabilities or on low incomes struggling to access legal advice when they are at their most vulnerable.
“Anyone trying to resolve a serious housing, family, welfare, care or immigration problem is likely to need face-to-face professional advice urgently – if the nearest legal aid solicitor is in the next county, this can be an insurmountable barrier.”
Without legal aid, anyone seeking legal advice and representation in court must pay out of their own pocket to instruct a lawyer.
Alternatively, they can represent themselves but this can be time-consuming and complicated, often taking longer than with qualified representation.
Some areas of the country have a duty solicitor available to represent anyone facing eviction by a landlord or lender on the day of a hearing and they offer legal advice for free, regardless of financial circumstances.
But there is a shortfall of these legal experts too.
Polly Neate, chief executive of housing charity Shelter, said: “Devastating cuts to legal aid over the last decade have forced providers across the country to shut up shop, locking millions of people out of enforcing their rights and defending their homes.
“The Covid crisis has revealed just how precarious housing and employment can be.
“It is more important than ever that we have a robust legal system to underpin our safety net, ensuring that people can access and enforce their rights when they need them most.
“But severe government cuts have meant that fewer households can get timely advice to enable them to avoid a crisis – meaning a minor problem can escalate to something that puts a person at risk of losing their home.”
Legal aid is also now subject to stricter eligibility criteria that means far fewer are entitled to free legal help.
Legal aid shortage
The number of welfare legal aid cases fell to just 133 in 2020-21, down from nearly 150,000 around a decade ago, before major changes were made under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).
A cross-party group of MPs warned over the summer that this means testing may also be creating a barrier to justice for some of the most vulnerable people in society.
The cut to funding has had a knock-on effect on the availability of free legal advice.
The amount that law firms get from the government to cover the cost of taking on cases for those who can’t afford it has remained the same for many years.
This means that fewer firms are willing to take them on, creating a shortfall.
Ms Boyce said: “A fair society has a legal system where rich and poor are equally able to access justice.
“For rights to be real, everyone who is entitled to state-funded legal advice to uphold their rights should be able to get that advice when they need it.
“Our analysis shows people on lower incomes who face terrifying legal issues from domestic abuse to homelessness, or who need to challenge inadequate care or education from their local authority, increasingly can’t get the expert legal advice to which they are entitled.”
A Ministry of Justice spokesperson said it is misleading to compare legal aid services across local authority areas as this is not how provision is set.
It said: “The legal aid sector is a crucial part of our justice system and everyone in England and Wales is able to access help and advice either face-to-face or through the Civil Legal Aid telephone service.
“The Legal Aid Agency keeps availability under constant review to ensure that every person has access to advice when they need it.”
Ms Boyce said that it’s perfectly legitimate to track the effect of defunding legal aid by looking at its impact area-by-area across the country.
She added: “The provision of a helpline, particularly one which has almost no public profile, does little to help someone about to lose their home.”
How to get legal help
Anyone needing advice on benefits, debt or housing can find support from a range of organisations and charities.
These organisations offer general advice and may offer more specific legal advice, or be able to connect you with organisations who can.
Legal aid may be available to cover or all or some of your legal costs.
You may qualify if you’re on a low income and you have a serious issue, the Law Society says, including:
- you’re at risk of losing your home
- you or your family are at risk of abuse or serious harm such as domestic violence
Some solicitors offer legal aid for certain types of cases, and for housing, that can include:
- unlawful eviction
- possession claims
- antisocial behaviour cases
- harassment injunctions (court orders)
- taking legal action against your landlord for serious disrepair
- homelessness, including asylum support for accommodation
For welfare benefits cases, legal aid is available only if a case reaches the following stages, except in exceptional circumstances:
- Upper Tribunal
- High Court
- Court of Appeal
- Supreme Court
Anyone challenging a benefits decision must first ask for a mandatory reconsideration.
Legal aid is also available in other cases, such as those involving discrimination and family issues.
You can check if you’re eligible for legal aid at gov.uk.
Alternatively, call the government’s Civil Legal Advice line to find out if you’re eligible for legal aid on 0345 345 4 345.
If you’re not eligible for legal aid you may still be able to get free legal advice from a solicitor who takes on cases “pro bono” meaning they don’t charge.
LawWorks offers free advice clinics on a range of areas including housing, debt and welfare.
Local law centres can also offer legal advice and you can find your nearest one here.
You can apply to charity Advocate for legal advice from barristers who volunteer their help for free.
You may get free legal help if you’re the member of a trade union.
Some insurance may offer legal cover, so it’s worth checking home, car and other policies if you get free legal help through these.
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