MoJ mulls relaxing limits on remote advice for legal aid clients


Open for business: MoJ may drop requirement to have office open every day of the week

The government is considering relaxing rules that control the amount of remote client consultations civil legal aid providers can offer, as well as their office opening times.

The Ministry of Justice (MoJ) said it was committed to “improving the experience of those eligible for legal aid and the hardworking providers across the sector”.

The potential reforms were slipped into an MoJ consultation published on Friday that puts flesh on the bones of November’s announcement of an extra £20m for civil legal aid, specifically housing and debt, and immigration and asylum at this stage. It represents the first increase in funding for the sector in nearly 30 years.

The consultation also seeks views on the MoJ’s “first steps in exploring potential areas for improvement in the experience of civil legal aid processes”.

Currently, the legal aid regulations require that someone applying for legal aid must attend the provider’s office in person, unless the provider decides that attendance is unnecessary. But the number of cases of remote attendance must not exceed 50% of all cases the provider handles (increased last year for immigration work alone to 75%).

The consultation said evidence submitted to the Review of Civil Legal Aid (RoCLA) indicated that these limits should be adjusted to allow for more remote work.

“Providers suggested that potential benefits included increased client choice, more reliable access to legal aid, reduced travel time and greater cost effectiveness.”

The MoJ said there would always be circumstances in which in-person advice was required. “RoCLA evidence itself found that many vulnerable groups benefit from face-to-face provision, and that digital access and digital literacy remains an issue for a proportion of the population.”

However, it recognised that the 50% limit was not defined by a focus on individual need and said it was considering whether to remove or reduce it.

“The intention of any changes would be to increase the flexibility of providers to shape the way they provide services to their clients based on their professional judgement and experience of user need, and in so doing potentially benefit providers’ ability to make effective business decisions and manage business costs.

“This needs to be balanced with the need for providers to be able to provide face-to-face support where clients require it.”

The MoJ said it needed to consider whether this change could lead to substantial changes in the way civil legal aid was delivered, including the coverage of in-person advice in geographic areas, and what safeguards may be needed to “help ensure clients are not turned down or de-prioritised, because they require face-to-face”.

Subject to certain exceptions, civil legal aid contracts covering a geographical area require that providers have a permanent office there that it is open and physically accessible to clients and the public seven hours a day, from Monday to Friday.

Though the need for a permanent office will not change, the number of hours and days it has to be open could.

The consultation said: “Extending providers’ freedom to expand the use of modern technology could open new ways for providers to structure their businesses and provide legal aid advice locally, regionally and nationally.”

But any changes would need to ensure that access to face-to-face civil legal advice would still be available “in a safe, private and accessible environment”.

The consultation added that the MoJ was also considering making the processes for opening more legal aid cases (ie, new matter starts) less administratively burdensome – changes that would not require consultation – and how to address “challenges around legal aid awareness and signposting”.

The MoJ observed: “Where those potentially eligible for legal aid have low awareness of how to access legal aid support and advice, they may delay seeking help. This risks escalation of their legal problems, which become more onerous to resolve.”




Leave a Comment

By clicking Submit you consent to Legal Futures storing your personal data and confirm you have read our Privacy Policy and section 5 of our Terms & Conditions which deals with user-generated content. All comments will be moderated before posting.

Required fields are marked *
Email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Blog


Managing risk: a guide for law firms

Traditional risk management approaches typically focused on responding to incidents after they have occurred. Best practice today demands a more forward-thinking approach.


Legal tech in 2025: Data, data and more data management

Even the staunchest sceptics are now recognising that generative AI is here to stay. But was 2024 the year that the AI ‘hype bubble’ burst?


Understanding mid-sized law firms’ priorities in 2025

Mid-tier practices are looking to grow both organically, or by a merger/takeover, and our survey revealed that 17% of firms are intending to pursue an acquisition strategy over the next 12 months.


Loading animation