England and Wales pride itself in it’s legal system. Do you think this is reflected in
government resourcing?”
Introduction.
The legal system of England and Wales has a long and proud tradition, with the country
taking significant pride in it, and in the justice that can be provided within the courts of
England and Wales to all as a result of legal aid, which ensures that even those of the
poorest means can afford access to justice and to legal representation.[1] However, in
recent years, and in particular since the financial crisis of 2008 onwards, successive
governments have pursued a policy of “austerity”, which has sought to significantly
reduce government spending. It has therefore been suggested that the level of pride in the
legal system in England and Wales has not been reflected in the resourcing of this sector
by the government, and this essay will assess the extent to which this is true.
Austerity Measures and their Impact on the Administration of Justice in England and
Wales.
Following the financial crisis of 2008 onwards, the UK government undertook a
programme of austerity funding, in which significant cuts to the government spending
budget and borrowing were undertaken in an attempt to reduce the fiscal deficit and to
repair the public finances. Regardless of the economic arguments in favour of or against
such policies, it is argued that the cuts (which affected the legal sector in addition to any
other areas of public life), have had a significant detrimental impact on the administration
of justice in the United Kingdom.[2]
The administration of justice in England and Wales is no doubt a costly exercise. The
courts and all court staff, including the judges are publicly funded.[3] In addition to this,
however, the state is also required to bear the cost of legal aid. Even since the Legal Aid
and Legal Advice Act 1949, those who were unable to afford the cost of legal
representation have been able to have it supplied to them by the state instead.[4] The
provision of legal aid has come to be regarded as an essential social objective, as it
ensures that justice is done by enabling those with legal rights to pursue these in the
courts. Furthermore, ensuring access to justice for all is argued to ensure that the rule of
law itself is upheld, as those engaging with the poorest in society are required to obey the
law as a result. The long-standing right for individuals to access legal aid in England and
Wales has therefore been seen as a significant point of pride for the English legal system
itself.
However, austerity policies have significantly impacted the legal sector in recent years.
Indeed, out of all the public sectors, the cuts to the Ministry of Justices’ budget in the
period between 2010-11 and 2019 have been greater than any other sector, with
reductions in funding of over 40% in this period.[5] As is noted by the Financial Times,
the Ministry of Justice in 2010 controlled a budget of £10.9 billion, and in 2019, this is
reduced to just £6.38 billion.[6] This has been accomplished primarily by a reduction
in the availability of legal aid.[7] The Legal Aid, Sentencing, and Punishment of
Offenders Act 2012 (LASPO) significantly reduced the availability of legal aid for
many.[8] Indeed, entire sectors of law were excluded from the availability of legal aid
altogether, including family law, welfare, housing law, and debt claims. This has
threatened the access to justice for many, and has also hindered those most in need of
legal aid to enforce their rights as these areas generally involve the poorest in society and
the protection of their legal rights.[9] Some have argued that this has caused the legal
system itself to descend into crisis, and that it has damaged the social fabric of society as
those engaged in disputes with poor individuals in areas with no legal aid funding
