1. Introduction

Law Centre (NI) strongly supports the development of community legal services.  Community legal services are an important means of targeting social need and of delivering legal services in areas of identified need in a more effective manner than is presently possible under the current arrangements for funding of legal services.   The development of community legal services is therefore a crucial component in the full implementation of the Access to Justice Order (2003).

 

2. Priorities for Community Legal Services Projects

2.1 Law Centre (NI) agrees that the priorities for targeting social exclusion through the provision of legal services have been correctly identified by the Lord Chancellor.[1] These were reflected in the Commission’s consultation on the Northern Ireland Funding Code in 2007 and should now form the basis for prioritising community legal services projects in Northern Ireland.[2]  In particular, we recommend that the Commission considers the following proposals as possible pilot projects.

2.2 (i) A project to increase access to justice for victims of domestic violence.  In Northern Ireland approximately 50% of the population are not eligible for legal aid and a further 25% are entitled only to partial assistance.  Domestic violence is not confined to, or predominant, amongst any socio-economic group.  Significant number of victims of domestic violence in Northern Ireland will not therefore be entitled to legal aid to access the legal services they need to address their experience of domestic violence, with those just above the financial eligibility threshold for legal aid, most adversely affected.

 In England and Wales the financial eligibility test for legal aid in cases of alleged domestic violence have recently been relaxed, increasing access to justice for the victims of domestic violence. This is one model to support victims of domestic violence in seeking legal redress.  An alternative model would be to tender with voluntary sector organisations and private legal practitioners for the delivery of legal services for victims of domestic violence. 

Law Centre (NI) favours the latter model as a more effective means of encouraging specialism in this complex area of law.  We recommend that Commission develops a pilot project that would identify and target appropriate voluntary organisations or other providers to deliver legal services to victims of domestic violence.  Funding would enable the appropriate organisations to employ legal advisers who, through their ability to specialise in this area of work, would be able to quickly develop an expert legal service, thereby offering real value for public money.  An additional benefit of this model is the enhanced contribution to policy development made possible when the work of voluntary organisations, with a commitment to campaigning and lobbying, is informed by legal practice.  

We recognise that some victims of domestic violence may prefer to approach legal practitioners in private practice for assistance and we therefore also recommend that the Commission develops a pilot project for the delivery of a tailored and contracted domestic violence legal service which is open to tender from private legal practitioners. Subject to the appropriate quality controls, contracts should be awarded across a sufficiently broad geographical area to ensure that those in need of specialist legal advice on domestic violence are able to access these services within a reasonable travel distance.      

(ii) Housing Debt Project: Under the terms of the Access to Justice (NI) Order (2003), there is no provision for funding housing debt services to those experiencing housing debt and possible eviction, as is currently possible in England and Wales.  We recommend that the Northern Ireland Court Service ensure that the power to fund such a service is enacted.  We also recommend the Commission pilots a project with voluntary sector organisations that would provide advice and support to those at risk of repossession because of mortgage or rent arrears. 

(iii) Employment project: experience from Law Centre (NI) employment practitioners suggests that there is significant unmet legal need in relation to employment law disputes.  The difficulties created by the absence of legal aid to pursue employment claims are well known.  For some claimants of modest means, the absence of legal aid creates an insurmountable barrier to access to justice to remedy employment disputes.  Difficulties in resolving employment disputes are often exacerbated for migrant workers.[3]  We therefore propose that the Commission considers a pilot project to identify appropriate voluntary organisations, or other providers, engaged in employment rights matters and to target funding to those organisations to establish or to develop their capacity to provide an employment law tribunal representation service, including to migrant workers.  As with our recommendation in relation to the domestic violence project, the Commission could additionally invite tenders from private legal practice for the delivery of employment law services. 

(iv) Immigration Work: the current service provide by the Law Centre is under severe pressure and there is considerable evidence of unmet legal need.  A recent trafficking route has led to large number of Somali applicants for asylum who cannot all receive legal representation.  We would recommend an increase in funding of both the Law Centre’s service and first tier work. 

 

3. LSC Engagement (Q. 2 & 4)

3.1 The Commission should seek to engage with a range of government departments in addition to the DSD e.g. DEL in relation to employment matters.  Effective networks between the Commission and a range of government departments create additional mechanisms through which the Commission may periodically review and assess areas of existing or emerging social need identified by these departments and to match this to the provision of legal services.   The LSC should also consider joining the Inter-Departmental Working Group on Advice convened by the DSD to share best practice in the delivery of advice services.

3.2  In terms of the Commission’s contribution to the DSD’s Advice and Information Strategy, the Commission should establish processes for  working with the Advice Service Alliance (ASA) and the DSD in relation to the development of indicators for measuring the quality of advice in Northern Ireland.  The Commission may be aware that the ASA’s report to the DSD on the implementation of the advice strategy, recommends that the Department should take steps to examine and assess the quality of advice in Northern Ireland.  We would encourage the Commission to consult with the Alliance on this and liaise with the Department on the development of tools for measuring quality in the provision of advice and legal services generally. 

 

4. Contract for Services Model (Q. 3)

We see no difficulty with applying a contract for service delivery model to arrangements for the voluntary sector.  Equally, we see merit in extending this model to practitioners within private practice who wish to tender for the delivery of community legal services as a cost effective means of targeting social need and encouraging the development of particular legal specialisms. 

 

5. Quality Assurance Issues (Q. 5)

The Commission should first recognise existing external benchmarks of quality acquired by legal service providers (e.g. Lexcel) but then focus its priority on working with those legal providers who have no external quality audit mechanisms in place.  Following consultation with the ASA and the DSD on the development of quality standards for advice in Northern Ireland, and subject to the outcomes of this work, the Commission should then review the applicability of these standards to the provision of legal services.  In particular, the Commission should consider whether compliance with these (or other quality standards) should form part of the terms of its contracts for the delivery of legal services.     

 

6. Implementation (Q. 6)  

It is now nearly a decade since the development of community legal services in Northern Ireland was first mooted.[4] A major priority for the Commission should therefore be to promptly explain how these services will be delivered accompanied by an indicative timetable for implementation.  We note that the Commission has identified that is should undertake process of public awareness about community legal services (para. 6.2).  The Commission should follow-up on the momentum created by this consultation process with commitment to a programme of work to explain to interested parties how and when this important initiative will be taken.

 

Notes