Fewer drugs cases help ease pressure on legal aid spending

Advising clients on drugs-related matters cost the Legal Aid Service nearly £210,000 in 2021 and about £185,000 in 2022, but just over £70,000 last year.

The service’s latest annual report explained that this had helped drive an overall reduction in expenditure of a few thousand pounds between 2022 and 2023.

‘There was a spike in drug-related matters during the pandemic and lockdown periods, which was reflected in increased expenditure, but matters are gradually decreasing,’ said legal aid administrator Lucy Haywood.

‘We processed 20 applications [for drugs cases] in 2023 compared with 32 in 2022 and 53 in 2021. There was also a small reduction in the number of applications for general criminal matters – 113 compared with 121 in 2022 and 153 in 2021.’

However, the service’s expenditure on civil cases increased to £1.28m. in 2023, up from £1.14m. in 2022.

Mrs Haywood said that legal aid costs were ‘gradually increasing’ in all areas of civil law.

‘Although it is difficult to pinpoint the exact reasons, the main one is likely to be the end to the pandemic and lockdown periods when court proceedings slowed down,’ she said.

‘This is certainly true of the public children law area, where there has been a marked increase in expenditure compared to 2022. These proceedings tend to be fully contested, including the funding of experts, and consequently these tend to be expensive proceedings for each legally-aided party.’

The annual report was submitted to the States Assembly as an appendix report to be noted, but Gavin St Pier has submitted a proposal for it to be debated at the next meeting, which starts on 23 October.

Explaining the reasons for his motion, Deputy St Pier drew attention to annual spending on legal aid, which in total was around £2.23m. last year.

‘The legal aid service is responsible for spending funds exceeding £2m. a year and therefore it is right and proper that its work remains subject to public scrutiny,’ he said.

‘The annual report was last debated a couple of years ago. Among other things, Employment & Social Security has been reviewing the service, and a debate will be a good opportunity for the States to be updated on the progress of that review.’

ESS’ review was led by Colin Stutt, head of funding at the Legal Services Commission, which has responsibility for the rules of access to civil legal aid in England and Wales.

Mr Stutt completed his review at the end of 2023 but it has not yet been published.

One issue he was expected to look into was the gradual reduction in the number of advocates undertaking legal aid work, which the latest report said was a continuing concern.

‘As at July 2024, approximately 170 advocates were practising in private practice, and only 23 advocates were taking on legal aid work, compared with 25 in 2022,’ said Mrs Haywood.

She said that several do not take on regular legal aid work, two only worked as the ‘duty advocate’, and some would only act for children in court cases.

The legal aid service pays advocates £167 an hour. The rate has not increased for more than 20 years.