Legal Aid reform: enhancing access to justice for victims

In a landmark move towards justice reform, the Ministry of Justice, in collaboration with the Legal Aid Agency and The Rt Hon Alex Chalk KC MP, has announced significant changes to legal aid means testing set to take effect this year. These reforms aim to address existing hurdles faced by innocent individuals who have suffered miscarriages of justice, personal harm, or injury, ensuring they have the necessary support to seek redress through the legal system.

One of the key aspects of the reform package is the acceleration of measures to enhance access to justice through the Means Test Review. This review process will streamline means testing procedures, removing certain compensation payments that previously rendered victims ineligible for legal aid. As a result, victims will no longer face unnecessary delays or financial burdens when seeking justice.

Under the new reforms, tailored measures will ensure that victims of miscarriages of justice are not automatically disqualified from receiving legal aid when seeking accountability in court. Previously, compensation payments made through the miscarriage of justice compensation scheme were subjected to means testing, often leading to delays in applications for compensation. Now, victims can pursue justice without worrying about financial obstacles hindering their access to legal aid.

Lord Chancellor and Secretary of State for Justice Alex Chalk emphasised the importance of these reforms in providing essential support to innocent individuals seeking justice. By removing barriers to legal aid, the reforms aim to empower victims to assert their rights and hold authorities accountable for any injustices they have endured.

Moreover, the reforms extend to better support for vulnerable groups, including victims of domestic abuse. Victims forced to leave their homes temporarily for safety reasons will have the first £100,000 of equity in their houses disregarded from means assessment, ensuring they can access legal aid when needed most.

Additionally, backdated welfare benefits and child maintenance payments will be disregarded, expanding access to legal aid for vulnerable individuals. While some reforms may face delays due to competing priorities, the Ministry of Justice remains committed to ensuring that victims have the support they need to seek justice.

The reforms also include updates to eligibility criteria for the miscarriage of justice compensation scheme, designed to help individuals restart their lives after wrongful convictions. To be eligible for compensation, individuals must apply within two years of being pardoned or having their conviction reversed, based on newly discovered evidence.

Guidance: The reforms outlined in the legal aid reform package include:

• General power (civil) to disregard compensation, damages, and/or ex-gratia payments for personal harm on a discretionary basis.
• Mandatory disregard (civil and crime) for Modern Slavery Victim Care Contract payments.
• Discretionary disregard (civil and crime) for the Victims of Overseas Terrorism Compensation Scheme.
• Disregards (civil) for back-dated welfare benefits and child maintenance payments.
• Mandatory equity disregard (civil) where a victim of domestic abuse has temporarily left their home.
• Mandatory disregard (civil) for Scotland and Northern Ireland redress schemes for historical child abuse.
• Discretionary disregard (civil and crime) for miscarriage of justice compensation payments made under Section 133 of the Criminal Justice Act 1988.
• Extending the existing discretionary disregard for Grenfell Tower compensation in the civil legal aid means test to criminal legal aid.