Administration of justice

The Access to Justice Foundation: the first ten years

As the Access to Justice Foundation turns ten years old, we are taking the opportunity to reflect on how far we have come and make plans for the years ahead.

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How we help

We make grants to organisations that help people with their legal problems. Since we were set up, this has become even more important following the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the impact of austerity starts to bite.

Recent funding cuts mean that those in welfare benefit and family disputes, people in need of help sorting out debt demands, and individuals who have housing problems cannot get the legal help that they need. Free legal advice centres try to bridge this gap by helping those who cannot afford a lawyer by providing solutions without charge. But this is a difficult task, and we can only help a fraction of the organisations that approach us for funds.

Since 2008, we have funded life-changing legal help for thousands of vulnerable people. One of these was a particularly harrowing case involving a single mother, who had been made homeless and then placed into shared housing with other homeless people. Her housemates suffered from severe behavioural problems, heavy drug addiction, and regularly exhibited erratic and abusive behaviour towards the mother and her son. One evening, she came home to find that her belongings were in disarray and believed that her flat had been broken into. In fact, one of her housemates had broken the window. Upon discovering that she had called the police, the flatmate physically threatened the client and her son. As a result, the local Law Centre ensured that she had access to safe accommodation for herself and her son. Advice agencies and Law Centres tell us that not only is demand for services increasing year on year, but the problems that people are presenting with are more complex (for example, see case study 1 below).

CASE STUDY 1

Mrs D sought advice in order to challenge a medical assessment after making a claim for Employment and Support Allowance. Following the assessment, she was found to be fit for work despite suffering from depression, heart problems and osteoarthritis. In between lodging her appeal and the hearing, Mrs D became so ill that she was admitted to the intensive care unit of her local hospital. Despite this, the Department for Work and Pensions did not change its decision. Her local Law Centre helped Mrs D to obtain supportive medical evidence of her many conditions and represented her at the appeal hearing. The tribunal allowed her appeal, which meant she had enough money to live on.

People need help with a whole range of issues, including housing, immigration, access to benefits, health and social care, and employment. Often, people need help with a range of these issues, and access to specialist services is getting increasingly difficult (for example, see case study 2).

CASE STUDY 2

Mrs X was a disabled woman with various physical health conditions. After 20 years of service, she was bullied out of her job on account of her health problems and was on long-term sick leave.

The Law Centre commenced a claim in the Employment Tribunal, and successfully challenged the employer’s assertion that she was not disabled at a preliminary hearing. An amicable termination of Mrs X’s employment was ÿnally negotiated, with an agreed favourable reference and substantial settlement payment. This allowed Mrs X the time to recover her health before commencing her new employment.

The role of the Access to Justice Foundation

We are the only national charity funder solely focused on supporting the provision of legal advice and representation. We are working closely with other funders and the profession to ensure our grants help as many people as possible. We are doing this through a focus on technology, appropriate use of volunteering and encouraging partnerships. Here are a few examples of projects we have funded:

  • Coram Children’s Legal Centre: staffing for Child Law Action Line, a free legal advice service for children’s issues;
  • Prisoners' Advice Service: running outreach clinics, developing self-help kits and training prisoners to become peer advisers; and
  • Shelter Cymru: increasing access to housing advice through a dedicated webcam housing advice service.

How you can help
Unclaimed client account funds: It’s Not Just Peanuts

If a client cannot be traced, dormant client account funds can be donated to the Foundation upon written approval from CILEx Regulation. We provide an indemnity to ensure that there is no risk to the firm in the future if the client resurfaces.

We are encouraging Chartered Legal Executives to donate their dormant client account funds to the Foundation to help us continue our valuable work. On their own the sums may seem minimal, but collectively they can make a significant difference in supporting access to justice for those in need; hence, it is not just peanuts! Many firms send us small regular amounts, others donate significant sums: it all helps.

Legal walks

Last year, the walks and other events held across the country collectively raised over £1,000,000 for free legal advice services helping enable access to justice nationwide. CILEx members are very supportive of these events.*

Pro bono costs orders

The procedure for seeking an order for pro bono costs is the same as seeking a normal costs order. At the successful conclusion of an application, trial or appeal, the pro bono lawyer or litigant in person should ask the judge to order costs against the losing party. Under section 194 of the Legal Services Act 2007, pro bono costs must be paid to the Access to Justice Foundation. The Foundation can also provide all the templates you will need and will put you in touch with one of our ‘Pro Bono Champions’ if you would like support from a fellow advocate who has previously been successful in obtaining an order. Pro bono costs orders are made in a wide range of civil cases, and they range in size from £250 to £50,000 (for example, see case study 3 below).

CASE STUDY 3

One recent case involved a woman who had signed over her mortgage-free property because of duress. There were a number of applications to the court, and pro bono costs orders were made on three separate occasions. The total pro bono costs orders amounted to £39,330.73.

The summary statement of costs was prepared and ÿled as if the client was a paying client and not being represented on a pro bono basis. Not only did this woman get her home back, but she enabled many more people to receive free legal help in the process: it is a win–win situation.

Looking ahead

The need for this kind of funding is not going to go away, and we are committed to doing all that we can to help the most vulnerable people in society to access justice. We work closely with the advice sector to identify areas of greatest need and the most effective way to utilise our funds.

We are committed to working nationally, focusing on advice deserts where there is little or no provision. We are a small charity and rely heavily on the generous support of volunteers, including our regional committees, to ensure that we make the most of our events and campaigns. The Foundation is always keen to hear from CILEx members who may be able to help with events, awareness raising, communications or fundraising.

* To find out where your closest walk is, visit: https://www.atjf.org.uk/local-trusts.html