The ATJF aims to improve access to justice for the most vulnerable by strategically funding organisations which provide legal advice and representation to those who need it the most. In 2016, we made grants to over 80 organisations, including advice agencies, Law Centres®, pro bono projects and court-based duty schemes.
The Foundation was set up, in 2007, by a group of professionals drawn from across the legal profession and advice sector, and continues to be led by a board comprising representatives from the judiciary, the Bar Council, Advice Services Alliance, the Law Society and, of course, CILEx.
Judith Gordon-Nichols has been nominated by CILEx to join the ATJF’s board, replacing Sandra Barton who has recently stepped down. Judith qualified as a Chartered Legal Executive in 1991, and specialises in civil litigation. She served on CILEx Council from 2004 to 2016, and was President for the year 2009/2010. While a Council member, Judith was a member of the Pro Bono Forum, and then the CILEx Pro Bono Trust, chairing both the forum and the trust. She has also served as trustee for Avon & Bristol Law Centre and the South West Legal Support Trust. Commenting on her nomination, Judith said: ‘I am honoured to be nominated by CILEx to join the board of the Access to Justice Foundation; it does essential and important work supporting the giving of free legal advice, which is something we should all support.’
Supporting free legal advice is essential as it assists those that we recognise as being the most vulnerable: children in poverty; the homeless; elderly housebound people; and disabled people. Very often, the circumstances for the most vulnerable people reach a point where only the intervention of a lawyer or specialist caseworker can resolve the problems. Over the past few years, the need for that help has increased and the resources to provide the help have reduced. Recent funding cuts mean that those in welfare benefit and family disputes, people in need of help to sort 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. Funding cuts and a time of austerity have done nothing to help with the increase in demand. Funds raised make a real and recognisable difference to the lives of many of the poorest and most vulnerable people around the country.
You may have heard about the rise in the use of food banks. Trussell Trust food banks distributed more than 500,000 three-day emergency food parcels to people in crisis from April to September 2016: over 188,500 of these were to children. The primary referral cause is benefit delays, that is, not ineligibility but poor administration. With access to even a one-o ff piece of legal advice, many of these issues could be avoided.
Free legal advice services can and do help with many similar problems before they reach such a critical position, but these services are not available to all. The ATJF is working closely with the pro bono and free legal advice sector to extend services to parts of the country where none currently exist.
CILEx members have been instrumental in helping to increase the funds raised from... ‘It’s not just peanuts’ campaign from around £42,000 in 2011 to £233,000 in 2015
Legal advice centres help the most vulnerable to enforce their rights, and without vital funds many would not have access to such services. For example, Mary is in her 60s, and she stopped work in 2007 as she suffers from arthritis and emphysema. She was on incapacity benefit, but when that changed to employment and support allowance (ESA) in 2013, Mary gained only three points out of the 15 needed for mobility. Her ESA was stopped, and the report says that she walked for an hour a day in the park next to her home. However, there is no park next to her home, and she could not walk for 10 minutes, let alone an hour. Thankfully, Hastings Advice and Representation Centre represented Mary at tribunal and gained the benefits (backdated to 2013). Free legal advice affects every vulnerable group, and sadly there are thousands of examples like this.
In order to continue with our support of these projects and services, it is imperative that funds continue to be raised. The support of organisations like CILEx, and the many firms that have been encouraged to support the Foundation’s campaigning, is invaluable.
CILEx members have been instrumental in helping to increase the funds raised from the Foundation’s ‘It’s not just peanuts’ campaign (see below) from around £42,000 in 2011 to £233,000 in 2015, as well as encouraging firms to take part in the legal walks held around the country. Ultimately, while progress has certainly taken place, increasing demand and continually diminishing resources make the work of the ATJF more important than ever.
Pro Bono Costs Orders
Pro bono costs orders are like ordinary costs orders which can be claimed in civil proceedings where the successful party benefited from free legal advice or representation, whether for all or part of their case.
Under section 194 of the Legal Services Act 2007, you can claim the cost of any pro bono work you undertake on a civil case (even where some or the majority of the case was done on a fee-paying basis) from the paying party with an order in favour of the Access to Justice Foundation.
The Foundation can provide support, advice and training for anyone interested in raising funds for us through pro bono costs orders. We provide all the resources you need, including draft orders and template schedules, and can even provide mentoring from one of our pro bono ambassadors, who are lawyers experienced in doing this kind of work.
Donations
We rely on support from individuals like yourselves to help us change lives.¹
Unclaimed Client Account Funds: ‘It’s not just peanuts’
Throughout the country, money is sitting in unclaimed and dormant solicitors' client accounts. These sums range from a few pence to tens of thousands of pounds.
If a client cannot be traced, those funds can be donated to the Foundation (with Solicitors Regulation Authority (SRA) approval for amounts over £500). We provide an indemnity to ensure that there is no risk to the firm in the future if the client re-emerges.
We are encouraging firms 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’s not just peanuts!
For donations of sums over £500, the Foundation will provide a written indemnity to the donating firm as required by the SRA.
The Foundation has prepared a guide to releasing these balances, which can be found on our website, and the Institute of Legal Finance and Management distributes this information at training sessions.²
Legal Support Trusts
The Foundation works with and supports a network of seven Legal Support Trusts that cover England and Wales to fund and support local legal advice agencies, which provide free legal advice and help to facilitate access to justice for the poorest, most vulnerable and most disadvantaged members of society.
The Legal Support Trusts raise funds primarily by organising sponsored events such as 'Legal Walks', as well as participating in national fundraising events. Last year, the trusts collectively raised over £1,000,000 for free legal advice services helping to enable access to justice nationwide. The London Legal Walk broke records for its 10th anniversary by raising over £560,000 and having 8,500 legal professionals participate.
The trusts are always in need of the support of their local legal community and Chartered Legal Executives are a crucial part of this. We encourage everyone who is interested to get involved with their events, which are always fun activities to participate in either individually or as part of a team, and celebrate the entirety of the profession: from the advice sector, which works tirelessly at the front line, to the professionals who dedicate their time for free.
1 You can support us at: www.atjf.org.uk/donations.html
2 Visit: www.atjf.org.uk/unclaimed-client-accounts.html