« | Home | »

Legal Aid: A Family History

Tags: |

In 1929 my great-grandfather Isaac Foot introduced one of the first legal aid acts in Parliament, the Poor Prisoners Defence Act. He was a solicitor in Plymouth as well as the Liberal MP for Bodmin, and one of his clients, a poor girl, was facing a murder charge with no financial support in the magistrates court. ‘A prisoner who is without means,’ he said, ‘ought to be in no worse position to establish his innocence than a prisoner who is able to pay.’

Isaac had five sons and two daughters. Three of the sons – Dingle, John and Christopher – followed him into the law. Michael became a journalist. Dingle, the eldest, was a barrister who defended civil liberties in the courts of Commonwealth countries. As the Liberal MP for Dundee he also supported extending the right to challenge unfair government legislation, the process known today as judicial review.

In the 1945 general election, Isaac, Dingle and John Foot all stood as Liberals and were expected to win. All went down to defeat. Michael, the outside chance as a Labour candidate, won in Plymouth Devonport.

The 1949 Legal Aid Act was founded on the principles of Isaac’s 1929 bill. Introducing the act, the attorney general, Hartley Shawcross, said it would ‘open the doors of the courts freely to all persons who may wish to avail themselves of British justice without regard to the question of their wealth or ability to pay.’

Following his work as chair of the Immigration Advisory Service, John was made a Liberal peer in 1967. Speaking in the Lords in 1978, he said:

The brutal and plain fact of the matter for the majority of people in this country today is that unless they are fortunate to have behind them the assistance of some organisation such as a trade union, the doors of British justice are closed and locked. The fact of the matter is that over the last 20 to 25 years the legal aid scheme has been bleeding to death.

His protestations helped introduce the 1979 Legal Aid Act, which gave access to civil legal aid to 70 per cent of families.

Chris Grayling, the justice minister (and the first lord chancellor without any legal training), has set about dismantling the principles of justice established over the last 100 years. He wants to remove legal representation for prisoners, other than assistance for parole; to undermine applications for judicial review by making it harder for them to get funding; and to deny civil legal aid to anyone who has not been resident in the UK for a year (the recent allegations of sexual assault at Yarls Wood Detention Centre came to light with the help of a legal aid lawyer).

Grayling has not had it all his own way. He tried to introduce price competitive tendering (PCT) that would have denied people without means the right to choose their own solicitor. Companies such as the haulage firm Eddie Stobart announced they were going to bid for contracts for criminal defence. But protests outside Parliament, 16,000 responses to the consultation exercise and a petition organised by a Devon solicitor that collected 100,000 signatures helped to see off PCT.

Grayling still intends to cut criminal legal aid by 17.5 per cent across the board, however. This could lead to a cut of a third to rates for police station work in London.

I’ve been working in criminal legal aid for 15 years and have never seen the rates increase. No one in my firm has had a pay rise for five years. The cuts will inevitably lead to a serious decline in quality of representation, with many firms going to the wall. It will also mean PCT through the back door, because only large enterprises employing low paid caseworkers will be able survive on such rates.

My father Paul dedicated much of his life to fighting to overturn miscarriages of justice. He worked for 17 years on the Bridgewater Four case, supporting Ann Whelan (the mother of Michael Hickey, one of the four) and the campaign to release the men. The campaign won. Paul worked very closely on the case with his friend Jim Nichol, one of the best appeal lawyers in the country. If Grayling’s cuts had been enforced back then, there is no way that Nichol would have been able to afford to do the years of intensive, low paid investigative work on that (or any other) appeal: appeal work is often subsidised by the kind of case work that is to be heavily cut.

One of my cases went to the Court of Appeal last year. Sam Hallam, a young man from Hoxton, was released from prison after serving eight years for murder. He had not even been at the scene of the crime. The work that I did for a year on that case would have been near impossible in the world that Grayling wants to create.

This summer, I helped to set up the Justice Alliance, a coalition of more than thirty organisations brought together by the London Criminal Courts Solicitors Association. The momentum of the campaign led the Liberal Democrats to vote unanimously against the legal aid cuts at their conference in October. On 1 November, the Justice Alliance delivered a letter to Nick Clegg signed by more than 100 organisations calling on him to implement his conference policy against a government that has no mandate to assault legal aid. Indeed, you would be hard-pressed to find anyone who supports Grayling’s proposals. At a parliamentary debate on 27 June, only two Tories out of 32 speakers were in favour of them. Grayling wasn’t there.

The Justice Alliance letter to Nick Clegg was received by Simon Hughes, who said he welcomed any further representations. On 15 November we sent Nick Clegg 100-word testimonials from more than 100 organisations across the country, including Liberty, Justice, the Howard League, Unite, the Children’s Society, MIND and the Refugee Council. All expressed their deep concern about the proposed attacks on legal aid.

There will be no parliamentary vote on whether or not Grayling’s proposals should be introduced. The issue is now urgent as prison legal representation is set to be slashed at Grayling’s whim in December, with other cuts timetabled not far behind. The future of our legal system rests in the hands of the Lib Dems. The party’s members haven’t forgotten the Liberal tradition of providing access to the courts for the most vulnerable. I just hope that Clegg and his cabinet colleagues remember it too.

Comments on “Legal Aid: A Family History”

  1. Save Justice says:

    After the letter signed by over 100 organisations that are part of the Justice Alliance, Nick Clegg is set to receive thousands of ‘Save Justice’ postcards from concerned citizens across the UK calling on him to defend access to justice. Each card contains a personal message to the Deputy Prime Minister expressing concern about the changes to legal aid. Baroness Doreen Lawrence, Noam Chomsky, Emma Thompson, Juliet Stevenson, Ken Loach, and Bianca Jagger are just some of the notable public figures to have written a postcard to Nick Clegg. Will he listen?

  2. artemesia says:

    I practice law in the US. The federal courts routinely receive pro se petitions from prisoners on habeas corpus, and for redress of violations of 8th amendment and other constitutional rights. Just as routinely the vast majority of these petitions are dismissed. The petitions and complaints are frequently hand written. Very rarely, one will be plucked out by a judge and farmed out to “pro bono” attorneys on a list who will be paid nothing to run the case. I recently completed one such case where our client claimed he had not been provided with proper medical care after his hand was broken. It had been dismissed once, but he had persisted. Me and another lawyer spent about 120 hours each on the matter. We settled the case and got the poor kid some money as damages. The pro bono system of appointing attorneys here is the manner in which the system pretends that “due process” has been achieved for those without property. It is a fiction. It seems that blightly aims to follow its american friends. Do not permit that!

  3. richard.lomax2010@gmail.com says:

    It is entirely understandable that Matt Foot’s radical ancestry and professional commitment lead him to decry cut-backs to legal aid. They will inevitably bring more miscarriages of justice. Legal aid has – for over 50 years – operated to create a more level playing field in criminal cases and civil cases too, working through High Street solicitors, providing a subsidy to cover the costs.
    But that model of provision is not the only one available. Educational and health services operate through publicly operated salaried systems and in principle legal services could too. There are effective public defender offices in Australia and Canada and even within some of the United States. Writing in ‘A Criminal Defence Service: The Way Forward’ (Society of Labour Lawyers; June 1999) Bill Lock – who worked for a time in a public defender’s office – said “There is much similarity between my practice in London within a ‘socialist’ set of chambers and in northern California within a Public Defender’s Office.”
    After the Second World War the Rushcliffe Committee recommended a national network of 250 law centres employing salaried lawyers, but sadly the Law Society (which itself became empowered to set up a salaried scheme) hi-jacked the initiative and quashed it, and instead doled out money to the private sector until the Treasury finally lost patience.
    The first attempt to introduce a Public Defender scheme in England and Wales was 1919. The first office opened in 2001. We now have four, which even this government is prepared to support, to keep both as model for comparison, and as a potential alternative method of provision if things get really rough. The radicals amongst us might see them differently – as ‘socialist sets of chambers’ – offices staffed with salaried lawyers and paralegals whose primary concern for justice and who would be less distracted by their profitability.

Comment on this post

Log in or register to post a comment.


  • Recent Posts

    RSS – posts

  • Contributors

  • Recent Comments

    • andymartinink on Reacher v. Parker: Slayground definitely next on my agenda. But to be fair to Lee Child, as per the Forbes analysis, there is clearly a massive collective reader-writer ...
    • Robert Hanks on Reacher v. Parker: And in Breakout, Parker, in prison, teams up with a black guy to escape; another white con dislikes it but accepts the necessity; Parker is absolutely...
    • Robert Hanks on Reacher v. Parker: Parker may not have the integrity and honesty of Marlowe, but I'd argue that Richard Stark writes with far more of both than Raymond Chandler does: Ch...
    • Christopher Tayler on Reacher v. Parker: Good to see someone holding up standards. The explanation is that I had thoughts - or words - left over from writing about Lee Child. (For Chandler se...
    • Geoff Roberts on Reacher v. Parker: ..."praised in the London Review of Books" Just read the article on Lee Child in a certain literary review and was surprised to find this rave notice...

    RSS – comments

  • Contact

  • Blog Archive

  • From the LRB Archive

    Chris Lehmann: The Candidates
    18 June 2015

    ‘Every one of the Republican candidates can be described as a full-blown adult failure. These are people who, in most cases, have been granted virtually every imaginable advantage on the road to success, and managed nevertheless to foul things up along the way.’

    Hugh Pennington:
    The Problem with Biodiversity
    10 May 2007

    ‘As a medical microbiologist, for example, I have spent my career fighting biodiversity: my ultimate aim has been to cause the extinction of harmful microbes, an objective shared by veterinary and plant pathologists. But despite more than a hundred years of concentrated effort, supported by solid science, smallpox has been the only success.’

    Jeremy Harding: At the Mexican Border
    20 October 2011

    ‘The battle against illegal migration is a domestic version of America’s interventions overseas, with many of the same trappings: big manpower commitments, militarisation, pursuit, detection, rendition, loss of life. The Mexican border was already the focus of attention before 9/11; it is now a fixation that shows no signs of abating.’

    James Meek: When the Floods Came
    31 July 2008

    ‘Last July, a few days after the floods arrived, with 350,000 people still cut off from the first necessity of life, Severn Trent held its annual general meeting. It announced profits of £325 million, and confirmed a dividend for shareholders of £143 million. Not long afterwards the company, with the consent of the water regulator Ofwat, announced that it wouldn’t be compensating customers: all would be charged as if they had had running water, even when they hadn’t.’

Advertisement Advertisement