CILEx announces its proposals for the next government

The Chartered Institute of Legal Executives (CILEx) has published its proposals ahead of the general election in 2015.

CILEx believes that the next government has a part to play in answering the various challenges facing the justice system in England and Wales.

These challenges include: how to ensure legal support is available for those who need it? How to protect and guarantee the public's rights? And, how to support a competitive legal market?

The following are CILEx's proposals to a new government.

Legal aid

The government should conduct an immediate review of changes to civil and family legal aid under part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and a wholesale review of the impact of changes to criminal legal aid.

The public believe they can no longer seek legal aid in areas where it remains available, leading to unmet need. CILEx say that the government must educate the public on what legal aid is still available to ensure vulnerable people who are eligible know they can access the service.

Moreover, the threshold for exceptional funding under section 10 of LASPO should be amended to ensure vulnerable people have sufficient access to legal support. CILEx say just four per cent of requests for exceptional funding has been granted with the majority of these being inquests.

CILEx argue that the threshold needs to be lowered so that the test to obtain exceptional funding is be unduly restrictive, and that funding should be reintroduced for completing the application forms.

Access to justice

The government should develop a strategy for the delivery of free legal advice to support charitable organisations and avoid the creation of 'advice deserts' based on the recommendations of the Low Commission.

The government should, furthermore, confirm it will not increase the small claims limit for personal injury claims, following its earlier admission that to do so may have an adverse effect on genuine victims.

Genuine and viable funding options must remain open to each individual claimant for genuine personal injury claims. There should be no expectation on all individuals to have 'before the event' (BTE) insurance should it not be appropriate or affordable for them.

The government should also review the changes to funding for civil litigation following the introduction of the Jackson reforms.

Judicial review

The permission stage of judicial review applications should be funded, and cost restrictions on oral permission hearings lifted.

Part 4 of the Criminal Justice and Court Bill should be reviewed. In particular clause 64 (which requires the court to dismiss an application where it considers the conduct complained of would be highly likely not to have resulted in a substantially different outcome for the applicant). CILEx says it is not persuaded that there needs to be any change to the way in which the court currently exercises its discretion to consider, at both the permission and the remedy stage, whether a procedural flaw in decision making would have made any substantive difference to the outcome.

Courts and judges

CILEx argue that the government should maintain the public function of the courts and desist from privatising court functions.

Moreover, consumers and litigants in person should be protected from unauthorised, unregulated, and uninsured 'fee paying' McKenzie Friends representing them in court.

Furthermore, all judicial posts should be open to lawyers regardless of professional title and appointment should be on merit only. To that end, the Judicial Appointments Commission should adopt 'blind CV' best practice, including not revealing which educational establishment the candidate attended when short listing.

Legal services regulation

A review of the legal regulatory landscape is needed, says CILEx. This would include proposals for a single legal regulator and a system of reserved, regulated and unregulated legal activities to ensure parity between the professions and fair competition.

If, following robust consultation, a single regulator is created it must include specialists from all regulated communities, and some consideration should be given to basing the new body outside London.

Pursuant to EU directive 98/5/EC, the government should allow a chartered legal executive lawyer who is qualified in England and Wales to practise on a permanent basis under their own title in another EU member state.

Section 3 of the Powers of Attorney Act 1971 should be amended to enable chartered legal executives to certify copies of EPA/LPA.

Surveillance state

CILEx argue that there should be a robust national debate ahead of the expiry of the DRIP Act in 2016, and government should guarantee any replacement legislation is not rushed through.

Moreover, in future, any use of data gathered for intelligence purposes should be subject to robust judicial oversight to protect the rights of citizens to lead lives without intrusive oversight from government.

Vocational training

The Legal Education and Training Review (LETR) highlighted a need for a quarter of a million jobs in the legal sector by 2020. CILEx believes many of these will be paralegal roles and to maintain the UK's competitive position in the global legal market, the government must ensure paralegals have access to professional education.

Funding for apprenticeships in England is non-existent for over 24s. The age restriction on the availability of 50 per cent apprenticeship funding should be lifted and the funding available to employers of all adult apprentices.

There should be further development of apprenticeships, particularly at Levels 2 and 4 to complement the Level 3 apprenticeship already on offer. The government should ensure any changes to funding for apprenticeship or vocational learning acknowledge the challenges faced by small businesses, with particular consideration to the burden on PAYE and administrative systems.

As legal services apprenticeships develop, the government should ensure they all lead to nationally recognised qualifications, and do not culminate in a variety of assessment outcomes which lead to reduced credibility of assessment and what it means in relation to learner recognition.

Apprenticeships should include appropriate interim recognition to facilitate transferability between apprenticeship outcomes, and optimise the use of the qualification.

Finally, funding for all qualifications should be linked to regulatory requirements, and the government should encourage closer working between the Skills Funding Agency (SFA) and the Office of Qualifications and Examinations Regulation (OFQUAL).

Human rights

Regardless of the outcome in the next general election and any subsequent changes to human rights law, the human rights of all UK residents should be fully enforceable within both domestic and international structures, and the actions of public bodies must be fully accountable and consistent with the rule of law. SJ