Scope report uncovers impact of legal aid cuts on disabled people

A new report exposes the serious consequences for disabled people if the Government goes ahead with plans to cut Legal Aid. The report written by disability charity Scope lays bare how the Government will undermine its own welfare reforms.

Launched in advance of the Lords debating a bill that removes welfare from the scope of legal aid, it demonstrates how the Government is in danger of leaving disabled people at the mercy of a complex system of reviews, appeals and tribunals.

The Legal Aid, Sentencing and Punishment of Offenders Bill has been entered into the Lords and will go into the committee stage in the coming weeks.

Disabled people make up 58 per cent of those who receive legal aid for welfare benefits cases. This translates to over 78,000 disabled people each year who will be denied specialist legal advice if these measures go through.

The report entitled - Legal Aid in welfare: the tool we can’t afford to lose – and commissioned by the Justice for All coalition of charities, legal and advice agencies, trade unions and community groups follows the route five typical claimants take as they as they negotiate red tape and bureaucracy with and without legal aid, and how the appeal and tribunal systems fall down when it is not present.

It comes at a time when approximately 1.5 million people on Incapacity Benefit are being reassessed in a bid to create a more accurate system.

But, by denying 78,000 disabled people access to legal advice each year the charity shows how the Government is set to create a much less efficient and accurate system.

Disabled people who no longer qualify for legal advice may potentially miss out on vital support and could end up on the wrong benefit.

The disability charity has repeatedly cautioned the Government that its plans for welfare reform will only have a chance of working if the right people are on the right benefit and get the right level of support.

The report is being formally launched at a cross-party forum in the House of Lords, and the event will be hosted by a number of Peers, including Baroness Grey-Thompson and Lord Newton.

Richard Hawkes, chief executive of disability charity Scope said:

“Our report clearly demonstrates that Legal Aid is the grease that oils the cogs of the welfare system.

“It is now abundantly clear that the appeal and tribunal system for welfare cases will not work properly if welfare is removed from the scope of legal aid.

“Legal advice is vital for disabled people if they fall foul of poor decision-making, red tape or administrative error, and this makes it crucial to the success of the Government’s welfare reforms.

 “The Government urgently needs to think again, and understand that cutting Legal Aid in this area will make it harder for disabled people to get the right support and ultimately could drive more people further away from work.”

Justice for All spokesperson Will Horwitz said:

"Legal aid is a lifeline for tens of thousands of disabled people each year. Members have told us how vital it is in helping negotiate a complex and intimidating system, usually at a time of great stress, with a new diagnosis or worsening condition."

"This report clearly shows how vital legal aid is, not only for the welfare system but also for individuals. If legal aid for benefit appeals is cut, people will have nowhere to turn for help."

Benefits of Legal Aid

Jill: http://www.justice-for-all.org.uk/News/legal-aid-benefit-appeals

“The prospect of legal aid being completely cut frightens me, as I think of how this would have impacted on my life. I know that without it I would still be struggling far more than I am now, trapped in my home without any hope of things improving, feeling very lost and alone, vulnerable, I would have given up and just settled for my lot.”

Nona: Nona's 13-year-old son has leukaemia, which forced her to give up work. She used legal aid to appeal a Disability Living Allowance decision. The tribunal judge awarded her family the benefit and expressed amazement that the claim had been turned down initially. Full quote and interview available on request.