Innovative legal aid

"Legal aid is a vital public service and investment in it has the clear potential to save on other aspects of the public purse," says Evlynne Gilvarry.

The legal aid budget per head in the UK is 10 times that of Germany and France. But while it is hugely costly, the sector is also socially vital. To reduce costs and improve access, innovation is paramount, according to a new NESTA report, Hidden Innovation.

To coincide with publication of the report, Evlynne Gilvarry, The Law Society's Director of Representation and Law Reform, discusses the innovation challenges facing the civil legal aid sector.

The cost of the legal aid system in England and Wales has risen dramatically in recent years, from £1.5 billion in 1997 to £2 billion in 2006.

The result: The UK spends more on legal aid per capita than any other country in the world - the equivalent of £100 per annum for every tax payer.

Despite this, it is still difficult for many, especially those most in need, to gain access to help and advice.

Furthermore, the money available for civil and family legal advice services has actually reduced. This is due to more money being diverted to the rising number of criminal cases coming to trial, as a result of changes in the criminal justice system.

Joined-up thinking

Innovation is imperative, argues Evlynne Gilvarry, "If only to maintain the current level of provision, let alone to improve the service."

Research shows that those seeking legal aid often have several related problems: a victim of domestic violence might also need help with debt and housing problems, for example.

"To stop people falling through the gaps into social exclusion, we need a coordinated legal aid service, in which it is easy for practitioners to work together to provide all of the support that a person needs," says Evlynne. "That requires investment in technology.

"In much the same way as the Department of Health invested in infrastructure, including IT, for GPs, the Ministry of Justice should facilitate the provision by legal practitioners of help to their clients, using a variety of channels including telephony, the internet and video conferencing.

"Clearly the nature of the work means there will always be a need for some face-to-face advice. But by being innovative, using available IT, it would be possible to enhance the existing service to the benefit of clients and deliver value for money."

Communities in control

Evlynne points to examples of innovation already happening around Britain, but says these models of excellence need to become more widespread.

Innovations such as Liverpool's award-winning Community Justice Centre, which stages radical 'Meet the Judge' sessions to engage with local people and identify those crimes most affecting quality of life.

One-stop legal advice shops

Another innovation is the concept of Community Legal Aid Networks. Gateshead's Community Legal Advice Centre - a one-stop shop for social welfare legal aid services - is the first in a series of such networks planned nationally.

Research shows that more than half of civil legal problems lead to other problems, such as ill health, unemployment and homelessness.

By making it easy for people to access all the services they need - even those that they often don't realise they require - the ambition is to help them resolve problems before crisis point. This will not only reduce personal tragedy, but also alleviate subsequent costs to other public services.

Offering an incentive

Already, a scheme in rural Wales allows legal practitioners to tap into more specialised resources via the Internet, and video conferencing and telephony technologies.

This makes it easier for people in a remote area to gain access to a range of expert advice, but it also demonstrates that good quality support does not have to be expensive.

But Evlynne warns that if some of these schemes are to be replicated successfully nationwide, the Government must first offer an incentive to practitioners.

Indeed, one of the biggest challenges facing emerging initiatives, such as the Community Legal Aid Network, is that they are "attractive concepts being launched into an environment of uncertainty."

Creating an environment for innovation

She explains: "Practitioners are facing so many pressures, and cutbacks as a result of legal aid reforms that they feel very unsure about the future. So much so that many are considering their exit strategies - hardly a breeding ground for innovation!

"Policymakers first need to commit to paying legal aid practitioners at rates that secure the viability of their practices. On top of this, they need to provide incentives to encourage practitioners to adopt innovative ways of meeting the needs of vulnerable clients.

"Social trends such as the increase in the number of single person households and rising immigration will only add to the pressure on the legal aid service, making investment in the service - and innovative methods of delivery - an absolute must."

Innovation within the civil legal aid sector is one of the themes explored in NESTA's Hidden Innovation Report. The report calls for the strengthening of incentives for innovation within the sector as well as greater scanning to identify best practice, both in the UK and overseas.