Scottish Legal Action Group

Transcription

1 Scottish Legal Action Group Working to explain and improve the law and legal services Background Paper on Proposals for Reform If you know the law you know what a powerful tool it is. - Kirsteen MacKay, mother of three young children, two with disabilities, on benefits and facing divorce who was unable to get the legal advice she needed and embarked on her own legal research, and now in third year of a law degree with support of bursary from Edinburgh University. What is SCOLAG? The Scottish Legal Action Group ( SCOLAG ) was formed in 1975 with the aim of explaining the law and promoting legal services and changes in the law and the legal system for the benefit of those members of society who are economically, socially, or otherwise disadvantaged. It is the publisher of SCOLAG Legal Journal, which regularly publishes articles on employment law, family law, criminal law, social security, human rights, mental health, child law, housing law, asylum and immigration law, administrative law as well as a news features, legislative developments, lists of current Scottish and UK consultations and book reviews. It is often the only place where new independent research in social welfare law issues can get published to a wider audience in Scotland. Articles published in SCOLAG Legal Journal have frequently been picked up by the mainstream media and found their way on to the front pages of the Scottish press. SCOLAG is a registered charity operating as a company limited by guarantee. Funding of the Group comes entirely from the subscriptions of its membership. Subscribers to SCOLAG Legal Journal include solicitors, advocates, judges, students, law libraries, local authorities, Citizens Advice Scotland and private individuals. The Group also publishes its own website Over the years the Group has also put on a number of conferences, seminars and other events. The most recent of these took place in the Playfair Library at the University of Edinburgh on 20 th October 2005 to mark the 30 th anniversary of the Group. The meeting was chaired by the Honourable Lord Prosser and the speakers included Alex Salmond MP JANUARY 2006, ISSUE 339 PAGES 1-24

2 Renewed Pressure for Reform It is well known that the Scottish Executive are currently looking at major reforms of the criminal and civil justice systems. So far most of the significant reform efforts have been concentrated on the criminal justice system, and in particular with procedural reforms in the High Court and sheriff court. Whilst further reforms in the criminal justice system are expected in 2006, new initiatives can also be expected in the civil justice system in 2006 and beyond. During 2005 SCOLAG participated, amongst other things, in two exercises concerning the civil justice system. The first of these was a project carried out by Scottish Consumer Council, which formed an advisory group under the chairmanship of the Right Honourable Lord Coulsfield. This exercise consisted of the advisory group developing a series of six seminars held in Edinburgh between September 2004 and April 2005 and carrying out other consultations with stakeholder organisations. SCOLAG was one of the organisations invited to participate in the seminar series. At the end of the seminars the participants were asked to make written submissions on the issues under consideration. The final report of the advisory group was published on 2 November A copy of its report can be found on the SCC website at SCOLAG made a written submission at the end of the seminar series. This was published in SCOLAG Legal Journal in May An article by Sarah O Neill, Legal Officer at the Scottish Consumer Council, summarising the background the project and its conclusions was published in SCOLAG Legal Journal in January The second matter was a Scottish Executive consultation on legal aid reform entitled Advice For All: Publicly Funded Legal Assistance in Scotland? The Way Forward. The Group s submission to this consultation was published in the October 2005 issue of SCOLAG Legal Journal. SCOLAG s proposals From these two submissions there are two particular proposals for reform which SCOLAG wants to highlight These are: (a) (b) The development of a network of community based law centres throughout Scotland. These law centres should work in conjunction with the voluntary sector and other advice services, and could even share premises and resources. An expansion of public education on legal matters amongst adults and children. This would involve greater publication of legal information for use by the general public and also teaching within the school curriculum some of the basic concepts relating to the structure of the civil and criminal justice systems in Scotland, together with some of the basic concepts relating to legal rights and responsibilities which underpin our society or have practical significance for people in their daily lives. What we said in our response to the Scottish Executive on its consultation paper Advice for All Securing the provision of civil PFLA services we do not believe that any central based organisation, either a local authority, SLAB or the [proposed National Co-ordinating Body] would be sufficiently close to the practical day to day issues affecting many people PAGE 2 Scottish Legal Action Group

3 to permit any widespread use of this model for the delivery of civil PFLA services. Nor do we believe that it would in any way mean that the public felt involved in such services or that it would foster any sense of ownership. We would also be concerned that this was developed into a system where there was a restriction in the choice of provision. We would not favour the use of contracting with private practitioners to provide legal services. In our view it is most likely to lead to an exodus of practitioners from PFLA work, and over time it becomes a bureaucratic system with unnecessary time taken up in seeking renewal of the contract. It will restrict services, restrict competition and act as a barrier to the widespread provision of civil PFLA. the most appropriate form of provision is through the widespread development of community based law centres. In our view such law centres could successfully operate as mixed practices where there are both solicitors and volunteer advice providers and existing advice service organisations working from the same building and serving local communities. We believe that there would be considerable advantages for the general public and those involved in such a system. In particular it would improve accessibility and simplify access to PFLA thereby ensuring delivery of a variety of services to those most excluded, it would promote community involvement and promote a sense of public ownership, it would encourage co-operative effort, it would encourage the sharing of information and promote high levels of service delivery. What we said in our submission to the Scottish Consumer Council on Modernising The Civil Justice System In Scotland - There are a number of areas where the Group would like to see changes. The very first of these is that we believe that it is not possible to aim for an inclusive society based on each person exercising their rights and fulfilling their responsibilities without giving them a basic understanding of the legal system of the country they live in. We do not believe that it is sufficient to leave this to tabloid newspapers. That means that where citizenship is taught in schools then this ought to include some knowledge of the civil and criminal justice systems together with a framework which explains citizens principal social and legal rights and responsibilities. Examples of what might be included in this, in addition to the political and justice systems, include consumer rights, housing rights, money advice, parental rights and responsibilities, parenting skills, children s rights. We believe that a citizenship studies module which incorporates these features should be a basic part of the school education system. We would also wish to see greater funding put towards the development of legal service provisions for subject areas which affect the daily lives of a significant portion of the population, such as housing, social security, debt and consumer law. That would involve local law centres being available throughout the country. At present these are focussed in the central belt, and principally around Glasgow. In our view community based law centres ought to be actively promoted the length and breadth of the country. In addition to professional lawyers we also consider that there is a role for volunteer advisers. Scolag has been pressing for these developments over many years. Indeed the expansion of community legal advice services is a topic which featured in the second issue of the Scolag Legal Bulletin in It is an issue which has featured regularly in Scottish Legal Action Group Page 3

4 SCOLAG and in the Group s responses to Consultations ever since. Nor is it a new idea that there should be greater education of the public in legal matters and aspects of the law and legal system should be taught in schools. In January 2001 in response to an Inquiry by the Scottish Parliament into the Scottish Legal Aid system the Group s response included the following submission: SCOTLAND S ACCESS TO JUSTICE Inquiry into the Scottish Legal Aid system I COMMUNITY LEGAL SERVICESCOMMUNITY LEGAL SERVICES 1 Extension of advice and law centres Extension of advice and law centres The Group has long supported the extension of community advice and law centres as cost efficient and congenial access for the public to legal assistance. It is a matter of concern that the funding of all such bodies tends to be precarious. 2 Employment of Legal Aid solicitors in advice and law centres Employment of Legal Aid solicitors in advice and law centres Solicitors employed by the Scottish Legal Aid Board and knowledgeable and experienced in areas in which advice agencies specialise such as employment, housing and social security should be located in advice agencies, supported by appropriate secretarial back up and office equipment. 3 Supply of Legal Advice & Assistance by unqualified staff Supply of Legal Advice & Assistance by unqualified staff We believe that non legally qualified staff can supply Legal Advice and Assistance funded by the Scottish Legal Aid Board. Sometimes they would be the persons with most knowledge and experience in certain areas. To assure quality, however, they must have qualifications in their specialisms and training in associated areas of the law.. 5 Reference resources Reference resources These should be increasingly placed in public libraries and in advice agencies, both in printed form and on computer by means of CD Rom and the Internet. 6 Education Education We favour greater effort in teaching children, along with modern studies and civic awareness, the rudiments of law and the legal system. A publicly funded agency could also undertake the publication of more explanatory leaflets than are currently available from rights and trading standards agencies, and could highlight on radio, television and in the press topical items of importance. The reasons for SCOLAG s proposals In 1999 the Paths to Justice research study by Professor Hazel Genn was published. This research quantified the extent to which people were involved in disputes which had legal aspects to them, what were the most common subject matters for dispute, the extent to which legal assistance was sought or provided, and the reasons for not PAGE 4 Scottish Legal Action Group

5 seeking or making use of legal assistance. Two years later the results of an equivalent exercise in Scotland were published in Paths to Justice Scotland, Professor Hazel Genn & Professor Alan Paterson, (2001, Hart Publishing). The following are extracts from the main conclusions of the study:- [p82] The screening survey (a random sample of 2684 individuals over 18 years of age) has revealed a relatively high incidence of justiciable problems within the general population. Over a five year period about 26% of the general population experienced one or more problems or events for which a legal problem is available certain types of problems seem to occur with considerable frequency, such as problems to do with living in rented accommodation. ; [p119] The results presented in this Chapter also indicate a widespread feeling of ignorance about legal rights that exist across most social groups. Different levels of personal confidence and resources will affect what can be done with information and advice, but the need for easily accessible free or low cost advice is profound. The current level of demand for free advice appears to exceed the resources available. The accounts of difficulties in accessing free advice from CABx and other advice agencies contrasts sharply with the ease with which advice can be obtained from solicitors if members of the public in Scotland can afford to pay for such advice and are willing to do so. for most of the population there is still a good network [of solicitors carrying out legal aid work] to act as the basis for a Scottish community legal service. Finally, interviews with respondents revealed the mismatch between the public need for free advice and assistance and what was sometimes on offer, in particular the perceived inadequacy of information and advice when what was needed was more positive assistance. CABx [p120] were less likely than solicitors or all other advisers to provide direct assistance such as contacting the other side or negotiating on the respondent s behalf. They were also extremely unlikely to recommend threatening the other side with legal action or taking legal proceedings. Given the behaviour and intransigence of some opponents described by respondents in this chapter, it is unsurprising that by the time members of the public seek help they feel a need for active assistance and sometimes credible threats to be made. These matters are again relevant to the provision of advice and assistance under any future Scottish community legal service. ; [p209] In the absence of education or advice about rights and obligations, information absorbed via the media plays an important part in forming beliefs about legal rights and understanding of entitlement as a consumer, as a spouse, as a parent, as a victim. Such informal sources of information influence expectations of how easy or difficult it might be to secure the desired outcome and advisers have an important role to play in making expectations realistic and outcomes more acceptable. These findings raise questions about the extent to which those expectations are well informed and realistic. ; [p242] The evidence of qualitative interviews in the present study revealed some ignorance about the legal system and a widespread inability to distinguish between criminal and civil courts [p268] The evidence of this study has shown that despite efforts by members of the public to resolve their justiciable problems by means of self-help strategies and even after having enlisted the help of advisers, a high proportion of problems are abandoned without any resolution. Greater understanding about the law and greater certainty about the enforcement of legal rights and obligations in the civil context might have an impact on the behaviour of those who evade their responsibilities and obligations when the opportunity exists and when the likelihood of sanction is remote. The objectives of any Scottish community legal service are likely to include the provision Scottish Legal Action Group Page 5

6 of general legal information about the law and legal system and the availability of legal services, as well as providing advice and assistance in the resolution of disputes. In Scotland there have been welcome initiatives which have sought to tackle some of the problems. The In-Court Advisor projects in Aberdeen, Edinburgh and Glasgow are welcome. However the reported experience of those working in the courts where these projects operate are that they make little practical difference in providing effective representation for those who do not have a solicitor. Another recent initiative is the Citizen s Advice Scotland Project where one solicitor, funded by the Scottish Legal Aid Board, will deliver a second tier advisory service through training and support for CABx advisors from Caithness to Lochaber and from the Western Isles to Moray. The intention is that the solicitor will undertake direct casework for clients, focusing on employment law, and will develop referral mechanisms between the 10 project CABx and local solicitors. These and other local based initiatives are clearly welcome as being better than nothing. However they do not address the fundamental problems identified in a civil justice system which is not understood by the people it purports to serve, and which is seen as alien to their lives. In England developments in legal aid reform through the introduction of contracting and other changes have led to what is commonly described as legal aid deserts. There is no indication that similar changes are likely for Scotland. Nonetheless there is increasing anecdotal evidence that access to certain types of legal advice and assistance through the legal aid scheme are becoming more restricted. There are an increasing number of solicitors that are dropping out of doing legal aid work. Others are restricting the kind of work they take on. Obtaining funding for legal advice and assistance and legal aid work is also reported to be becoming harder, with complaints about the lengths that have to be gone through to persuade the Scottish Legal Aid Board about the merits of a case. There are clear signs in the statistics kept by the Scottish Legal Aid Board that there is a decline in the ability of people to access the civil justice system to resolve disputes, and that matters have worsened since Paths to Justice Scotland. SLAB s Annual Review shows that from the expenditure on civil legal assistance (which excluded cases involving children and contempt of court cases) was fairly level constant at just under 40 million. However payment levels to lawyers increased over that time. The number of cases where civil legal assistance was granted has fallen substantially over the same period, from 188,773 in down to 148, 962 in the year The Annual Report (published December 2005) shows that this trend has continued. The number of grants of civil legal assistance fell to 139,933, a further reduction of 7% on the previous year. The number of grants of civil advice and assistance fell by 7% to 128,944 (this is 23% lower than in ). The number of grants of legal aid fell by 11%. The number of applications of legal aid granted as a percentage of those made fell from 61% to 67%. Some of the longer term changes can be explained to a limited extent by factors such as procedural changes in how applications are made, requiring less application forms to be submitted. Other changes can be explained by the introduction of no fault divorce and the movement from funding of personal injury cases away from legal aid to nowin no-fee arrangements. However this does not satisfactorily explain the full extent of these changes. When account is also taken of the fact that within the same period there was a very large increase in the amount of work done relating to immigration, asylum and nationality cases (due to the Home Office policy of dispersal of asylum seekers) then the decreases in civil legal assistance look even more significant [for example, there were 6,257 grants of advice and assistance in immigration cases in PAGE 6 Scottish Legal Action Group

7 , an increase of 16% on the previous year]. A third factor behind the fall in the numbers of people receiving grants of legal aid are a fall in the numbers of people accessing a solicitor providing legal aid. This is despite an increase in Part V funding initiatives by SLAB which are designed to increase access to legal aid to those most in need. Whilst SCOLAG welcomes these specialist initiatives we do not believe that they are capable of providing a level of service that meets the potential need for legal assistance. Law Centres History The first full-time law centre in Scotland opened in There are currently 11 law centres in Scotland, with a number of other organisations also providing legal services to the public in their specialised areas. Location Local Law Centres: Castlemilk Law & Money Advice Centre; Drumchapel Law & Money Advice Centre; East End Community Law Centre; Ethnic Minorities Law Centre; Govan Law Centre; Legal Services Agency (Glasgow); North Ayrshire Law Centre; North Dundee Law Centre; Paisley Law Centre; West Dumbarton Law Centre Specialist Law Centres or Legal Services provision (not exhaustive): Enable; Scottish Child Law Centre; Shelter Scottish Housing Law Service; Scottish Refugee Centre; Equal Opportunities Commission; Disability Rights Commission; Save the Children Fund Travellers Project; Victim Support; LSA Mental Health Project (Edinburgh); LSA Homelessness Project (Inverclyde). What Are Law Centres And What Do They Do? Law Centres tend to be based in the more disadvantaged neighbourhoods of central Scotland and they provide legal services that reflect the particular problems facing the people living or working in that area. They are an additional provision of legal services, not a replacement for solicitors who do legal aid work. Almost all funding for Law Centres comes from the local authority where the centre is based, from contracts and project funding for particular initiatives, from fees earned through the provision of legal aid services or advice and assistance, or from the provision of legal education and training to advice services and the legal profession. Law Centres are members of the not-for-profit, voluntary sector and independent of their funding providers. This has from time to time caused problems, with anecdotal evidence of occasional bouts of frustration on the part of some local authority members following challenges to local authority decisions taken on by a local law centre. This has lead to threats to future funding and a sense that the development of law centres in Scotland is held back by a lack of support from local authorities. Law Centres - Specialise in social welfare law and related issues areas of law that tend to affect the most disadvantaged in our communities housing, debt, mental health, employment. Govan Law Centre receives funding to provide advice on education law throughout Scotland. - Aim to make the law accessible. They tend to operate from shop front premises in local neighbourhoods. They promote themselves amongst the local community and build up a local reputation. Scottish Legal Action Group Page 7

8 - Provide support to local groups and individuals. This may include legal advice on setting up a group and ongoing support on local issues. Advice and support services for other voluntary organisations can include how to set up a constitution, become a company limited by guarantee, comply with charity legislation, employment law problems, issues between that organisation and the local authority funding it. - Provide information about the law. They publish leaflets on subjects which are of the greatest interest to their clients. These are published in different languages to reflect the languages used in the local community. The leaflets are written in easy to understand language, explain legal jargon and technical terms where these are most commonly encountered, and are designed to make the information as accessible as possible taking into account special needs. Legal Services Agency is the largest single provider of training on social welfare law topics in Scotland. Law Centres promote social justice and aim to improve the lives of everyone living in the local area. They: Support local campaigns that promote social justice on issues such as damp housing, school exclusions, or immigration and refugee claims etc. Liaise with local authority officers on policies affecting local people, such as policies that may be introduced to reduce racial harassment or anti-social behaviour Provide advice, assistance and representation to the most deprived and isolated people in society. However they do not simply help individuals in need: they work towards combating deprivation and fight against the process and structures the barriers that cause people to become excluded. Tackling the underlying causes of problems has always been a high priority of Law Centres. They believe that this approach is the most effective way of combating and preventing the causes of social exclusion. Casework has an essential role to play in relieving and limiting the symptoms of social exclusion. Law Centres are constantly tackling cases that expose the worst consequences of social exclusion for the poor, deprived and powerless in our communities. Over the years, Law Centre advisers have used their legal skills to pioneer new areas of legal practice and expertise to deal with the issues most impacting on the lives of the communities they serve. Individual casework also allows Law Centres to gauge where things go wrong, to pick up on local trends, to identify where local policy or practice is breaking down or failing. Information extracted from casework can also be important in supporting policy work and campaigns. Many of the most disadvantaged in our communities go to Law Centres for help because - Law Centres work to improve social inclusion and encourage and support local people to make their voices heard. Law Centres speak on behalf of local communities and inform both local and central government of the effect legislation has upon local people. Law Centres promote equal opportunities policies. Community based law centres are accountable to the communities in which they are based - By people joining a Law Centre Management Committee. Members of the PAGE 8 Scottish Legal Action Group

9 Committee can include local people, representatives of local groups and the local authority. The potential exists as Law Centres develop for them to work more with volunteers. In England the Law Centres Federation have started a project, called LawWorks which is designed to assist lawyers who wish to volunteer in a Law Centre or advice agency, and non lawyers are also welcome. People are helped by getting things done. In this way those who are socially excluded can become socially included. In Scotland and England it is Law Centres which have led the way in getting things done to tackle problems which can be the cause of social exclusion. In June 2000, the Consumers Association survey of legal services found that in England, In terms of who provided quality advice, local and specialist community advice, Law Centres were considered the best. Unmet need There is no doubt however that there is significant unmet legal need. Detailed research into this was published in Paths To Justice Scotland, by Professors Genn and Paterson. Social exclusion is suffered most by those who have no access to advice and support on matters which most affect their lives. Problems of access are increasingly difficult as delivery of legal services becomes ever more formalised and distanced from the source of need. There is a trend to try to exclude lawyers from becoming involved in local authority and central government service provision, and for bureaucratic systems to be put in place to resolve potential disputes. The consequence is that it becomes more important than ever to have sound legal advice at the outset in order that the individual can enjoy the benefits and rights they are entitled to. One study which shows the significance of this is Cowan & Halliday, The Appeal of Internal Review (2004, Hart Publishing). An example of the bureaucratisation of dispute resolution in social welfare law subjects is the statutory procedure for making a complaint about how a local authority has discharged its functions under the Social Work (Scotland) Act This complaints procedure is provided for by Section 5B of the Social Work (Scotland) Act 1968 and the Social Work (Representations Procedure) (Scotland) Order 1990 (SI 1990/2519) The current procedures are regulated by The Social Work (Representations Procedure) (Scotland) Directions 1996 contained in the Scottish Office Social Work Services Group Circular SWSG5/1996. This procedure is virtually unheard of. A number of local authorities appear to be unaware of such a procedure, and very few have ever operated it. No local authority is known to publicise the existence of this complaints procedure, yet it is intended to be the main remedy for the public against decisions of local authorities. Some people may be unable to articulate their problems; others may not appreciate that their problem is capable of being addressed through having legal rights or remedies; others may not have the confidence that anything can be done to change their situation. Business, local authorities and the Scottish Executive look for the best advice they can get to fight their corner. Essential to an inclusion agenda is the need for community based resources to create the grassroots structures through which the most marginalised can find a voice and gain access to the same quality of advice and service. There are significant centres of population that do not have any access to the specialist services and approach developed by Law Centres. Those living in rural areas are even more isolated from such services. Ethnic minority communities, especially women, are also particularly badly served by existing advice service provision and the traditional legal aid solicitor s practice because these do not have either the resources Scottish Legal Action Group Page 9

10 or the knowledge to establish a basis of communication and trust which would encourage those who need help to come forward. Many of those most excluded do not know that they might have a remedy available to them and so do not even ask for help. Funding issues One of the main distinctions between an ordinary solicitor s practice and a law centre is that a law centre can spend time developing work which serves the needs of its community, whereas a solicitor carrying out ordinary legal aid has to work as quickly as possible through a caseload in order to generate sufficient income to pay for overheads. Ordinary legal aid cover can only support mainstream legal services. The comparative freedom of law centres to develop new practice areas and serve unmet needs has enabled law centres to carry out the research required to identify areas of need and how they should met. However the current funding of this work can be precarious. A recent example is LSA s Refugee Legal Project. 4 ½ full time posts are funded from 4 different sources. Glasgow City Council have advised that because of changes by the National Asylum Support Service/Home Office to the Council s arrangements with them, a 43,000 annual grant will not be renewed in the new financial year beginning April Those involved in the Refugee Legal Project are very appreciative of Glasgow City Council, and fully understand the reasons for its decision. But this example also highlights the precarious nature of specialist funding for individual projects. SCOLAG believes that instead of having a series of specially financed projects which help tackle widespread problems only in particular localities and subject to the vagaries of continued project financing, there should be an increase in mainstream funding in order to develop a series of community based law centres throughout the country with secure long term financing to develop relevant and responsive public legal services. Legal Education In order be able to make informed decisions about your rights as a citizen or in order to participate effectively in the justice system SCOLAG believes that members of the public require to be provided with the legal information they need to make such decisions and become actively engaged. A key objectives of any justice system ought to be that it is accessible, efficient and fair. Ensuring that the laws and the justice system are accessible is a cornerstone of democracy and is essential to the effective functioning of a legal system. Understanding how the legal system works and the basic concepts which affect their daily lives is important: People who have an informed understanding of the laws that govern them are less likely to be in conflict with those laws and the justice system that upholds them. People who come in contact with the system, whether as a potential litigant, an offender, a victim, a witness or as a potential juror - may not be aware of their obligations or where to get information about their situation. Information and education are important aspects of crime prevention. This is supported by research studies. Every member in a democratic society has a need and responsibility to be aware of their rights and responsibilities and of the rights of other members in that PAGE 10 Scottish Legal Action Group

11 society. Knowledge about the law can help people better identify the kind of legal advice or assistance they may require. Public legal information is not intended to replace the services of a lawyer where it is required, but often it is helpful to have information about the law in question, in addition to seeking advice. It therefore can act as a back up to those who do make use of available legal or advice services. Public legal education can provide people with the help they need to help themselves without the need to involve a lawyer. Having access to information about the law and how to access legal and social resources in the community can be especially important to people who are disadvantaged because of language, physical or economic well being, discrimination or other reasons. It helps empower people. This helps individuals and communities become effective agents for change and helps contribute to a more effective and inclusive society. Education and information can be delivered through a variety of activities and in a wide range of localities. Projects and activities include: Print and audio-visual materials about specific legal issues, such as divorce, child support and tenant rights. A good example in Scotland is the publication of materials under the Vulnerable Witnesses (Scotland) Act Phone lines staffed by people who provide legal information. These people would not provide advice on a particular legal problem, but could provide information in relation to the legal system and could direct people to places to go to get particular help. Taped legal information available by telephone. In Canada there is a Dial-alaw and Téléphone Juridique service. Speakers, seminars and workshops on specific legal topics aimed at the public, offered through adult education courses or as part of a public legal education and information service. School-based law courses. This would not require anything new but could be fitted into the curriculum. For example it would be readily possible for an Intermediate 1 or Intermediate 2 course to be offered as an option for fifth (or sixth) year pupils - and these courses are sometimes studied by third/fourth years as well - but there s also a need for it to be more generally taught to everyone, possibly as sections within social education between the ages of Many schools take part in national mooting competitions. For several years members of the Faculty of Advocates have organised MiniTrials for pupils at secondary schools in Kilmarnock and Edinburgh, where school, pupils take on the role of lawyers, court staff, witnesses and jurors. As well as building on skills the pupils learn in school to develop, gather, organise and analyse information and then apply those skills in a novel situation, they also get an insight into the legal system and how it works. This scheme was organised as a direct response to the finding in the Paths to Justice Scotland research about the widespread lack of knowledge amongst the public about the civil and criminal justice systems. Electronic access to legal information. Scottish Legal Action Group Page 11

12 Interactive learning modules. Television and radio programmes with strong and accurate legal content. The Canadian Government funds Public Legal Education and Information programmes because, in the words of the Department of Justice: The main goal of public legal education and information (PLEI) organizations is to create an informed citizenry that is knowledgeable about the law, able to recognize and exercise their lawful rights, fulfill their legal obligations, and perform their duties as participants in a democratic society. SCOLAG endorses those sentiments and believes that the promotion of an improved understanding of the law and the legal system benefits individuals and society. In accordance with the principals of democracy and justice we believe that the time is right to recognise the advantages for the people of Scotland that can be brought about by more widespread education of the legal system and legal rights and responsibilities. A look across the Border Law Centres After the Second World War the Rushcliffe Committee was asked to look at Legal Aid and Legal Advice. Early ideas in the Committee report included legal advice centres, but this idea was abandoned at the time with preference given to solicitors in private practice giving legal aid advice, and the subsequent passing of the Legal Aid and Advice Act There were a number of inherent problems associated with this early decision, which were becoming clear in England in the 1960 s. Over time it was recognised that access to legal help had decreased and that it failed to reach the very people it was designed to assist. Law Centres began as the failures in the Legal Aid Scheme became evident. The stimulus to establish new ways of providing legal services came partly from the rise of neighbourhood law firms in the United States in the 1960 s. The UK model was different as it placed more emphasis on local accountability to the community, community development and group work. The first UK Law Centre was established in London in By 1974 there were 15 Centres, ten of whom were in London. In 1974 the Labour Government not only endorsed the Law Centre model but gave grants to seven Law Centres who whose funding was being threatened at this time. There was a steady growth in numbers of Law Centres in England during the late seventies and eighties with peak in the early 90 s of 62 Centres. Funding has been a constant problem and some Centres have closed since then. In 1998 the National Lottery funded a development workers to expand the number of Law Centres. An Expansion Project was launched in 1999 and since then a number of new Law Centres have opened. The increase in the number of Law Centres is ongoing and is supported by central government policies on social inclusion and support from the Legal Services Commission. Law Centres Federation Rules for Membership In England, Law Centres have agreed ten minimum criteria for membership of the Law Centres Federation. A Law Centre must be: 1. Organised by an elected non-profit making voluntary body which ensures its accountability to the community and independence from funders, the professions and other non-consumer interests by constitutionally prohibiting them from PAGE 12 Scottish Legal Action Group

13 dominating decisions; 2. Implementing an equal opportunities policy and keeping its operation under review; 3. Serving a defined catchment area; 4. Employing an adequate level of staff to meet the needs of its locality, which will normally be at least six workers, two of them should be solicitors employed in accordance with the Law Society s Solicitors Practice Rules; 5. Providing legal advice and assistance at no cost to its users, with the capacity to pursue cases to the highest courts and tribunals, along with training, education and other forms of group work; 6. Working with oppressed people and groups to make them aware of what their rights are and how they can be used to improve their lives; 7. Committed to social action to combat deprivation and discrimination as an integral part of delivering legal services to the community; 8. Ensuring the proper reporting of Law Centre work to the Law Centres Federation, to enable the exchange of ideas, the furthering of Law Centre objectives and effective campaigning by the Law Centres Federation on behalf of the movement; 9. Co-operating with other groups where aims, objectives and practice converge; and 10. Striving as a member of the Law Centres Federation for change in unjust laws and the inaccessible legal system. All Law Centres pay an annual subscription to the LCF of 0.6% of their total income. Membership of the Federation entitles Law Centres to support and training, regular newsletters and participation in regional and national meetings and conferences. Legal Education The Causes of action: civil law and social justice research report of a study carried out by the Legal Services Research Centre (The Stationary Office, February 2004) found that nothing was done to solve one in five civil law problems. In a third of these cases this was attributable to those involved not understanding their legal rights or not knowing how to get help. Following that Legal Action Group, the Advice Services Alliance and the Citizenship Foundation argued that public legal education is a right. These organisations produced a discussion paper in September 2004 seeking responses by the end of The responses encouraged these organisations to call for a steering group to be set up to guide the development of a national strategy for public legal education. In December 2005 the Department of Constitutional Affairs announced that it was providing funding for a Public Legal Education Strategy Task Force under the chairmanship of Professor Hazel Genn, Professor of Socio-Legal Studies in the Faculty of Laws at University College London. The Task Force started work in January Its job over the next twelve months is to identify strategies to increase citizens awareness and understanding of their legal rights and responsibilities and develop the knowledge and skills needed to deal effectively with these problems. Scottish Legal Action Group Page 13

14 Scottish Legal Action Group Our aim is to promote equal access to justice. We do this by responding to consultations, holding conferences and publishing SCOLAG Legal Journal. To find out more about our work contact: Robert Sutherland, Advocate, Parliament House, High Street, Edinburgh, EH1 1RF The Scottish Legal Action Group a charitable company limited by guarantee. Company No , Registered Charity No. SC Registered office: 52 Crossgate Cupar Fife KY15 5JX