Should the Government remove Legal Aid funding for prisoners suing the prison system?

No, Mark Gettleson, campaigns and communications manager, Howard League for Penal Reform

Prisoners’ access to Legal Aid has already been restricted to prevent frivolous claims following a review in 2010 by the Legal Services Commission.

Curtailing it further risks a collapse in justice in the very place where it should be paramount – within prison walls, where public scrutiny is far more difficult.

Legal claims by prisoners raise important issues. The misuse of solitary confinement can make mental health problems worse and lead to lost lives.

An internal complaints system is no replacement for external scrutiny by the courts, and we know from our experience that the Prisons and Probation Ombudsman has struggled previously to deal with referrals in a timely manner.

Most worryingly, the withdrawal of funding for resettlement cases for children will consign boys and girls to the streets or hostels, exposing them to untold dangers and leaving them more likely to resort to crime.

The Government’s proposal is profoundly unfair, terribly misconceived and will come at a terrible price to society and, in the longer term, the taxpayer.

 

Yes, Chris Grayling, Justice Secretary and MP for Epsom and Ewell

Taxpayers have been paying millions of pounds every year supplying lawyers for prisoners to bring unnecessary legal cases. This is clearly wrong and is the kind of situation which undermines public confidence in the whole legal aid system.

The majority of these prison complaints can and should be dealt with through the prison service’s complaints system. Typically, we are talking about issues where a prisoner appeals against the category of prison in which they are held – typically arguing that they should be in a less secure one – or a decision to move them to a different section within a prison, or grievances about visits or correspondence.

All prisoners have access to this internal complaint system, which has a clear set of procedures and regulations to fairly hear cases. Even if this has been exhausted a prisoner can refer an issue to the Independent Prisons and Probation Ombudsman for consideration. In most cases prisoners do not require legal advice to use these processes. A publicly funded lawyer is just unnecessary.

Legal Aid will still be available for serious matters when a prisoner’s liberty is at stake. We believe our proposals will save taxpayers about £4million and reduce legally aided cases brought by prisoners by about 11,000 a year.