England: Serious access to justice problems in discrimination cases come under scrutiny

Following changes to legal aid in 2012, funding for most discrimination cases can only be accessed via the Legal Aid Agency’s telephone gateway (CLA).

Evidence suggests that, following the introduction of the gateway, provision of initial legal aid for discrimination cases dropped by nearly 60 per cent.

Since 2015 the number of discrimination cases referred to CLA specialist advisers has continued to fall, from 3,558 in 2014 to 2015 to 2,608 in 2016 to 2017.

Despite the CLA operator service dealing with over 18,000 discrimination cases since 2013, only 16 people were referred for face-to-face advice between 2013 and 2016, and none at all were referred for face-to-face advice in 2016 to 2017.

Research also suggests that this gateway is not always accessible for disabled people and those with limited English language skills.

There are also concerns about the effectiveness of CLA. In 2013 to 2014 only four cases were recorded as having received an award from a court or tribunal.

This low number of successful cases suggests that even those who do receive legal aid may not always get the help and representation they need to get effective access to justice.

David Isaac, chair of the Equality and Human Rights Commission, said: “When anyone has been wronged or victimised, it’s crucial that they know about their legal rights and have access to advice and support to get justice. Access to justice shouldn’t only be available to those who can afford it.

“I am concerned that the number of people now accessing legal aid for discrimination cases has dropped so significantly. I have real concerns that there may be significant barriers which prevent people from securing access to justice. It is essential that the justice system works for everyone and, as the enforcers of the Equality Act, the Equality and Human Rights Commission is ready to use its powers to examine whether things are going wrong and how they can be improved.”