This part looks at how people access justice in Wales, as well as the general make-up and regulation of the legal profession.
Access to justice is one of the key foundations of the UK’s constitutional principle of the Rule of Law (A Welsh Constitution II: Our Current Constitution). People and organisations can’t have a fair hearing if they’re unable to access the right legal advice and advocacy.
That advice is often expensive and time-consuming. For anyone who can’t afford legal advice or representation, legal aid (administered by the Legal Aid Agency) was set up to fund that work – mainly focused on criminal cases, with separate schemes in place for civil cases. Legal aid funds advice, representation (in police stations and courts) and any relevant or qualifying negotiations.
As a result of austerity measures by the 2010-2015 Conservative-Lib Dem UK Government, funding for legal aid has been slashed. According to the Thomas Commission1, between 2011-12 and 2018-19 spending on legal aid in Wales fell from £114million a year to £80.1million in cash terms – a cut of 29.5% and much higher than the equivalent 19.1% cut in England (the figures are before inflation/not real terms).
Eligibility criteria also changed concerning civil cases. This meant, for example, that legal aid could only be claimed in custody cases if there’s a threat of domestic violence2. The Public Defender Service – full-time salaried solicitors and barristers hired to represent and advise people without their own representation – now only usually continue cases beyond the police station if clients meet legal aid requirements.
The changes resulted in a 35% drop in the number of solicitors in Wales carrying out civil and family legal aid work. There was a knock-on impact on the non-profit sector – which is often left to pick up the slack – with an 89% reduction in the number of non-profit organisations doing similar work. Many people are now opting for the last resort of representing themselves in court (known as litigants in person).
One of the main providers of free independent legal advice is Citizens Advice, which started in the 1930s as a government-backed advice service but now operates as a charity. Most Welsh towns have an office and there’s an administrative centre in Cardiff. Citizens Advice receives around £8million annually from the Welsh Government as of 2021-22. Shelter Cymru also offers a lot of free legal advice concerning housing law.
Most law schools have free/pro bono legal advice centres run by a mix of law students and qualified professionals – some prominent examples in Wales being the University of South Wales’ Legal Advice Centre, Swansea’s Law Clinic and Cardiff Law School’s Innocence Project.
According to the Thomas Commission3, in 2019 a higher proportion of legal work undertaken in Wales was related to property and estates when compared to England. Criminal, family and legal work related to children was generally at higher rates than in England too. Rates of immigration (the generally lucrative) commercial and general litigation/lawsuit casework were lower than in England.
1: Commission on Justice in Wales, (October 2019). Justice in Wales for the People of Wales, p94-95. Available at: https://gov.wales/sites/default/files/publications/2019-10/Justice%20Commission%20ENG%20DIGITAL_2.pdf
2: BBC Wales, (13th March 2014). “Legal aid changes deny access to justice, says Law Society”. Available at: https://www.bbc.co.uk/news/uk-wales-26557241
3: Commission on Justice in Wales, (October 2019). Justice in Wales for the People of Wales, p391-393. Available at: https://gov.wales/sites/default/files/publications/2019-10/Justice%20Commission%20ENG%20DIGITAL_2.pdf
