Ministers advise disability parents to use YouTube over lawyers
A YouTube video and telephone helpline released by the Ministry of Justice should render legal representation redundant in tribunals to determine the special educational needs of children, say ministers from the MoJ and Department for Education (DfE). The resources were created in response to research commissioned by the DfE, with the operation spearheaded by Justice minister Oliver Heald QC and the minister of state for vulnerable children and families, Edward Timpson. The report by the DfE discovered that the families of children with special educational requirements spent up to £55,000 on legal expenses when appealing decisions by local authorities on care statements and education health to tribunal. A joint response to the report from the DfE and MoJ stated that: ‘We want to ensure families and LAs […] attend mediation without additional legal support. Bringing an appeal to the First-tier Tribunal [Special Educational Needs and Disability] can be daunting…’. Now, to help struggling families in their navigation of the legal process, the tribunal has set up a telephone helpline and has created a video which has been made available on YouTube. The response is hoping to combat the lack of trust experienced by parents in a tribunal that should not require lawyers, but at which local authorities and schools often have legal representation, as highlighted by the report’s findings. The average cost of the legal proceedings to a family with representation was £6,300, with the lowest being £280. The report concluded that ‘parents […] who chose to use legal representation [and] paid legal costs […] viewed it as unfair that their taxes were also contributing to the costs incurred by their LA contesting the appeal.’
Judge warns of ‘cautionary tale’ of taking free solicitors’ advice
Lawyers should not fear giving their friends free advice but should still exercise caution, dispute resolution experts have stressed. This comes in the wake of a case in which an architect was found liable for free professional advice she gave to friends. A £265,000 claim was made by a London couple who are suing their friend for ‘negligent’ advice on a garden landscaping project. The Court of Appeal is due to give judgement in the coming weeks. The case, which was decided in favour of the claimants in the High Court, has worried professionals, especially as no legal contract was involved. The architect, Basia Lejonvarn, owed a duty of care to her friends of ten years and should have exercised ‘reasonable skill and care’ when providing professional advice, the court found in January. The case may ‘make people think twice’ about free advice, one report has said, but specialists counter that lawyers can cover themselves pretty easily. A principal lawyer at national firm Slater and Gordon, Nick Gee, said the extent of the defendant’s involvement was unlikely to be matched by a solicitor, including costing the project and assembling a team. ‘She went way beyond a chat in a pub or at a party. Of course, every solicitor has friends with legal issues from time to time. If you are giving [free] advice you should always couch it by saying “don’t rely on this”,’ he continued. But another lawyer, Susan Hopcraft of the Midlands firm Wright Hassall, pointed out that however informal the relationship was, the case hinges on whether the professional did owe her friends a duty of care. High Court judge, Mr Alexander Nissen QC, labelled it a ‘cautionary tale’ and pointed out that the lack of contract was not a protection from liability.
Old data obscures race bias in criminal justice
Old data makes understanding causes of racial bias in the criminal justice system difficult, a report by The Centre for Justice Innovation has concluded. This has created a ‘trust deficit’ for black and minority ethnic defendants, which could lead to them receiving more severe sentences as they are less likely to plead guilty. The report continues to say that perceptions of unfair treatment in the court makes BAME defendants more likely to reoffend. This includes increased likelihood that their cases will be heard in a Crown court, and the fact they are more likely to go to custody. Certain categories of crime show racial disparity. There are 141 black men in prison for every 100 white men, and 227 black women to every white women, when it comes to drugs offences. However, existing evidence on racial disparity highlights other significant data gaps. There is no publicly available data on magistrates’ court decisions around remand or plea rates that takes account of ethnicity and no publicly available data on legal representation and ethnicity at all.The work conducted on perceptions of fairness, though seminal in its day, is now relatively dated. It is not possible to know whether perceptions of BAME defendants have changed measurably in the intervening decade, as there has been no recent attempt to update it,’ says the report. The absence of data is ‘not an acceptable state of affairs’, says Ismet Rawat, president of the Association of Muslim Lawyers. ‘BAME defendants today are more aware of and more sensitised to discrimination. They are aware that they are far more likely to be stopped and searched, that they are far more likely to be charged, and that they are far more likely to be sent to prison than their white counterparts, and once there, far more likely to be discriminated against.’
Warning issued over fake firm posing as Linklaters
A warning to the public has been issued by The Solicitors Regulation Authority to look out for messages from an organisation pretending to be associated with magic circle firm Linklaters. The correspondence was allegedly sent from a Columbian company that erroneously described itself as an agent of the global firm. It has been reported by the SRA that the firm behind the letters, ‘AP & Asociados’, is claiming to be the Columbian outfit, yet there has been no proof that an engineering business bearing that name is affiliated. The letters carried the Linklaters name in the header and footnotes list the firm as the abbreviation ‘AP & P LLP’. The letters sent pertained to an alternative dispute resolution. Linklaters appeared in the email address and the firm claimed to be a representative of the company in the Caribbean and South America. The genuine company, Linklaters LLP, has sent out a confirmation that it is not connected in any way with the fake firm, its correspondence or the email address used to send it, and the SRA have confirmed that they do not authorise or regulate any company named ‘AP & Asociados’. People who have received these letters are advised to closely check their authenticity. They should use ‘reliable and established’ means to contact the law firm directly. Reports about fraudulent law firms have doubled since 2012 and now number over 700 every year, as reported by the SRA’s annual risk outlook in 2016/7. Just under half of all fake law firms involve the copying of identities of existing law firms by criminals. The SRA have set up scam alerts in order to raise public awareness of the problem and to urge anyone with suspicions to report the correspondence concerned.
‘Prisons must be responsible for tackling mental disorders’, MPs say
Tomorrow, parliament will commence the second reading of the prison and courts bill. This bill aims to enshrine the purpose of prisons in law, something that has never been done before. Pressure has been put on the government to address the poor mental and physical health states of prisoners by the Royal College of Psychiatrists, and a group of MPs have also written that ‘Prisons must be clearly responsible for tackling the mental disorders, which if left untreated, could cause prisoners to re-offend’. Just under a quarter of all of the UK prison population suffers from some kind of mental illness, including bipolar disorder, depression or multiple personality disorder. As one day most prisoners will eventually re-enter the community, any untreated mental illness will still affect them upon arrival, making re-offending much more likely. Therefore, prisons must take responsibility for treating these disorders in order to improve the quality of life of the prisoners and their future communities. The bill presents an all-important opportunity to prevent suicide amongst prisoners, improve rehabilitation techniques and reduce the chance of re-offending. Due to shocking poverty and deprivation levels and increasing levels of homelessness in many British cities and towns, England and Wales are now ranked as having the highest imprisonment rates in Europe. The unemployment benefit for single adults is only £73.10 weekly, which has decreased in value 1979 and has not improved since April of 2015. This amount of money is not capable of sustaining a pregnant mother and leaves her without healthy food and other essentials. These elements are cause poor nutrition in pregnancy and low birth weights, which in turn are thought to be the biggest causes of decreased learning capacities, poor performance in school, various behavioral problems and thievery. This research was carried out by the Institute of Brain Chemistry and Human Nutrition.
SBA-supported solicitors: one in four have poor mental health
According to data from the Solicitors Benevolent Association (SBA) charity last year, as many as one in four of their applicants suffer from mental health issues. Poor mental health was found to be the largest problem amongst claimants in 2016, according to a report on the SBA’s demographics. A sample of 167 approved applications from solicitors, former practitioners and their families was reviewed. Amongst the conditions cited by solicitors were depression, anxiety and PTSD, with the latter in some cases being a result of childhood trauma, sexual assault or domestic abuse. Another major health claim was sudden diagnosis of cancer and resulting treatment, either for the claimant or their spouse; this accounted for 12 per cent. Tim Martin, chief executive of the SBA, has commented that ‘for many of our beneficiaries, poor mental health and difficulties with personal finances are linked in a vicious circle. Being under financial stress is harmful to mental health. If you have mental health problems, it’s much harder to manage money.’ ‘Fortunately, SBA is in a good position to be able to help when people are finding it hardest to cope.’ By the end of last year, £1,159,700 had been paid out to the 167 applicants. 41 per cent were first time beneficiaries, resulting in a noticeable increase in those seeking help with financial hardship and support during career transitions. Two thirds of all applicants were under age 60, despite the common belief that the SBA is primarily targeted at the profession’s retirees and their dependant spouses. The average age was actually 56, with just under a third being aged between 51 and 60. ‘While it’s critically important to maintain the absolute confidentiality of everyone who approaches SBA The Solicitors’ Charity, it’s also clear that we hold a unique set of data about the people who need our help,’ Martin continued. ‘Over time, we will be able to monitor and measure any changes in trends and this will enable SBA to continue to meet existing needs as well as identify emerging issues.’
SDT hearings taking too long
Although cases brought before the Solicitors Disciplinary Tribunal (SDT) went down from 140 in 2015 to 133 last year, figures show that hearings now take twice as long on average, with two cases lasting ten days. Cases disposed of in half a day dropped from 28 to 18 in number. On the other hand, those taking a whole day to conclude rose by 61 percent, up from 45 to 74. Two-day hearings doubled in number from 13 to 26, as did four-day hearings, from 3 to 6. The longest case recorded took 10 days. In comparison, only a single case was heard over 11 days in 2015, and two more lasted 16 days. The tribunal’s latest annual report concluded that judges eventually sat for a total of 260 days in 2016, up from 185 in 2015 – an increase of 75. The increase in the length of proceedings paralleled an increase in associated costs. 2016’s approved budget would have seen a rise in gross expenditure of more that £800,000, up from £2,098,733 to £2,908,243. The figure includes a contingency of £55,000 and a £45,784 provision just to deal with the ABS appeals. Due to an anticipation of cases rising in number and complexity, the SDT budgeted remuneration increases of £143,909 for solicitor members, with £50,530 for lay members. Staff costs were expected to go up by £472,471, including national insurance, pensions and benefits. This brings the cost up from £622,815 in 2015 to £1,095,286 in 2016. The SDT now projects an estimated overall spend of £2,416,250, subject to a final audit that is expected to be published in June. This is an increase of £317,517 since 2015. Of the final total, actual staff costs now stand at £701,417, which includes a wage of £236,685 for five new employees (working out at roughly £47,337 each).
‘Unsafe’ Lancashire prison hides £40,000 drug trove
A Lancashire jail has been condemned by inspectors as the most violent they have visited in recent times. The report stated that levels of violence at the “very unsafe” Garth prison, near Leyland, were linked to a major drug problem. £40,000 worth of drugs were recently unearthed along with 350 litres – 616 pints – of alcohol over the Christmas period. This comes in the wake of a report made by a European human rights watchdog, the Council of Europe’s committee for the prevention of torture, that said none of the prisons assessed in Britain last year could be considered safe or secure for prisoners and staff alike. The committee also noted that the already “alarmingly high” official figures pertaining to violence in British jails still underestimate the true severity of the situation. Unfortunately, it is expected that further progress will be halted on the prisons and courts bill, first unveiled by justice secretary Elizabeth Truss, until after the 8th June general election. The bill is said to be the biggest overhaul of British prisons in a generation. In a report made by Peter Clarke, chief inspector of prisons, on the Garth prison and that of Lancashire jail, it is noted that both had rapidly deteriorated in the last three years. Lancashire jail holds 800 male inmates mainly convicted of serious sexual or violent offences. During a February inspection, officials found that levels of violence had skyrocketed, fuelled by many drug, gang and debt-related incidents. Around two-thirds of the prisoners told the inspectors they did not feel safe. Aside from sex offenders, 85 additional prisoners had to be held separately due to fears for their safety. A number of prisoners would not even leave their cells due to the tense and menacing atmosphere pervading the prison corridors. “The prison was one of the most unsafe we have been to in recent times. Violence and drugs dominated the prisoner experience. A new governor and deputy governor were appointed immediately,” Clarke said.
Will snap poll bring a new lord chancellor to the Ministry of Justice?
Even during a period of repeated political upheaval, four lord chancellors in just over two years is extremely unusual. Should the PM succeed in her goal of getting an increased majority, the title may be handed over yet again. According to speculation within the profession, Elizabeth Truss is likely to be replaced during the reshuffle by someone with greater legal knowledge, though it has not been confirmed. Barrister and current minister of state Sir Oliver Heald is likely one of May’s top picks, but there are many other options. Nicky Morgan could potentially be returned to her solicitor roots, or there is ex-junior minister Shailesh Vara, who had to carry the burden for many unpleasant announcements during the Grayling era. Younger options include Obiter’s friend Alberto Costa, who could easily get his foot in the door of ministerial affairs. Finally, sixty-year-old former attorney general Dominic Grieve may still be in with a chance. Should Labour take the governmental reins, the job would most likely fall to Shadow Richard Burgon, though presumably former director of public prosecutions Sir Keir Starmer also has a fighting chance. Baroness Chakrabarti of Kennington and Jeremy Corbyn are also contenders, albeit slightly less likely ones. With the election set to go ahead on the 8th of June, it’s anyone’s game.
Anuja Dhir: first non-white circuit judge at the Old Bailey
After a career that began with hairdressing advice and often being mistaken for a defendant when she first entered the judiciary, Anuja Dhir is now the first non-white circuit judge to sit at the Old Bailey. As she took up her new role, Dhir revealed the struggles that came with being an Asian, female barrister at the start of her career. “I got used to turning up at courts and people saying to me ‘Witness?’ – no – ‘Defendant?’ – no; and looking rather surprised when I said I was the advocate,” she has said. On one occasion, she was even asked to show her wig and gown before security allowed her into the courtroom. “Added to that, most clients did not want a young, Asian, Scottish female representing them, so that made it harder for me to build a client base,” she continued. The tables have now turned, and many defendants will now want to be in Dhir’s good books as she dons the robes of a circuit judge at the Old Bailey. She is not only the first non-white person but also the youngest to ever fill the role. It was a difficult path for her as a dyslexic Dundee schoolgirl, the 49-year-old has admitted. Teachers initially advised her to stick with hairdressing. When she was first called to the bar in 1989, most barristers were white men from public schools who already had “some connection” to the profession. “My daughter, it would never cross her mind being treated differently because she’s a female or because she’s not white, whereas in my generation we did,” she has commented. “We were surprised when people didn’t treat us differently. Not now, but when I came to the bar, I was not expecting to be treated like a white Oxbridge male at all. I’m often asked if there is a glass ceiling. I think sometimes there are two ceilings – or no glass ceiling at all. There is one glass ceiling that’s in our minds, that’s what we think we can achieve, so perhaps we impose our glass ceiling and that has happened to me several times.”
