Our response to Proposals for the Reform of Legal Aid in England and Wales

Emailed to The Ministry of Justice before the deadline for submissions today at 12 noon

ACT NOW (Autism campaigners Together) is an organisation with over 8,000 supporters in the UK. It exists to promote the well-being of individuals with autism and oppose actions which might damage their well-being.

This communication is from ACT NOW and refers to the areas of the consultation paper of direct relevance to our supporters.

1.    Please find below

1. Our response to the consultation
2. The paragraphs in the consultation document of most relevance to those with autism.

You will note that our response is not in the form of comments on individual questions. We believe our concerns include issues which are not conducive to being ‘fitted’ into the framework set by the Department.

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ACT NOW RESPONSE

1. People with autism have great difficulty in communicating and socialising and in particular can have difficulty in understanding the context of the written and spoken word.  For these reasons they form a vulnerable group.
2. Free advice should be available to people with autism to prepare for tribunal hearings
3. Entitlement to legal aid should be available to enable individuals with autism to be represented at tribunal hearings and any appeal to the Upper Tribunal.
4. Legal aid should continue to be available at any hearing relating to the education of children with autism.
5. The proposed call-centre system will be of no value to autistic people.
6. The proposal that other sources of information/advice will be available is a nonsense given the cuts being made by Charities and Citizens Advice Bureau's.

ACT NOW Letter via email to Ed Miliband (Leader of the Labour Party)

Dear Mr. Miliband

I am writing on behalf of ACT (Autism Campaigners Together) NOW.  We are a campaign and pressure group and have no political affiliation.  Importantly, we are not a charity and therefore are not constrained by the rules relating to charities when it comes to campaigning.

Our members and supporters overwhelmingly are people affected by Autistic Spectrum Condition (ASC) or parents and carers of children and adults with ASC.  We are on the frontline 24/7 and collectively have a pre-eminent knowledge and understanding of the practical issues those with ASC or their parents and carers face.

ACT NOW was born in July 2010 from concerns regarding the anticipated cuts in the Comprehensive Spending Review. An Impact Assessment Report was published by ACT NOW in October 2010 (report attached) based on 2,943 pieces of evidence received from parents, carers and adults with autism. We currently have over 7,500 named supporters for the ACT NOW Campaign and our number of supporters is growing daily.

We understand that the Labour Party wishes to re-connect with people.  ACT NOW is a frontline group who is connected to its supporters at grass roots level. While we do not provide any direct services we are the genuine voice of those in our communities disadvantaged through autism.

We are asking you to enter into a dialogue with us, not only in respect of our current concerns about the actions of the present government (and it has to be said the previous Labour administration), but also in the formulation of the Labour Party’s policies for the future.

Our current concerns include:

·         That there continues to be a frightening lack of understanding and expertise about autism spectrum conditions and how they impact on the lives of those with the condition and their families.

·         The unsatisfactory Autism Strategy and the inadequate, woolly Statutory Guidance for local authorities and NHS organisations published by the Department of Health in December 2010

·         The cuts being implemented by local authorities across a range of services which are impacting severely on the health and well-being of people affected by ASC and their families.

·         The process surrounding Work Capability Assessment (WCA) and Employment & Support Allowance (ESA). We have clear evidence that those making the assessments have little understanding of autism and the impact autism has on the ability to hold down a job. We are aware in one area alone 11 adults with Aspergers Syndrome have all been declared fit for work after being assessed by an ATOS professional.

·         Plans to withdraw Legal Aid for individuals wishing to appeal to Tribunals or the Upper Tribunal.

·         Lack of representation as a group of people with a complex disability. We are aware that there are no autism specific groups or charities working collaboratively with the Department for Work and Pensions who are currently consulting regarding the abolishment of Disability Living Allowance which will be replaced by Personal Independent Payment. 

Many of our supporters are literally sick with worry and foreboding at what the future holds for them. 

We hope the Labour Party shares our concerns and are willing to work with us to ensure a better life for those our organisation has been formed to support. We would like to meet with you and/or your Ministers so that we can enter into an open and meaningful dialogue with you and your party.

Yours sincerely

Carole Rutherford

Campaign Manager

For & On Behalf of ACT NOW (Autism Campaigners Together)

Benefit Assessment Advocates/Communicators for EVERY adult with ASC

We MUST start fighting for advocates/communicators for every adult with an ASC who has to have a benefit assessment. We MUST do this because we MUST remember that this Government has not ruled out children having to have these assements too. We have yet to receive a response to our letter of 13th December from Chris Grayling MP seeking clarification on what is included in the autism training modules that have been developed by ATOS and the DWP.

In the News. Benefits advice to be slashed – with little resistance - 23 November 2010

The coalition’s plans to end legal aid for many areas of law, including welfare benefits, have so far met with a muted response. This is in spite of the havoc it is likely to cause to both claimants and the advice sector, where many agencies may shrink drastically or close down altogether.

The Proposal for the Reform of Legal aid in England and Wales green paper was published on 15 November. In it, the coalition sets out its plans to slash legal aid for the poorest in society. Amongst the plans is the removal of legal aid for:

•debt,
•education,
•employment,
•housing,
•immigration,
•welfare benefits.

Anyone with capital of £1,000 or more will have to pay a minimum of £100 towards their legal aid fees, and higher contributions will be expected from those who currently contribute to their legal fees.

The cuts, if they are introduced, may see the few solicitors firms still offering affordable benefits advice pulling out. Independent advice agencies and law centres may also be particularly vulnerable.

Many Citizens Advice Bureaux (CAB) also rely heavily on legal aid to fund advice staff as well as admin workers and management. This is particularly the case in relation to welfare benefits, debt and housing. The political repercussions of hundreds of CABs closing would be severe and would also lead to rapidly increasing caseloads for MPs constituency offices, which increasingly get involved in benefits issues.

As a result the coalition has already hinted that a new way of funding Citizen’s Advice Bureaux will be found.

However, if the funding arrangement involves millions of pounds being given to the national Citizens Advice body to distribute to individual CABs, this could dramatically alter the nature of what have always been fiercely independent local charities. Funding is also likely to come with strings attached which may reduce the ability of bureaux to support benefits claimants in relation to appeals, for example.

The proposed legal aid cuts have met virtually no opposition from the labour party, which has admitted it planned to slash legal aid too. Nor has there been, as yet, any organised response from the advice sector. A campaign to ensure that everyone is treated fairly under the law, Justice for All, has recently been formed and a website set up by a coalition of agencies including:

•Law Centres Federation
•Advice UK
•Citizens Advice
•Unite
•Legal Action Group

Visitors are urged to join Justice for All and have their name displayed on the website. Unfortunately, no information is given about what practical campaigning activities Justice for All is actually undertaking.