Evaluate the extent to which the cuts to legal aid made through the Legal Aid, Sentencing and Prevention of Offenders Act 2012 (LASPO) impacted on access to justice in England and Wales.

Question 1

Outline your own views on whether the cuts to legal aid under LASPO were necessary.

(85 marks)

Question 2

Choose a topic you have learned about between units 11-16. Outline whether your views have changed because of what you have learned. Did you have an emotional response to the topic? If so, what was it? Outline whether what you have learned might cause you to think or do things differently in the future.

(15 marks)

Please ensure that you read the learning outcomes and the advice given for these questions.

Sample Answer

Question 1: LASPO and Access to Justice 

Introduction

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) brought major changes to the legal aid system in England and Wales. One of its key aims was to reduce public spending on legal services. However, it has been widely criticised for limiting access to justice for many vulnerable people. This answer explores the impact of LASPO on legal aid and access to justice, then shares my personal view on whether the cuts were necessary.

What LASPO Changed

LASPO came into force in April 2013. It significantly reduced the areas of law covered by legal aid, including:

• Family law: Legal aid was removed for most private family matters, such as divorce and child contact, unless domestic abuse could be proved.

• Welfare benefits: Legal aid for benefit appeals was removed, even in complex cases.

• Employment and housing: It was cut in many situations, leaving people to deal with disputes or eviction without professional help.

Legal aid is now only available for cases involving domestic violence, risk of homelessness, or serious abuse.

Impact on Access to Justice

1. Increased Self-Representation (Litigants in Person)

Since LASPO, more people are representing themselves in court. These are called litigants in person. Courts have reported that this slows down cases, increases costs, and places extra pressure on judges. Many people struggle to understand legal procedures and paperwork.

2. Impact on Vulnerable Groups

Many vulnerable people, such as victims of domestic abuse, migrants, and people with mental health conditions, have been badly affected. In family courts, some victims have even had to face their abuser in court due to the lack of legal representation.

3. Legal Aid Deserts

There are now areas in England and Wales where no local legal aid providers exist. This is often referred to as a legal aid desert. Rural communities are especially affected. People are sometimes forced to travel long distances to find a solicitor, which is not always possible if they have no money or support.

4. Charities and Advice Centres Overloaded

Citizens Advice and other free legal help services have reported a massive increase in people needing help since LASPO. These organisations are often overstretched and underfunded, meaning not everyone can get the advice they need.

5. Justice Denied

There is a well-known phrase: “justice delayed is justice denied.” Under LASPO, many people have simply given up trying to get justice because they cannot afford a lawyer or cope with the stress of handling it alone. This goes against the principle that everyone should have equal access to the law.

Were the Cuts Necessary? My Opinion

While I understand the government wanted to reduce spending, I believe LASPO went too far. The justice system must be fair and open to everyone, not just those who can afford it. The savings made from LASPO are relatively small compared to the overall cost of the justice system. The long-term damage it has done, increased court delays, injustice, and pressure on public services, outweighs the short-term savings.

Some changes, such as reducing unnecessary legal aid in simple disputes, may have been reasonable. However, removing support for complex and sensitive areas like family and immigration law has caused harm.

In my view, the cuts were too harsh, and the government should invest more in ensuring basic access to legal support for all citizens, especially the most vulnerable.

Question 2: Emotional Reflection on a Topic from Units 11–16

Topic: Death Penalty

One topic that strongly impacted me was the discussion on the death penalty. Before studying the unit, I believed the death penalty could be justified in extreme cases like terrorism or murder. However, after learning about wrongful convictions, racial bias, and the psychological effects on both prisoners and those carrying out executions, my view changed.

Change in Views

I now believe that the death penalty is deeply flawed and should not be used. I was shocked to learn how many innocent people have been sentenced to death, and some even executed, especially in countries with weaker justice systems. The finality of the death penalty means there is no chance to correct a mistake, which feels morally wrong to me now.

Continued...