Civil Legal Aid
Feedback updated 30 Nov 2021
We asked
We sought people’s views:
On the Island's current Civil Legal Aid provision and the feasibility of alternative approaches in the future.
In particular:
- which aspects of Civil Legal Aid are considered to work well and should continue
- which aspects are considered not to work well and could benefit from improvement
- if any potential changes or alternative schemes could better deliver Civil Legal Aid in future
We were keen to hear from:
- Civil Legal Aid service users (past and present)
- Members of the public
- Members of the Judiciary & Courts
- Advocates who undertake Civil Legal Aid work
- IoM Law Society & membership
- Mediation providers
- Department of Infrastructure
- Department of Health & Social Care
- Department of Home Affairs, IoM Constabulary, IoM Prison & Probation Service
- Office of Fair Trading
- Local Authorities
- Charities
The consultation contained 21 sections and 84 questions, and respondents could answer as many or as few questions as they wished. The sections included two particular matters that had been raised with HM Attorney General, namely restraint proceedings under the Proceeds of Crime Act 2008 and HM Attorney General’s role in family proceedings.
Additional stakeholder engagement was undertaken through two workshops which were held with the IoM Law Society, and feedback was gathered from participants. Further workshops were planned with prisoners at the IoM Prison, but unfortunately this was not possible as a result of restrictions due to the coronavirus pandemic.
You said
We received 69 responses to the consultation. Views were expressed on a wide range of matters including:
- Civil Legal Aid
- Financial means test
- Legal merits test
- Personal responsibilities & financial contributions
- Statutory Charge
- Restraint proceedings under the Proceeds of Crime Act 2008
- Scope of Family Matters
- Family proceedings & the role of HM Attorney General
- Divorce & dissolution of civil partnerships
- Scope of Non-Family matters
- Tribunals
- Inquests
- Conditional Fee Arrangements - 'No Win No Fee'
- Self-representation
- Fixed fees
- Alternative Dispute Resolution
We did
We prepared a Civil Legal Aid Results & Analysis Report.
We also undertook a Criminal Legal Aid consultation at an earlier date and prepared a Criminal Legal Aid Results & Analysis Report.
Both reports were considered by HM Attorney General, and a Legal Aid Review Options & Recommendations Report was prepared for submission to the Legal Aid Committee which has responsibility for Legal Aid policy by virtue of s23(6)(a) of the Legal Aid Act 1986.
Overview
Consultation closing date extended to Thursday 21 May 2020
This consultation is part of a wider 'Legal Aid Review' project, which is being led by HM Attorney General on behalf of the Securing Added Value and Efficiencies ('SAVE') Sub-Committee of the Council of Ministers.
The project is being carried out in two parts to reflect both types of Legal Aid available in the Island, which are Civil and Criminal. This consultation focusses on Civil Legal Aid only. A consultation on Criminal Legal Aid was carried out last year, from 23 September to 21 November 2019.
The aim of the Legal Aid Review is to develop policy options for the sustainable provision of Legal Aid in the Isle of Man, which:
- Maintain or improve access to justice
- Support the delivery of quality services
- Provide value for money for the taxpayer
These policy options will be submitted to the Legal Aid Committee, which is an independent body responsible for Legal Aid policy in the Isle of Man.
Why your views matter
The purpose of this consultation is to seek people’s views on the Island’s current Civil Legal Aid provision, and explore the feasibility of alternative approaches in the future.
In particular:
- which aspects of Civil Legal Aid are considered to work well and should continue
- which aspects are considered not to work well and could benefit from improvement
- if any potential changes or alternative schemes could better deliver Civil Legal Aid in future
Your responses to this consultation will help us to further develop Civil Legal Aid in the Isle of Man. By considering the scope of Civil Legal Aid, eligibility criteria, and matters raised with the Legal Aid Office and HM Attorney General, we can seek to ensure that Civil Legal Aid funds are spent fairly and with better controlled costs.
Ultimately, the provision of Civil Legal Aid must be financially sustainable, provide access to justice, support the delivery of quality services, and ensure value for money for the taxpayer.
Who We Would Like to Hear From
We would like to hear from anyone who has a professional or personal interest in Civil Legal Aid matters, and in particular:
- Civil Legal Aid service users (past and present)
- Members of the public
- Members of the Judiciary & Courts
- Advocates who undertake Civil Legal Aid work
- IoM Law Society & membership
- Mediation providers
- Department of Infrastructure
- Department of Health & Social Care
- Department of Home Affairs, IoM Constabulary, IoM Prison & Probation Service
- Office of Fair Trading
- Local Authorities
- Charities
Paper Copies
If you wish to complete a paper copy of this consultation, there is a link to a printable version here.
Completed copies should be submitted on or before the closing date to:
Ms Joanne Hetherington
Attorney General’s Chambers
Belgravia House
34-44 Circular Road
Douglas
Isle of Man
IM1 1AE
Paper copies are also available for collection from Ground Floor Reception, Attorney General’s Chambers at the above address (Tel: 01624 68542)
What happens next
Responses to the Civil Legal Aid consultation will be analysed and summary of results will be published within 12 weeks of the closing date.
Areas
- All Areas
Audiences
- All residents
Interests
- Legislation
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