Open AccessImproving Access To Justice Through Legal Aid: Exploring The Possibilities Of ‘Exceptional Case Funding’ Clinics In University Law Schools
Author(s) -
Emma Marshall
Publication year - 2021
Publication title -
international journal of clinical legal education
Language(s) - English
Resource type - Journals
eISSN - 2056-3930
pISSN - 1467-1069
DOI - 10.19164/ijcle.v28i1.1128
Subject(s) - economic justice , law , political science , legal education , legal research , agency (philosophy) , government (linguistics) , context (archaeology) , state (computer science) , scope (computer science) , work (physics) , legal profession , legal opinion , sociology , public administration , public law , private law , black letter law , engineering , mechanical engineering , paleontology , social science , linguistics , philosophy , algorithm , computer science , biology , programming language
This article focuses on the role of universities in establishing law clinics to assist individuals to make Exceptional Case Funding (ECF) applications. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) removed many categories of civil matters from the scope of legal aid, reducing the number of people entitled to state-funded legal advice and assistance. To replace provision for the categories removed from scope, LASPO introduced ECF to provide a ‘safety net’ for cases where human rights would be breached if legal assistance was not available. To obtain legal aid through the ECF scheme, legal aid providers or individuals must apply to the Legal Aid Agency, the department of government within the Ministry of Justice that deals with the administration of legal aid. The article considers how analysis of ECF clinics can contribute to knowledge about the work of universities in facilitating access to justice through clinical legal education, particularly in the context of cuts to legal aid expenditure. It argues that ECF clinics present an opportunity to involve students while engaging — rather than replacing — the responsibility of the British state to provide legal aid.