UCL CENTRE FOR ACCESS TO JUSTICE 1 A guide to Social Welfare Housing Education Employment Community Care Court of Protection Immigration & Asylum Criminal Family Human Rights & Civil Liberties Public Interest Law 2 Foreword The context of public interest lawyering in the UK has changed considerably over time yet has a deeply embedded history. Across the country there has long been a tradition of lawyers acting for those who cannot otherwise achieve access to justice. This might be due to lack of funds, lack of legal knowledge or a simple lack of faith in the justice system. For hundreds of years lawyers have also carried their causes through the courts and demonstrated the capacity to mobilise social movements for change. We know from the successful abolition of slavery in the 1800s to the miscarriages of justice cases in the 1970s and the many successful austerity challenges in recent years that there will always be work to be done. The public interest lawyering path is therefore well trodden and many radical and committed lawyers have paved the way for you. Despite challenging times it remains possible to pursue legal practice that advances social justice and adherence to the rule of law. The subject areas described in this booklet we hope will help guide you in your decision-making, and I am grateful to Adam Riley, Projects Coordinator at the CAJ for compiling these resources. The options open to you are diverse: you might choose to pursue work in a local or national charity; a national or international NGO; a local law centre linked to our formidable network of law centres across the UK; a legal aid law firm; or a set of chambers specialising in civil liberties. I have had the privilege to see many students go on to pursue engaging and fulfilling careers in the public interest during my time at UCL. I have also been fortunate through our networks in CAJ to teach and research alongside lawyers I consider to be the most tenacious and inspiring of our times. I encourage those of you interested in public interest law and with a passion for social justice to do your homework and seek them out. You will not fail to be disappointed by the richness of the work they do. Dr Jacqui Kinghan | Head of Teaching and Learning | UCL Centre for Access to Justice. 3 4 5 What is Legal Aid? Legal aid is government-funded legal support for people who are unable to pay for legal advice or representation. It comprises criminal legal aid for criminal cases and civil legal aid for non-criminal cases. Legal Aid was first established by the Legal Aid and Further, LAPSO replaced the Legal Services Advice Act 1949 as part of the meas ures taken by the Commission, an executive non-departmental body post-war Labour Government to extend the scope of that had previously held operational responsibility the welfare state. The Act had cross-party support for legal aid, with the Legal Aid Agency (LAA), an and built upon the recommendations of a committee executive agency of the Ministry of Justice. chaired by Lord Rushcliffe, a former Conservative MP, Since LASPO came into force, it has faced criticism which reported on the possibility of instituting public from a variety of actors, including members of the funding for legal advice and representation in 1945. legal profession, the judiciary and concerned voluntary The current civil and criminal legal aid schemes are sector organisations as a consequence of the cuts governed by Part 1 of the Legal Aid, Sentencing and to legal aid. Complaints include: that LASPO has Punishment of Offenders Act 2012, known as LASPO. compromised access to justice for vulnerable and Part 2 concerns litigation funding and costs; and marginalised communities; has rendered numerous Part 3 focusses on sentencing and punishment of areas of practice financially unviable; has led to the offending. The overall purpose of the legislation the creation of advice deserts in some parts of the regarding the Legal Aid regime was to: country; and that savings made by the Ministry of Justice have shifted costs onto other Government • Discourage unnecessary and adversarial departments, as without early legal advice problems litigation at the public expense; which could have been resolved early in their • Target legal aid at those who need it most; ges tation are left to spiral, with knock-on costs • Make significant savings to the cost of the to wider society. scheme; and • Deliver better overall value for money for the taxpayer The result was that Part 1 of LASPO caused legal aid to cease to be available in a number of legal practice areas. LASPO additionally tightened the financial eligibility criteria for obtaining legal aid in cases where it remained available, which had the effect of limiting access for certain claimants when compared with the previous Le gal Aid regime. 6 What do we mean by Public Interest Law? Public interest law loosely refers to legal practices undertaken to help poor or mar ginalized people, or to effect change in social policies in the public interest, often on a non-profit or pro bono basis. Public interest law cannot therefore be identified While the term ‘public interest law’ is commonly with a singular body of law or a legal field. Instead, used in the United States, there is no directly it stands for the advocacy of otherwise under- equivalent term in the UK. The closest analogue is represented or vulnerable individuals, especially those found in the practice of social welfare law, defined living in poverty. It has grown to encompass a broader as a broad umbrella term encompassing multiple range of activities which may run alongside public areas of law loosely united in focusing on serving interest litigation, including lobbying by civil society community rather than corporate needs. for human rights, civil liberties, women’s rights, consumer rights, and environmental protections. “My first pupil supervisor did lots of public interest work and I remember being hooked from the start. It became clear very quickly what a difference it makes for a vulnerable person having a skilled advocate representing their interests. From my own work – mostly pro bono at that stage – I learned that the highs from winning public interest/legal aid cases are pretty unbeatable. A small victory still keeps me smiling for days!” Katherine Barnes, Barrister, 39 Essex Chambers 7 8 Pro Bono What is Pro Bono? Pro bono is short for the Latin term “pro bono publico”, meaning “for the public good.” It involves lawyers and students giving up their time on a voluntary basis for people who need legal assistance, but are not in a position to get the necessary support. While pro bono generally means the provision of free legal advice, at UCL Laws not all pro bono projects “My initial interest was sparked by volunteering at assist people by providing legal advice. For example, my local law centre assisting fee-earners with housing Grassroots is a public legal education programme, and welfare benefits law. I believe this very much which teaches students in secondary school about the assisted me in securing a position as a housing importance of human rights, thereby providing them paralegal at a Tier 1 firm. I did however have previous with an insight into their rights, what studying law or work experience which I was able to evidence at other subjects is like at university, and what being a interview. As such, I would highly recommend being lawyer is like in reality. proactive and arranging any legal work experience you can to evidence your interest.” Pro bono projects differ greatly in what they offer Rishi Joshi, Trainee Solicitor, Hodge, Jones & Allen to both the volunteer and those who benefit from it. If you can choose the specific pro bono project you wish to become involved with, then you should base your decision on the area of law you are most interested in. For example, if you are interested in human rights law, you could become involved in schemes like Lawyers without Borders where you can engage in raising awareness of human rights issues at home and abroad. There is something available for everyone wishing to get involved, and you could even set up your own pro bono group! The CAJ has all the resources and expertise to help you turn your dreams of starting your own legal projects into reality. For more information, make sure to check out the CAJ website. 9 Why do Pro Bono? There are extensive and varied benefits to getting involved with pro bono work, the most important of which is the benefit it provides to society as a whole. However, pro bono also offers students at the start of their legal career a space in which to put into practice skills acquired at University in a real-world context. Working within a group can strengthen your team-working skills. Getting involved in the organisation and coordination of projects can also give you great opportunities to develop your leadership and influencing experience. Depending on the nature of the project, you might also develop other skills. For example, working directly with clients allows you to develop your client care and management experience, which can help you develop greater confidence. When you reach an advanced stage in your volunteering you may wish to move into representing clients at Tribunals with charities such as the FRU (the Free Representation Unit), which can provide an excellent means of developing your negotiation, drafting, advocacy and public speaking skills. Doing pro bono work is also an important means of demonstrating your commitment to social justice and public interest issues when applying for pupillage, training contracts, or other positions in the charity sector.