Accessing social justice in disadvantaged communities: dilemmas for Law Centres in the context of public service modernisation Professor Marjorie Mayo Gerald Koessl Matthew Scott Imogen Slater March 2012 Dedication To the memory of Julia Burdett, who sadly died before she could complete her work on this research project, and to all those who continue to strive for Justice for All. Acknowledgements We should like to express our warmest appreciation and thanks to all those who have participated in this research, giving so generously of their time despite all the other pressures on them over this period. In particular we should also like to thank our Advisory Committee members who were an invaluable source of advice and support throughout the project. The Law Centres Federation was an invaluable source of assistance too. And special thanks are due to those who very kindly gave detailed feedback on an earlier draft of this report. We should also like to acknowledge the administrative support that we have received from Goldsmiths. Finally and most importantly we should like to thank the Leverhulme Trust for their unfailing support including their flexibility in responding to the difficulties arising from staff sickness during the course of this research. 2 Contents Glossary 4 Executive Summary 7 Introduction: Accessing social justice in disadvantaged communities 12 Chapter One: Social justice and the Welfare State 22 Chapter Two: Access to justice, Law Centres and pressures for welfare reform 30 Chapter Three: Law Centres and their ethos and values 38 Chapter Four: Challenges and dilemmas for Law Centre staff and volunteers following the Carter reforms 51 Chapter Five: Public service modernisation, restructuring and re-commodification 64 Chapter Six: Conflict and competition versus collaboration and planning 78 Case Studies 92 Chapter Seven: Public service modernisation, re-commodification and time: time pressures, time wasted and time valued 103 Chapter Eight: Alienation and demoralisation or the social reproduction of continuing labours of love? 113 Chapter Nine: Access to social justice for disadvantaged communities: issues of value and values 129 References 138 Appendix 1 Questionnaire Appendix 2 Law Centres included Appendix 3 Topic guides 3 Glossary ASA Advice Services Alliance Best Value Introduced in England and Wales in 1999 by the Labour government, a policy to improve local services in terms of both quality and cost, seeking continuous improvement, and combining economy, efficiency and effectiveness Carter Reforms Reforms proposed by Lord Carter (2006) and implemented 2007, focusing on changes to legal aid as explained in chapter two CAB Citizens Advice Bureau Commissioning The process by which government departments and local authorities secure their services, usually done through a legal procurement process Commodification The assignment of economic value to something not previously considered in economic terms CLACs Community Legal Advice Centres CLANs Community Legal Advice Networks Decommodification In this context the protection of citizens from market forces (associated with welfare state services provided on the basis of need rather than the ability to pay) De-professionalization A 'condition' in which autonomy—a defining characteristic of a professional—is lost by a professional Fixed fees A fixed price for each piece of work in contrast to legal charges accruing according to time spent Human Rights Act (1998) An Act of Parliament of the United Kingdom which "gives further effect" in UK law to the rights contained in the European Convention on Human Rights LCF Law Centres Federation Law Society The representative body for solicitors in England and Wales LAG Legal Action Group Legal Aid Government funding to help with the costs of legal advice for people who cannot afford it LSC Legal Services Commission 4 LGA Local Government Association LSP Local Strategic Partnership Management Committee The committee with responsibility for providing strategic direction to Law Centres (usually made up of some combination of community representatives and those with relevant professional skills). Management Committee members may also be trustees (see below) although they may not all have the specific responsibilities associated with being a trustee Means test A determination of whether an individual or family is eligible for help from the government based on income and related assets MoJ Ministry of Justice Modernisation The government's strategy to reform and update public services NHS National Health Service Neoliberalism A contemporary political philosophy advocating economic liberalization, free trade, open markets, emphasising the role of the private sector NEF New Economics Foundation NPM New Public Management: an approach prominent since the 1980s, that market oriented management of the public sector will lead to greater cost- efficiency New Right Developed in the UK in the early 1980s, as a strand of Conservatism, also associated with Thatcherism (Margaret Thatcher) PLE Public legal education equips people with knowledge and skills to tackle law-related problems Pro bono Pro bono publico translates from Latin as ‘for the public good’: in the legal profession this term refers to lawyers providing services free, on a voluntary basis, to those who are unable to afford them 5 QC Queen’s Counsel, lawyers appointed by letters patent to be one of her Majesty’s Counsel SROI Social Return on Investment; a principles-based methodology for measuring extra-financial value, including environmental and social value not currently reflected in conventional accounting Stakeholder A person, group, or organization that has direct or indirect stake in an organization, partnership or similar endeavour Taylorism Named after Frederick W. Taylor (1856-1915) – aimed to introduce greater time-efficiency into the production of goods by breaking down tasks into a set of smaller tasks that could be performed by any worker regardless of skills at higher speed and reduced cost. This was done by redirecting the control and management of time away from workers into the hands of management, which left workers with less control and autonomy over the rhythm and timing of their work. Trades Council An association of labour unions or branches in a given geographical area Trustees The name that charity law uses to define the group of people who have ultimate responsibility for an organisation that is a recognised charity: they may also be called the Management Committee, Directors, the Executive Committee, etc. Unified Contract The Unified Contract for civil legal aid providers (2007) replaced the General Civil Contract and Family Mediation Contract. It brings conditions for not-for-profit advisors into line with solicitors who carry out civil legal aid work VCS Voluntary and Community Sector 6 Executive Summary The research explored the impact of public service modernisation agendas as these were being experienced by public service professionals and volunteers engaged in Law Centres. Law Centres were providing front-line advice to individuals and communities in disadvantaged areas, information and advice services that have been identified as centrally important to public service modernisation agendas, as governments have been aiming to shift the balance of power and accountability away from public service providers towards more active and informed citizens and service users. Were these policy agendas facilitating the development of more effective, more accountable services? Or conversely were they being experienced as de- motivating and demoralising, potentially undermining the occupational values and identities of those involved? More specifically the research also aimed to identify the ways in which these changes were being addressed, what strategies were being adopted to manage competing pressures and demands whilst maintaining professional ethical standards. There are potential implications here for debates on the future of the public service ethos, more generally. The first stage of the research consisted of a postal/electronic survey of 107 Law Centre staff, volunteers and management committee members and trustees. This survey was followed up with two rounds of interviews, 112 interviews in total, the first round being with Law Centre staff and volunteers (including management committee members and trustees) and the second round being with other stakeholders, including local authority officers and councillors and representatives of other advice agencies. Including the views of other stakeholders gives added weight to the research’s conclusions about the value of Law Centres, as well as the values of those who work in them. Chapter One: Social justice and the Welfare State Before exploring the role of the law, and access to legal advice and advocacy, this chapter steps back to examine the framework of earlier debates on social justice, social citizenship and the establishment of the Welfare State. Access to justice was central to these debates on social welfare, emphasising rights as well as obligations, and the pursuit of social justice agendas. Over the years, however, public services have come under scrutiny, as successive governments have set out to shift the balance in favour of increasing the scope of private market mechanisms. This chapter concludes by summarising recent debates on the implications, including the possible implications for the public service ethos and for professional values, more generally. 7 Chapter Two: Access to justice,