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Legal aid body 'ignores appeals review' over library costs
06.07.11 | Benedicte Page
The Legal Services Commission, which handles legal aid, has been accused of "cynically changing the rules" by ignoring the decision of its own appeals panel that library campaigners pursuing judicial review claims should not face heavy community costs.
Campaigners in Somerset and the Isle of Wight had appeals about the proposed level of contribution heard by the LSC's panel on 23rd June. According to Dave Quigley of the Isle of Wight library campaign, the panel decided that £1,000–£2,000 would be an adequate contribution for the local community to make towards their action.
But Quigley said that although he had been told the finding of the appeal panel would be legally binding both on the IoW residents and on the LSC, the LSC had "totally disregarded" the findings and was still saying residents must pay £10,000, half the anticipated costs.
John Irven of campaign group Friends of Watchet Library, which is supporting the plaintiff in the Somerset judicial review claim, said law firm Public Interest Lawyers had informed him that the appeal panel had found in favour of the residents, instructing LSC to reduce its community charge. "LSC informed PIL on 5th July that they are ignoring the instruction of the appeal panel, and will be insisting on a full 50% community contribution that we had appealed against and won, which means we have to continue raising several thousand pounds more in pledges," Irven said.
He added: "We believe as campaigners (but laypeople on the law) that LSC are cynically trying to keep changing the rules just to avoid having to pay appropriate levels of legal aid funding, and that this has major implications if allowed to stand, not just for libraries, but all areas where individuals and campaigners are trying to challenge what are considered unlawful decisions."
An LSC spokesperson said: "It would be disrespectful to the applicants to comment on the details of this case while we await a response from their solicitors to our letter of July 5th." He added: "The LSC has an independent panel, which hears appeals on the funding decisions made by our case managers, and makes recommendations, primarily on the legal merits."



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Sorry, with ref to the comment above, I should add that I am the press officer for the Legal Services Commission who issued this statement.
Andrew.
Please find below the FULL text of the statement issued today by the Legal Services Commision regarding legal aid funding of court cases being brought against library closures. I've posted this as the story above does not include the part of our statement which outlines our general approach to funding of such cases. Please note especially that we are part-funding the case against library closures by Brent Council (with a community contribution, too)...
“It would be disrespectful to the applicants to comment on the details of this case while we await a response from their solicitors to our letter of July 5th. We don’t want to prejudge that response.
“Legal aid is only available to people who pass the financial eligibility criteria. In general, taxpayers would not expect legal aid to fund a case which benefits a wider community, including people who are not eligible for legal aid, without the possibility of a financial contribution from that community.
“Legal aid is joint funding with community groups a case being brought later this month against the closure of libraries by Brent Council in London. Funding in this case is based on the proportion of eligible people who would benefit.”
On the question of appeals:
“The LSC has an independent panel, which hears appeals on the funding decisions made by our case managers, and makes recommendations, primarily on the legal merits.”
ENDS
The hearing tomorrow will be an exciting moment and I am sure that The Bookseller will report and describe it properly and eloquently.
However as this exchange of comments already shows clearly, irrespective of the the views of the Judge in the court in Birmingham, there are important things to be said at the outset.
Of these I think the readers of this journal should realise the extraordinary endeavour of local people in several different parts of the country who, even a year ago, would never have contemplated that they would have to fsce the ludicrous operation of the state in our country, in the way that they have.
I would list, and beg forgiveness for my omissions, people in Gloucestershire, Somerset, Dorset, Devon, Warwickshire, Doncaster, The Isle of Wight, Brent and Lewisham- and campaigners like The Voice of the Libraries, Shirley Burnham, Alan Gibbons, Ian Anstice and Desmond Clarke. It is all of these who deserve the applause of democracy and honest people.
What they have uncovered and exposed, as Shirley ably demonstrates above, is the extraordinary humbug and manipulation of officials of the state, in local Government, in Ministers, in national Government and in all the so-called 'stakeholder quangoes' and charities of obscure and normally nameless people who subsersively, with self interest at heart, and with manipulation to the fore front of their activity cnoduct the ineptitude of our libraries.
Public libraries - and these people's efforts to value and save them- will never achieve the Splash headline of the national news, simply because there is always something more exciting for journalists. But the issue of public libraries lies in the engine room of our culture and the failure of those who we hold to account, to maintain and cherish the reason why they exist and their existence, reflects, finally, on everything we do.
What has been uncovered will also be recognised by educated readers of this site- the behaviour of Ministers, civil servants and local and national officials exposes our country as one which has progressed little beyond the confusions and incompetencies of nineteenth century Russia. The roguery and imbecilities are no better than those captured so well by Gogol, Chekhov and Tolstoy. What a miserable scene we have to behold.
We await the Birmingham Library trials with fascination and fractious foreboding
On the same day that we heard the news of the LSC's blatant disregard of their own appeals process, I had a reply to my Freedom of Information request made in April to the Department of Culture, Media and Sport, whose Secretary of State is Jeremy Hunt. (Jeremy Hunt had singularly failed to reply adequately to any of the questions raised in letters to him). This reply states that although DCMS accept that the matters I requested legitimately fall under the FOI act (I requested all documents relating to meetings and decisions between DCMS and Somerset County Council re library closures)
“l can confirm that the Department holds this information. We are able to confirm that there was a meeting between Somerset County Council and DCMS officials on the 30 March, and that Paul Kirkman, (DCMS Head of Arts), Sheila Wheeler (Somerset County Council Chief Executive), and four other junior officials attended…..
The rest of the information within the scope of your request is exempt from disclosure under section 36(2)(b) (would be likely to inhibit) (i) (the free and frank provision of advice, or (ii) (the free and frank exchange of views for the purposes of deliberation) of the FOI Act.
Having considered the public interest, the Department’s decision is therefore to withhold the information.
So what does this say about transparency in public decision making…..
Turning, ducking or diving undermines faith in the public body and the democratic process. The "statement" from Mr Montgomery does not explain why the LSC has disregarded decisions of its own panel.
Many involved in defending the public services they value are taxpayers. Their taxes are supposed to fund the service in question [in this case, Public Libraries] established to reduce society's inequities and give access to all. Such citizens, many of modest economic means, are now being forced to raise tens of thousands of Pounds to fund actions against perceived illegality and maladministration of local authorites that affect the most needy communities. Decent taxpayers understand that some of what they pay out is for the common good. They expect the system to be set up to protect the common good.
It is not surprising, therefore, given the hoops through which citizens of good faith are being made to jump -- and the picking of their pockets -- that many suspect foul play.
We have, here, a situation akin to innocents entering a casino where all the gaming tables are rigged.
As I am quoted in the above iten, I felt it right to comment on it. I cannot comment on what is happening to the case of the two Isle of Wight ladies as their solicitor is due to issue a press release tomorrow. I actually applied for legal aid to join this case myself, I am 70, a partially disabled ex soldier and having to live on housing & council tax benefits, I assumed that I should be able to get legal aid- not a bit of it, although the government say that my wife and I need £220 per week to live on, the LSC say that as our joint income is over £170 per week I am not entitled to any form of legal aid! I decided to support the Isle of Wight's campaigners, becoming their press officer. Our two ladies were granted legal aid but it was withdrawn the day before High Court papers were due to be served on the council. The ladies, through their solicitor, appealed this decision. It took ten weeks before the appeal was heard and although we had been assured that it would be heard by an independent panel and their decision was final and binding on both us and the LSC, I was utterly amazed when an email about the Watchet case said that although the appeal panel had said that the community would have to pay towards the case, it was only going to be £1-2000. The LSC appears to have completely ignored the findings of the appeal panel and demanded £10,000. I am aware that in the case of the Isle of Wight, the person who wrote the letter after the appeal was the same person who had withdrawn legal aid in the first place, so what happened to the findings of the "Independent" panel? I would suggest that the LSC is not judging cases on their legal merits but on how much money they can save the government by denying legal to those who have no other way of taking justified legal action. This state of affairs is disgraceful and is going a long way towards destroying the once highly regarded reputation of our legal system.
Please find below the FULL text of the statement issued today by the Legal Services Commision regarding legal aid funding of court cases being brought against library closures. I've posted this as the story above does not include the part of our statement which outlines our general approach to funding of such cases. Please note especially that we are part-funding the case against library closures by Brent Council (with a community contribution, too)...
“It would be disrespectful to the applicants to comment on the details of this case while we await a response from their solicitors to our letter of July 5th. We don’t want to prejudge that response.
“Legal aid is only available to people who pass the financial eligibility criteria. In general, taxpayers would not expect legal aid to fund a case which benefits a wider community, including people who are not eligible for legal aid, without the possibility of a financial contribution from that community.
“Legal aid is joint funding with community groups a case being brought later this month against the closure of libraries by Brent Council in London. Funding in this case is based on the proportion of eligible people who would benefit.”
On the question of appeals:
“The LSC has an independent panel, which hears appeals on the funding decisions made by our case managers, and makes recommendations, primarily on the legal merits.”
ENDS
Sorry, with ref to the comment above, I should add that I am the press officer for the Legal Services Commission who issued this statement.
Andrew.
Turning, ducking or diving undermines faith in the public body and the democratic process. The "statement" from Mr Montgomery does not explain why the LSC has disregarded decisions of its own panel.
Many involved in defending the public services they value are taxpayers. Their taxes are supposed to fund the service in question [in this case, Public Libraries] established to reduce society's inequities and give access to all. Such citizens, many of modest economic means, are now being forced to raise tens of thousands of Pounds to fund actions against perceived illegality and maladministration of local authorites that affect the most needy communities. Decent taxpayers understand that some of what they pay out is for the common good. They expect the system to be set up to protect the common good.
It is not surprising, therefore, given the hoops through which citizens of good faith are being made to jump -- and the picking of their pockets -- that many suspect foul play.
We have, here, a situation akin to innocents entering a casino where all the gaming tables are rigged.
As I am quoted in the above iten, I felt it right to comment on it. I cannot comment on what is happening to the case of the two Isle of Wight ladies as their solicitor is due to issue a press release tomorrow. I actually applied for legal aid to join this case myself, I am 70, a partially disabled ex soldier and having to live on housing & council tax benefits, I assumed that I should be able to get legal aid- not a bit of it, although the government say that my wife and I need £220 per week to live on, the LSC say that as our joint income is over £170 per week I am not entitled to any form of legal aid! I decided to support the Isle of Wight's campaigners, becoming their press officer. Our two ladies were granted legal aid but it was withdrawn the day before High Court papers were due to be served on the council. The ladies, through their solicitor, appealed this decision. It took ten weeks before the appeal was heard and although we had been assured that it would be heard by an independent panel and their decision was final and binding on both us and the LSC, I was utterly amazed when an email about the Watchet case said that although the appeal panel had said that the community would have to pay towards the case, it was only going to be £1-2000. The LSC appears to have completely ignored the findings of the appeal panel and demanded £10,000. I am aware that in the case of the Isle of Wight, the person who wrote the letter after the appeal was the same person who had withdrawn legal aid in the first place, so what happened to the findings of the "Independent" panel? I would suggest that the LSC is not judging cases on their legal merits but on how much money they can save the government by denying legal to those who have no other way of taking justified legal action. This state of affairs is disgraceful and is going a long way towards destroying the once highly regarded reputation of our legal system.
The hearing tomorrow will be an exciting moment and I am sure that The Bookseller will report and describe it properly and eloquently.
However as this exchange of comments already shows clearly, irrespective of the the views of the Judge in the court in Birmingham, there are important things to be said at the outset.
Of these I think the readers of this journal should realise the extraordinary endeavour of local people in several different parts of the country who, even a year ago, would never have contemplated that they would have to fsce the ludicrous operation of the state in our country, in the way that they have.
I would list, and beg forgiveness for my omissions, people in Gloucestershire, Somerset, Dorset, Devon, Warwickshire, Doncaster, The Isle of Wight, Brent and Lewisham- and campaigners like The Voice of the Libraries, Shirley Burnham, Alan Gibbons, Ian Anstice and Desmond Clarke. It is all of these who deserve the applause of democracy and honest people.
What they have uncovered and exposed, as Shirley ably demonstrates above, is the extraordinary humbug and manipulation of officials of the state, in local Government, in Ministers, in national Government and in all the so-called 'stakeholder quangoes' and charities of obscure and normally nameless people who subsersively, with self interest at heart, and with manipulation to the fore front of their activity cnoduct the ineptitude of our libraries.
Public libraries - and these people's efforts to value and save them- will never achieve the Splash headline of the national news, simply because there is always something more exciting for journalists. But the issue of public libraries lies in the engine room of our culture and the failure of those who we hold to account, to maintain and cherish the reason why they exist and their existence, reflects, finally, on everything we do.
What has been uncovered will also be recognised by educated readers of this site- the behaviour of Ministers, civil servants and local and national officials exposes our country as one which has progressed little beyond the confusions and incompetencies of nineteenth century Russia. The roguery and imbecilities are no better than those captured so well by Gogol, Chekhov and Tolstoy. What a miserable scene we have to behold.
We await the Birmingham Library trials with fascination and fractious foreboding
On the same day that we heard the news of the LSC's blatant disregard of their own appeals process, I had a reply to my Freedom of Information request made in April to the Department of Culture, Media and Sport, whose Secretary of State is Jeremy Hunt. (Jeremy Hunt had singularly failed to reply adequately to any of the questions raised in letters to him). This reply states that although DCMS accept that the matters I requested legitimately fall under the FOI act (I requested all documents relating to meetings and decisions between DCMS and Somerset County Council re library closures)
“l can confirm that the Department holds this information. We are able to confirm that there was a meeting between Somerset County Council and DCMS officials on the 30 March, and that Paul Kirkman, (DCMS Head of Arts), Sheila Wheeler (Somerset County Council Chief Executive), and four other junior officials attended…..
The rest of the information within the scope of your request is exempt from disclosure under section 36(2)(b) (would be likely to inhibit) (i) (the free and frank provision of advice, or (ii) (the free and frank exchange of views for the purposes of deliberation) of the FOI Act.
Having considered the public interest, the Department’s decision is therefore to withhold the information.
So what does this say about transparency in public decision making…..