Aftermath of legal aid cyber attack becoming problematic in courts
The Law Society of England and Wales said while legal aid cases continue to be heard, some dozens of complex, means-tested cases are being adjourned where funding remains uncertain.
The concerns come as the representative body outlined 10 key steps needed 'to keep the wheels of justice turning' two months after officials became aware of the hack.
The Law Society said legal aid providers cannot afford to give advice or representation for free, and risk being 'caught out' when cases move from the magistrates' courts to crown courts, where solicitors have to instruct counsel without guarantee of payment.
Legal aid professionals previously told the PA news agency that lawyers are facing 'administrative chaos' since the system went offline, prompting fears more providers will leave the sector.
The Law Society welcomed new guidance to magistrates' courts over adjourning cases at a solicitor's request over legal aid application issues.
The Law Society said: 'We recognise adjourning these cases will create additional delay within our justice system, but it is imperative that defendants and claimants are able to access legal advice and representation.
'We believe the courts and the Government should continue to monitor the impact that the breach is having on the effectiveness of court hearings.'
It comes as the Ministry of Justice introduced further contingency measures that came into force on Friday, that temporarily gives more powers to providers to streamline legal aid applications.
Law Society president Richard Atkinson said: 'It has been two months since the cyber attack and it is time to get our justice system back online and ensure legal aid – a crucial public service – is available to all who may need it.
'Civil legal aid providers, who can make the difference between a home and homelessness or give stability for children navigating family separation, are particularly hard hit.
'They have been unable to apply for new grants of legal aid which has left people most in need unable to secure legal advice and risks the closure of legal aid firms across the country.'
Those eligible to apply for legal aid include domestic violence and modern slavery victims, people involved in care proceedings or at risk of homelessness, as well as people accused of criminal offences.
According to the Ministry of Justice, a 'significant amount of personal data' of people who applied to the Legal Aid Agency (LAA) since 2010, including criminal records, was accessed and downloaded in the cyber attack.
The Government became aware of the hack on April 23, but realised on May 16 that it was more extensive than originally thought, and took the system offline.
The Law Society is urging for full transparency on what data has been accessed, and for the Ministry of Justice to conduct a full review of the LAA's response to the breach.
Contingency measures have been put in place including setting up an average payment scheme for civil legal aid cases, resuming payments on criminal legal aid cases, and confirming criminal applications will be backdated at this time.
A Ministry of Justice spokesperson said: 'We have introduced enhanced contingency measures today to streamline legal aid applications, ensure people are represented and to keep the system running.
'This is on top of the actions we've taken since the attack to give providers greater security – including an average payment scheme for civil legal aid cases and resuming payments for criminal legal aid cases – and continue to work as quickly as possible to restore our online system.'
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