In the future our police, lawyers and jails will be run by G4S

Barrister Russell Fraser explains the reality of cuts to legal aid.

"The degree of civilisation in a society is revealed by the way it treats its prisoners” is a quote for which history claims many authors. Dostoyevsky, Churchill and Pope John Paul II have each been paired with it perhaps saying something of the power contained in the idea. Regardless, it is not a sentiment shared by our current Lord Chancellor – the first non-lawyer in the post since 1672 – Chris Grayling, who on 8 April announced a new package of cuts to legal aid.

Grayling does not believe prisoners should have access to free legal advice concerning matters such as treatment, sentencing, disciplinary action and parole board reviews. Instead, he tells us, the prisoner can raise a complaint through an internal procedure. Never mind that many prisoners will be burdened with much of the health, educational and social problems associated with criminality which will make it quite impossible for them to put their own case effectively. How prisoners are treated is fundamental to their prison existence and to restrict their ability to ensure that treatment is lawful begins to look like a form of punishment in itself.

In criminal legal aid, the consultation forwards plans for a model of price competitive tendering. Bids will be invited below a fixed ceiling for batches of work around the country. It is a system in which only warehouse law firms will exist and high street firms will either die or be absorbed by large corporations intent on delivering legal services cheaply for maximum profit. The future will be one in which suspects are apprehended by G4S investigators, transported by G4S security, detained by G4S officers and imprisoned in G4S jails – at each stage represented by G4S lawyers.

With price competition will come the removal of the right to the solicitor of your choice. Representation will be allocated by rota and it will be made difficult to change solicitor should you wish to for any reason. The idea that quality can survive the casual vandalism of these proposals is absurd. The model of turbo price competition used in some US states tells us that.

Fees in criminal legal aid is a favourite target of justice secretaries and Grayling is no exception. Yet, there has been no increase in barristers’ fees since the 1990s. While a handful of criminal QCs do earn significant sums the rest of us do not. It may be that such fees should be discussed but not, as the justice secretary does, in a bid to undermine the entire system. As a trainee barrister I have a guaranteed income of £12,000 during my first year. We do not ask for sympathy, merely accuracy.

On the civil side the planned fee reductions mean many lawyers’ practices will simply no longer be viable. So those who specialise in housing, homelessness, actions against the police and judicial review – all crucial mechanisms for ensuring state accountability – will disappear. Their successors will be the warehouse G4S model or non-specialist charitable organisations staffed by well-intentioned but resource-poor lawyers. There will be no equality of arms in the courtroom.

As a result of previous reforms, from 1 April this year a raft of areas no longer attract free legal advice. Employment cases, non-asylum immigration cases, consumer rights and welfare benefits were all removed from scope. In the case of the latter it is estimated that 40% of challenges before the benefits tribunal succeed. Money would be saved by the Department of Work and Pensions making the correct decisions in the first place. There has been no opportunity to yet assess the impact of these changes but that has not deterred Grayling from unleashing a new round of cuts.

There is to be a residency test for those claiming civil legal aid. Applicants must be in the country lawfully to be able to apply and for those who are, an additional requirement of 12 months’ residence is imposed. This is the sort of divisive approach to immigration we have come to expect from the Conservative side of the coalition. Children of people here unlawfully will be left without the protection that would otherwise see them housed and looked after. Foreign students and people here on a temporary visas will be unable to challenge state wrongdoing.

If money is all that Chris Grayling understands then he should understand this: these proposals will cost more in terms of the miscarriages of justice, social harm, and disruption to the court service which will result, than the £200 million he seeks to save.

 

Russell Fraser is a pupil barrister and joint secretary of the Haldane Society of Socialist Lawyers. He has written this in a personal capacity.

Lord Chancellor Chris Grayling at the London Guildhall last year. Photo: Getty.
A protest in 2016. Getty
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Fewer teachers, more pupils and no more money. Schools are struggling

With grammars and universal school meals, both main parties have decided to answer policy questions no one is asking.

If you ask people in Britain what the ­biggest political issues are, schools don’t make the top five. Yet last week Labour set its first party political broadcast in a fictional classroom where a teacher described Jeremy Corbyn’s plans for schools’ future. Without a Labour government, the teacher opines, there will be no more libraries, or teachers, or school trips. Though the scenario is a flagrant breach of the law – teachers must remain politically impartial – education isn’t a bad place for Labour to start its campaign. Schools really are quite screwed.

Three things are hitting hard. Schools have less money, fewer people want to be teachers, and an avalanche of under-sevens is hitting the playgrounds and won’t stop for several more years.

How did we get here? In 2015 the Conservatives pledged to keep school funding at the same rate per pupil over the lifetime of the parliament. Yet while the money coming in has remained flat, schools have faced huge hikes in costs, particularly staffing. Big increases in mandatory pension contributions and National Insurance have taken their toll; so has the apprenticeship levy. The
Institute for Fiscal Studies estimates that all told, schools will have lost about 8 per cent of their budget by 2020. That’s £3bn of savings that must be found. Or, more bluntly, the starting salaries of 100,000 teachers.

It is worth remembering at this point how huge the schools sector is and how many people are affected. About half a million teachers work in the 20,000-plus state schools. A further 300,000 people work in allied professions. There are eight million children and an estimated 12 million parents. Lump in their grandparents, and it’s fair to say that about 20 million voters are affected by schools in one way or another.

The budget squeeze is leading many of these schools to drastic measures: firing teachers, increasing class sizes, cutting music from the curriculum, charging parents for their child’s place on a sports team, dropping transport provision, and so on. Begging letters to parents for donations have become commonplace; some have asked for contributions of up to £60 a month.

On top of money worries, teachers are abandoning the profession. In 2015, an additional 18,000 went to work in international schools – more than were trained at universities over the same year. They joined the 80,000 teachers already working in British schools abroad, attracted by higher pay and better working conditions.

Graduates are also snubbing teaching. With starting salaries increasing at less than 1 per cent a year since 2010, new teachers are now paid about 20 per cent less than the average graduate trainee. Changes to higher education are also such that trainees must now pay £9,000 in order to gain their teaching qualification through a university. The government has missed its target for teacher trainees for five years now, and there is no coherent plan for hitting it.

No money and no teachers is less of a problem if you are in a demographic dip. We had a bizarrely low birth rate at the turn of the century, so we currently have a historically small proportion of teens. Unfortunately, the generation just behind them, of seven-year-olds and under, is enormous. Why? Because the “baby echoers”, born in the 1970s to the baby boomers, had children a bit later than their parents. Add to that the children recently born to immigrants who arrived in their twenties when the European Union expanded in the early 2000s, and Britain is facing an El Niño of toddlers. By 2025 a million extra children will be in the school system than in 2010.

To keep on top of the boom the government has been creating schools like a Tasmanian devil playing Minecraft. But 175,000 more places will be needed in the next three years. That’s the equivalent of one new secondary school per week from now until 2020.

In fairness, the government and councils have put aside money for additional buildings, and roughly the same number of parents are getting their first-choice school as before. The free schools policy, which delivers new schools, has not always been well managed, but it is now more efficient and targeted. However, many more children combined with squeezed budgets and fewer teachers typically leads to bigger class sizes. Most classrooms were built to house 30 pupils. Exam results may not get worse, but no parent wants their child working on a makeshift desk improvised out of a windowsill.

Instead of addressing these challenges, both main parties have decided to answer policy questions no one is asking. Theresa May wants more grammar schools, ostensibly because they will give more choice to parents – though these are the only schools that pick pupils, as opposed to the other way around. And she says they will aid social mobility, though all the evidence (and I really do mean all) suggests the opposite.

Jeremy Corbyn, meanwhile, is offering free lunches to all seven-to-11-year-olds, which sounds worthy until you realise that children from low-income families already get free lunch, and that feeding every child a hot sit-down meal is virtually impossible, given the limited space and kitchen facilities in most schools. Plus, the evidence this £1bn policy would make any significant difference
to health or attainment is pretty sketchy. Labour has also sensibly talked about cash and promised to “fully fund” schools, but it isn’t clear what that means.

What’s missing so far from the Conservatives and Labour alike is a set of policies about teacher recruitment or place planning. The sector needs to know how schools will be built, and where the teachers will come from for the extra kids. In other words, the message to both sides is – must try harder.

Laura McInerney is the editor of Schools Week and a former teacher

Laura McInerney taught in East London for six years and is now studying on a Fulbright scholarship at the University of Missouri. She also works as Policy Partner at LKMCo.

This article first appeared in the 27 April 2017 issue of the New Statesman, Cool Britannia 20 Years On

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