News - News - Carter Judicial Review Hearing - Govt Agreed a Race Equality Assessment Impact

The Government agreed with the Society of Asian Lawyers, the Black Solicitors Network (BSN) and the Law Society that its Legal Aid reforms have the potential to impact adversely on black and minority ethnic (BME) communities and Legal Aid suppliers at the judicial review hearing which took place on 18 July. The Government has previously repeatedly refused to carry out a proper assessment of the impact of these proposals on minority communities and the minority lawyers who provide legal services for these communities.

At the hearing, brought by the Black Solicitors Network and the Society of Asian Lawyers with the support of the Law Society, an agreement was reached by consent order. As part of the settlement, the Legal Services Commission committed to undertake a consultation and full cumulative Race Equality Impact Assessment on the principle of Best Value Tendering which will be issued by September, or as soon as practical thereafter, with a 12-week response timetable. Best Value Tendering is the main plank of the Legal Aid reforms and has yet to be introduced.

The Legal Services Commission is also committed to undertake a retrospective cumulative Race Equality Impact Assessment on the main reform changes already, or about to be, implemented for the Criminal Defence Service. These are Magistrates’ Courts Fees, Very High Costs Cases and Police Station work. In undertaking these assessments the Government made a significant concession. It agreed to have due regard to the Commission for Racial Equality’s code and guidance on conducting race equality impact assessments.

Sailesh Mehta, Chair, Society of Asian Lawyers,  said: "The fact that the cumulative race impact assessment will be retrospective and prospective will allow a full picture to emerge of the devastating effect of the changes. There will be significant reduction in the right to access to justice for black and minority ethnic communities. We will be vigilant in the protection of this important right."

Michael Webster, of Webster Dixon LLP, the solicitors acting for BSN and SAL, said: "Both the Society of Asian Lawyers and Black Solicitors Network are encouraged by the outcome of these proceedings, and significant progress made by holding the Government to account for their proposed reforms.”