CLOCK IN KENT COMMUNITY LEGAL COMPANION SCHEME Ben Waters KFJB Conference 23.11.16

OVERVIEW Access to Justice Concerns CLOCK – Background CLOCK in Kent Being a Community Legal Companion

Access to Justice Concerns Some Background LASPO (2012) - substantial scope cuts to civil legal aid. The Reality: - Reduction in legal aid; - Reduction in local authority funding of advice sector; - High cost of legal services; - Reduction in court resources (court closures), (+ higher court fees); - Current economic situation. The Effect: “An arguable Justice Gap” LASPO Act 2012, resulted in a cut of £89m pa in legal aid on social welfare law, as well as the reductions in local authority funding of advice and legal support, estimated to be at least £40m pa by 2015. These cutbacks have destabilised and reduced the advice and legal support sector at a time of increased need. As a result, instead of saving money, the cutbacks are very likely to end up costing more elsewhere in the system.

Low Commission Report 2014 Established in late 2012 by LAG to: - Collate evidence re demand for advice and support on social welfare law; - Explore options for future provision and funding; - Develop a strategy for future provision and funding; - Make recommendations to Govt. The Report made 100 recommendations: University law schools should [through collaborative efforts] further develop the ways in which law students can provide pro bono services, including public legal education. “How society may meet one of its heaviest responsibilities, namely the responsibility to ensure that its members who are least able to protect themselves are provided with the assistance that they require to cope with the challenges with which they are inevitably faced” Rt. Hon Lord Woolf http://www.lowcommission.org.uk/dyn/1389221772932/Low-Commission-Report-FINAL- VERSION.pdf Established in late 2012 by the Legal Action Group (LAG) Finding: cutbacks have: destabilised and reduced the advice and legal support sector at a time of increased need; As a result, instead of saving money, the cutbacks are very likely to end up costing more elsewhere in the system.

Meeting Unmet Community Needs The Keele Story Following direct request from an unrepresented member of the public for McKenzie friend assistance in a child contact case with a background of domestic violence. In collaboration with ‘Law in Action’ partner ‘Voices of Experience’, Keele Law School initiated a pilot McKenzie friend scheme. At Law Society Regional Law Society Roundtable: ‘meeting community unmet needs’ and….. initiated a pre-LASPO collaboration: CLOCK.

CLOCK- Community Legal Outreach Collaboration Keele Following Community Legal Education, Law in Action presentations; the Community Legal outreach Collaboration, Keele (CLOCK) formed; Drawing on the Regional Law Society Roundtable; “innovations in legal services to meet unmet legal need, pilot McKenzie friend”; Proposal to develop expert guidelines and training programme for selected students to be trained and supervised by the professional partners as a Community Legal Companion.

CLOCK- Regional Partners Collaboration of the University Law School’s in following regions: West Midlands; Keele, Staffordshire, Birmingham City University, Wolverhampton; North West; Liverpool John Moores, Salford; South East; Essex, Brighton, Sussex, Canterbury Christ Church.

Kent Judicial Support The Former Master of the Rolls (Lord Dyson) asked Mrs Justice Asplin to take on a judicial coordinating role in relation to LIPs. A national network of nominated judges for LIPs was put together and HHJ Mary Lazarus at Medway nominated for this area. Supported locally (in Canterbury) by HHJ Richard Scarratt and District Judge William Jackson.

Community Legal Companion The Role A CCCU Law Student monitored and insured by Canterbury Christ Church University; DBS checked, and bound by the confidentiality and well being agreement; Committed to one session (3hrs) per fortnight for the academic term- time teaching (20 weeks); Trained by the partnership 5 day (equivalent); academic, solicitor, third sector, court training; with additional court and third sector specialism; Court Trained and operating from the court help desk; Bound to report/refer all community legal companion activities.

Community Legal Companion The Role CLCs are collaboratively trained to support community partner services to assist in legal needs re: housing, welfare benefits, private family law. Through guidance in: - Form filling and application process; - Unbundling papers in formal proceedings; - Note Taking; - Assistance in legal and formal proceedings; - Signposting/referral.

Canterbury Operational Model CLCs are allocated to the court rota; Clients are referred to the CLOCK partnership for the CLC service by: i) public sector access to court legal companion help desk, clock email/phone; ii) charitable sector access to legal companion help desk; iii) private sector clients need to private law firm (listed as partners on leaflet) Complete and sign an information letter; Signposting policy; to legal aid franchised firms, affordable fixed fee or pro bono (e.g. Kent Law Clinic)

Types of Legal Companion Assistance at Canterbury Law Courts

Testimonials “From my own personal experience, the most gratifying aspect of the role is knowing that you have helped someone achieve what they wanted from the justice system when they thought that all hope was lost”. (Companion, 2016) “I couldn’t have done it without you”. (Service User A, 2016) “I would like to thank the CLOCK team for the service provided and especially X for all the assistance received. X has been exceptionally helpful, knowledgeable and polite and has bent over backwards to help. I extremely grateful for the help and guidance he has received and has found it very valuable to be able to speak to someone face to face about the claim he was making”. (Service User B, 2016)

Reading The Report of the Civil Justice Working Party on Access to Justice for Litigants in Person (November 2011): https://www.judiciary.gov.uk/wp- content/uploads/2014/05/report-on-access-to-justice-for-litigants-in-person- nov2011.pdf The Report of the Judicial Working Group on Litigants in Person Chaired by Mr Justice Hickinbottom (July 2013): https://www.judiciary.gov.uk/wp- content/uploads/JCO/Documents/Reports/lip_2013.pdf The Chancery Modernisation Review (CMR) Report by Lord Justice Briggs assisted by Mr Justice Newey (December 2013): https://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/CMR/cmr-final- report-dec2013.pdf The Report of the Commission under Lord Low on the Future of Advice and Legal Support (January 2014): http://www.lowcommission.org.uk/dyn/1389221772932/Low-Commission-Report- FINAL-VERSION.pdf