Earlier this week, ACSO submitted a response to the Ministry of Justice (MoJ) consultation on ‘Revising the Help with Fees remission scheme’. ACSO would like to thank members who helped formulate our response.
The consultation largely brings the Help with Fees (HwF) remission scheme up to date in relation to the income and capital threshold tests. Such proposals are always welcome but particularly during a cost-of-living crisis. There are also sensible and practical reforms to the application process, such as allowing legal representatives and litigation friends to submit an application on behalf of a court user. However, there were concerns about aspects of the proposals and raised further ways the application process could be improved. We will briefly outline some of the points we raised with the MoJ.
There are income threshold proposals which do not benefit applicants. For example, the proposed move to a three-band tapered partial fee remission structure is problematic as no applicant will receive additional support. ACSO has requested clarity as to where the money saved will be redistributed. In addition, there are no proposed mechanisms to keep the income test in line with inflation which, given the current economic climate, is a concern.
Furthermore, whilst we welcome the proposed changes to the application process, we feel there were areas which could benefit from further guidance and clarity. For example, there are no clear plans to build the HwF application process into online portals, such as the Damages Claim Portal. This is disappointing as such a move would not only streamline the application process, but it would also provide clarity as to when a HwF application should be made during the litigation process. In addition, further guidance could be provided regarding when an insurer should pay a court fee. There have been protracted costs arguments when a court user who has an insurance product, such as legal expenses insurance, should have received fee remission but did not apply for it. Additionally, we raised concern at the lack of guidance as to who would be subject to a financial assessment when a parent is making a claim on behalf of their child. The MoJ also proposed providing the HM Courts and Tribunal Service with the power to treat applications as abandoned if applicants to not respond in a timely manner to information requests. ACSO does not oppose this proposal, but we have encouraged the MoJ to provide clear guidance regarding extenuating circumstances which may affect an applicant ability to respond.
ACSO also presented ideas as to how the HwF application process could be improved further. For example, there is currently a need for a financial reassessment for every court fee and we believe this creates an unnecessary administrative burden for the courts, legal representatives and individual court users. We proposed that a system is put in place to consider an applicant’s financial situation stable for a defined period to remove the aforementioned burden. We have also suggested providing a HwF ‘number’ to legal representatives who have multiple clients to streamline the process and quicken remission payments.
In summary, ACSO consider the proposals to be a positive change and beneficial to consumers and their legal representatives. However, more transparency is needed regarding where previously available support is being redistributed, and further practical considerations are required.