Legal aid governance reforms announced

Carolyn Regan resigns as Chief Executive of the LSC

The Ministry of Justice has announced a major reform of the legal aid system in England and Wales in the wake of the publication of Sir Ian Magee’s review into the delivery of legal aid.

The government has decided to move the Legal Services Commission to an executive agency of the Ministry of Justice. The change in status is intended to strengthen the relationship between the Ministry of Justice and the Legal Services Commission and provide tighter financial control over the £2.1 billion budget.

The review, announced in October 2009, was commissioned by ministers to ensure the legal aid budget is delivering value for money, providing a healthy and sustainable future for social welfare advice as well as considering how best to position and protect the civil fund from the criminal fund.

Justice Secretary Jack Straw said:

‘At £2.1 billion a year, the legal aid budget is a significant amount designed to help people when they are at their most vulnerable. It is 10 years since the Legal Services Commission was established and in that time there have been considerable changes in the type of legal advice and services that the public needs. It is now the right time to make some meaningful changes that will help us protect and sustain the world-class legal aid service that we are so proud to deliver to England and Wales.

‘We have considered very carefully the recommendations made by Sir Ian and are confident that this new relationship between the Legal Services Commission and the Ministry of Justice will greatly assist in the overall delivery of legal aid and the streamlining of accountability.’

Sir Ian Magee commented:

‘The Legal Services Commission was given wide but largely undefined powers when it was set up ten years ago. There have been several policy reviews since then, but none that have looked at the delivery arrangements. Much has changed over those ten years. There are new approaches to governance and to the important links between government departments, delivery organisations, and the relationships between them, which need to be characterised by trust, clarity about respective responsibilities, and shared objectives, in the interests of the clients they serve.

‘My recommendations, based on widespread consultation and detailed analysis, are intended to offer Ministers a menu from which they can fashion effective arrangements for delivering legal aid suited to the years ahead.’

Publication of the recommendations and the Minister's announcement coincided with an announcement that the Chief Executive of the Legal Services Commission, Carolyn Regan, has resigned to allow for new leadership during a time of change for the organisation. Carolyn Regan has served as the Chief Executive of the LSC for 3½ years. Carolyn Downs has been appointed as interim Chief Executive of the Legal Services Commission.

Sir Ian Magee’s review can be downloaded from or read in full on the Ministry of Justice website.

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