Senior associate James Sandiford reports on the recent Legal Aid Agency cyber-attack, its far-reaching impact on clients and providers of civil legal aid, and the ongoing challenges.
On 23 April the Legal Aid Agency (LAA) discovered its online digital services systems had been targeted in a cyber-attack. These are the systems through which the LAA authorises legal aid services for individual clients and through which the lawyers, providing legal aid services, are paid.
Discovery and scale of the breach
On 16 May it was discovered the attack was more severe than first realised and involved the group behind it accessing the personal data of individuals who have received legal aid since 2010. As a result, the online ‘portals’ through which the LAA delivers legal aid in civil cases were shut down.
The consequences have been and remain severe, although the attention the issue has attracted in the national media has been relatively limited - certainly compared to coverage of the backlogs and delays in the criminal justice system (though it is important to note that legal aid for criminal cases has also been affected.)
Civil legal aid is provided in areas of law involving issues of the most fundamental importance to individuals who may not otherwise be able to afford legal advice and representation. These include public law children proceedings (when the state applies for court orders that in some cases mean children are removed permanently from their families), housing law, mental health law, and personal injury and clinical negligence.
Impact on legal aid services
The cyber attack has had two significant consequences for people who rely on civil legal aid.
Firstly, people who have received legal aid since 2010 will of course be anxious about the data breach. The LAA has advised everyone who has received legal aid over the last 15 years to safeguard themselves and watch out for any suspicious activity that may suggest misuse of their personal data. The exact nature of the personal information accessed by the attackers has not been made clear.
Secondly, although the LAA has brought in contingencies so that legal aid services can continue, there have been delays and restrictions in applying for and obtaining legal aid for many people who require it, sometimes urgently.
The consequence for firms and barristers providing legally aided services have been severe and limits to cash flow and delayed payments are ongoing. Legally aided work does not involve large profit margins and so disruption to cashflow can have serious consequences over a short period. Again, the LAA has put in place contingencies for providers but until the systems are back online delays in payment will continue and there will be a significant backlog of claims to be processed.
The LAA is working to rectify the damage caused by the attack and get its systems back online but at the time of writing there is no confirmation of when this will be.
Our commitment to legal aid clients
Russell-Cooke has a strategic commitment to providing a top-quality service to its legally aided clients, primarily in public law children and housing matters. Our broad range of services and our mixture of legally aided and privately funded work means we can maintain our high standards of client service until the LAA systems are back online.
This article is a brief overview of this issue, of which many may be unaware. Further detailed information is provided by the LAA (Legal Aid Agency data breach - GOV.UK).
About James
James Sandiford is a senior associate the family and children team, specialising in children law. He advises on many matters including public law care proceedings brought by social services, applications to adopt children as well as issues that can follow adoption.
Get in touch
If you would like to speak with a member of the team you can contact our children law solicitors by telephone on +44 (0)20 3826 7528 or complete our enquiry form.