“Situation is as grave as it could be”, says designated family judge on impact of Legal Aid Agency cyber attack

On 23 April, the Legal Aid Agency became aware of a cyber-attack on its online digital services - through which legal aid providers log their work and receive payment from the Government.

Since then, legal aid lawyers doing family work have not been able to submit bills or receive payment, the judge noted.

HHJ Vincent noted that temporary schemes had been able to put in place to pay contingency funds monthly, based on an average of payments made the preceding months. “However, there are complex rules attached to what these funds can be used for, significantly restricting those firms’ access to funds, and causing accountancy issues.”

The designated family judge said that while a scheme had been put in place for criminal practitioners to submit bills on paper and to make applications for disbursements, that had not been extended to family practitioners.

In her letter to family legal aid lawyers, HHJ Vincent wrote: “There is no information about when the portal will be up and running again, and even when it is, there is likely to be a huge amount of work to reconcile the figures from the period of time when the service has been down.

"The effect of this has caused untold stress and worry to those solicitors and barristers who do this work. [...] They are facing in likelihood up to a year of no income, and thereafter an administrative nightmare to resolve matters once the portal is up and running again".

HHJ Vincent warned that the existence of departments doing legal aid work, or even whole practices, could now be under threat. 

She reassured judges that she had “raised [their] concerns” with the Lead Family Presiding Judge, Keehan J, and the President of the Family Division, Sir Andrew McFarlane.

She said: “I have stressed the importance of the need for action to take place urgently, in particular, the need to put in place arrangements for paper billing and applications for payment of reimbursements, as has been done for criminal practitioners.

HHJ Vincent said she understood that the issued had been discussed at a meeting of family presiding judges with the Family President and the Senior Presiding Judge.

She added: “[…] In the meantime, please do be assured of my full support, and my thanks for the work you continue to do to help the families in our area, despite the very great challenges you are facing."