Page 124 - Reforming Benefits Decision-Making

funded for the digital assistance element and not the advice element).
However, those centres that do not provide legal or specialist welfare advice,
must know where the distinction between digital assistance and legal advice
lies and be careful not to cross this. It may also mean appellants having to go
to multiple organisations for assistance rather than one, risking referral
fatigue.
361
4.58 In addition, JUSTICE has previously highlighted the need to ensure that
Digital Support is available to those most in need of it, and has sufficient
geographic coverage, including in areas where internet access is still
362
difficult. In a recent review of Digital Support, PLP raised concerns about
both of these issues as well as the sustainability of the current funding model.
They also highlighted the need for empirical research in relation to these
363
issues.
4.59 A procurement process has been commenced to find a provider or providers to
deliver the national service, starting from August 2021. We were unable to
364
access the full tender documentation however we have been told that the
tender is for digital assistance only and whilst provider(s) may provide other
types of support, including legal advice, this will have to be funded
separately. We are disappointed with the continued separation of digital
assistance and legal/specialist advice funding. In light of this HMCTS should
work closely with the Ministry of Justice to coordinate digital assistance
provision with the Legal Support Action Plan, in particular the possible return
of legal aid for early legal advice.

361 Citizens Advice, ‘Written evidence from Citizens Advice (CTS0016)’ (2019).
362 JUSTICE, Preventing Digital Exclusion (see n. 358 above).
363 J. Hynes, Digital Support for HMCTS Reformed Services: What we know and what we need to know
(Public Law Project, May 2021).
364 Ministry of Justice, HMCTS Digital Support – Contract Notice, (May 2021).

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