Legal Aid Board €1.3m over budget and facing staffing crisis due to increase in asylum seeker cases

Chief executive of the Legal Aid Board Joan Crawford said some law centres would be left with no option but to close to new applications, to deal with a backlog of cases.

The Legal Aid Board told the Department of Justice it was running €1.3m over budget as it dealt with a vast increase in cases involving asylum seekers.

In a series of letters, the board’s senior management said it was struggling with “staff retention issues and low morale” due to its workload.

A letter in February said despite an increase in its allocation, it was running at least €1m over budget which it said was a matter of “significant concern".

In later correspondence, its chief executive told the department it was headed for a 2025 pay bill of at least €33.5m, despite only having an allocation of €32.4m for pay.

Even with that, there were 34 vacancies in the Legal Aid Board, and the board warned of “very serious impacts on service provision".

Chief executive Joan Crawford told the department in May that without a further increase in budget, it would be forced to immediately cease hiring staff.

She wrote: “This will have a drastic impact on the operation of the Legal Aid Board and will render it impossible for [us] to provide the services that [we are] required to provide under statute.” 

Ms Crawford said some law centres would be left with no option but to close to new applications, to deal with a backlog of cases.

She said this could leave certain counties without access to a local law centre, placing further pressures on nearby centres.

Ms Crawford said cases would have to be prioritised, meaning cases involving divorce, separation, child custody and guardianship being put on the long finger.

The Legal Aid Board also warned its budget constraints were having a knock-on effect on the courts and judges.

Its letter said: “This is leading to delays in dealing with the conclusion of cases in already difficult situations and where the interests of children are involved.

“Often issues such as the necessity for a voice of the child report or welfare report are only identified on the appointment of a solicitor, further causing delays for all involved.” 

Ms Crawford said the enormous pressure on staff was leading to staff departures and dissatisfaction from clients.

“In all areas across the board, the non-filling of vacancies will create wellbeing and morale issues, with staff feeling under pressure,” she wrote.

“As it stands, the board is regularly losing staff with experience and expertise to other State bodies and Government departments who can offer better conditions and better working environments, with less pressure due to adequate resourcing.” 

A previous letter to the Department of Justice from June 2024 said one of the biggest drivers in demand was “the exponential increase” in cases involving asylum seekers.

It said the introduction of "accelerated" processes for dealing with applications for international protection had complicated its work.

The correspondence said: “Early legal advice is key, and this is very challenging with the current service delivery model.” 

The board warned the Department of Justice a shortfall in staff could lead as well to longer stays in international protection for applicants.

“Additionally, it could give rise to costly and lengthy litigation in the superior courts,” it said.