By Amin Kef Sesay
Ms. Fatmata Claire Carlton-Hanciles, Esq., the Executive Director of the Legal Aid Board, addressed the ‘Justice and Rule of Law Global Forum: Fostering Inclusive and Sustainable Development,’ hosted by the World Bank in Washington D.C. On Wednesday June 26, 2024 with her speech focusing on the innovative mechanisms introduced by the Legal Aid Board to enhance access to justice.
Ms. Carlton-Hanciles highlighted the introduction of Child Maintenance Accounts and the use of WhatsApp technology. She emphasized that mediating child maintenance cases, establishing Child Maintenance Accounts and opening a bank outlet at the Board’s headquarters in Freetown have significantly improved compliance. These measures have positively impacted the lives of impoverished children by ensuring better upkeep, education, medical care and accommodation.
Additionally, she detailed how WhatsApp technology has facilitated improved information sharing and supervision of paralegals. Such has enabled timely responses to the justice needs of indigent persons, including those under police investigations.
Ms. Carlton-Hanciles also informed the audience, which included partner organizations, leaders and practitioners that the Board collaborates with the Sierra Leone Bar Association to provide additional lawyers for indigents. During Judicial Week and Special Criminal Sessions, pro bono lawyers assist Legal Aid Lawyers in handling the high volume of cases.
Furthermore, some indigent clients are referred to the Board’s Pro Bono Lawyers for legal representation at a minimal fee negotiated by the Board.
She also discussed the Board’s efforts in improving the lives of women and children through Alternative Dispute Resolution (ADR). Drawing on her experience as Principal Defender at the Special Court for Sierra Leone, Ms. Carlton-Hanciles has effectively applied her expertise to enhance the Legal Aid Board’s operations.
In a separate advancement, a recent study titled “Cost-Effective Front-Line Justice Services in Sierra Leone: A Case Study in Frugal Innovation and Domestic Resourcing” by the International Development Institute (ODI) has highlighted Sierra Leone’s Legal Aid Board (LAB) as the most cost-effective provider of legal services among low-income countries. The study focuses on the innovative measures taken by the LAB to deliver legal aid at a low cost compared to other schemes in similar economic settings.
Also, the report underscores the pivotal role of frugal innovation and strategic domestic resourcing in establishing a nationwide, accessible, and cost-effective service that supports Sierra Leone’s most marginalized and vulnerable populations. The study identifies Sierra Leone as a rare example of a low-income country where the government funds comprehensive front-line legal advice, assistance, and representation for both civil and criminal matters.
Since its launch in 2015, the LAB has established offices across the country and assisted 160,000 people in 2023, with two-thirds of them being women and girls. “The LAB is also by far the most popular justice institution in the country,” the study notes.
Government funding has been crucial in enabling the LAB’s nationwide scale-up. From 2021 to 2023, the Sierra Leone government provided 78% of the Board’s funding. The scale of the Board’s operations has driven down unit costs, creating a virtuous cycle where reduced costs enable further expansion. Between 2018 and 2023, unit costs fell by a factor of three, with each case costing an average of $11 in 2023, well below ODI’s benchmark of $20 per case for low-income countries. Notably, a quarter of these costs are for providing legal representation in criminal cases.
The LAB’s success is attributed to the innovative 2012 Legal Aid Act, which included paralegals in the justice system, and its mixed model of criminal and civil legal aid, utilizing both lawyers and paralegals. This deregulated approach allows the LAB to operate cost-effectively, efficiently deploying its staff and leveraging frugal innovations, such as pioneering child maintenance payment systems.
Despite its achievements, the study acknowledges challenges faced by the LAB. The Board currently has less than half the number of paralegals it needs, limiting its reach to the most vulnerable communities. Additionally, there is limited scope for increased government funding, as Sierra Leone already allocates a significant portion of its budget to justice and legal aid. The withdrawal of bilateral donor funding upon the LAB’s launch has further constrained resources.
The lack of independent, in-depth evaluation of the Board’s performance is another challenge, attributed to the absence of a justice sector research budget in Sierra Leone and limited donor engagement. The study calls for rigorous research to assess the impact of the LAB’s scaled-up model, particularly its benefit-cost ratio, which is estimated at 50:1 for child maintenance cases, comparable to some of the most cost-effective health sector interventions globally.
Government of Sierra Leone is commended by the study for its innovative and enabling approach to deregulating justice services, which has allowed the LAB to provide an affordable, nationwide service for legal advice, assistance, and representation. This achievement, made possible through consistent government funding, a low unit-cost model, and frugal innovations, is further supported by civil society’s role in integrating paralegals into the justice system.
“This is an extraordinary achievement, particularly given the significant role of Government funding and civil society innovation in creating a scalable and affordable justice service,” the study notes.
