- Restoring legal aid for most civil cases
- Increasing legal aid pay rates by at least 15% to reflect inflation since 2010
- Investing in legal aid providers to prevent further closures
Judicial Criticism
Judges have also criticized the legal aid cuts. In 2021, Lord Justice Moylan (a Court of Appeal judge) said the surge in litigants in person in family courts was "unsustainable" and called for legal aid to be restored. Other judges have made similar comments.
Legal Challenges
There have been several legal challenges to LASPO:
- R (Rights of Women) v Lord Chancellor (2016) — the High Court ruled that the domestic violence evidence requirement was lawful, but the government later reformed it in response to criticism
- R (Gudanaviciene) v Director of Legal Aid Casework (2014) — the Court of Appeal ruled that the Legal Aid Agency had unlawfully refused legal aid in some immigration cases
However, no court has ruled that LASPO itself is unlawful.
The Government's Response
The government has made some changes to legal aid since 2012:
- Criminal legal aid pay rise (2024) — the government increased criminal legal aid pay rates by 15% in 2024, the first significant increase since 2010, following strikes by criminal barristers in 2022-23
- Domestic violence evidence reforms (2020) — the government extended the time limit for some evidence and added new types of evidence
- Early legal advice pilot (2021) — the government funded a pilot scheme for early legal advice in family law cases to prevent disputes escalating
However, the government has not restored legal aid for most civil cases and has not increased civil legal aid pay rates significantly.
The Bottom Line
Legal aid spending in England and Wales has been cut by over 40% since 2010, with the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) removing legal aid for most civil cases, including most family law, housing, employment, and welfare benefits disputes. The number of people receiving legal aid has fallen by 70%, and legal aid deserts have emerged across England and Wales, with many areas having no legal aid providers for housing or family law. Litigants in person (people representing themselves) now make up the majority of parties in family and housing courts, causing delays and unfair outcomes. The legal aid crisis has been widely criticized by judges, MPs, and legal charities as undermining access to justice and creating a two-tier system where only the wealthy can afford legal representation. Understanding the legal aid crisis is essential for anyone seeking to understand the barriers millions face in accessing their legal rights.
Key takeaways
- Legal aid spending fell from £2.4 billion in 2010-11 to £1.6 billion in 2023-24, a real-terms cut of over 40%
- The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) removed legal aid for most civil cases, including family law (except domestic violence), housing, employment, and welfare benefits
- The number of people receiving legal aid fell from 925,000 in 2010-11 to 275,000 in 2022-23, a drop of 70%
- Legal aid deserts have emerged across England and Wales, with many areas having no legal aid providers for housing or family law
- Litigants in person (people representing themselves) now make up the majority of parties in family and housing courts, causing delays and unfair outcomes
Sources
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