Today’s announcement by the Lord Chancellor of a consultation on increasing fees for two critical areas of civil legal aid represents a significant step forward. It represents a continuation of the positive shift in approach by this government after decades of regressive policymaking in relation to legal aid. It is also encouraging that the government has published a range of reports arising from the Review of Civil Legal Aid, strengthening the case for a properly resourced legal aid system.

That the legal aid scheme is in crisis is now indisputable, with myriad reports and reviews demonstrating that legal aid practitioners go above and beyond to deliver a commercially unsustainable scheme that in no way caters for the level or complexity of public legal need. The announcement today, crucially described by the Lord Chancellor as an ‘important step as we rebuild our justice system’, will be welcome news to all practitioners delivering this vital public service.

We welcome the Ministry of Justice’s acknowledgement of housing & debt and immigration & asylum as two areas of legal aid which require immediate attention. This also recognises the fact that investment in legal aid is beneficial for the delivery of other areas of public policy. Immigration and asylum lawyers improve decision-making by the Home Office and will help to reduce the backlog of unresolved asylum claims. This process was managed poorly by the previous government, generating considerable expense for the taxpayer and unnecessary suffering for asylum seekers and their families. They also help to protect some of the most vulnerable members of society, such as those trafficked into the UK or subject to other forms of abuse. Housing lawyers have the expertise to support the government’s agenda to expand tenants’ rights and deliver planned legislative reforms. Housing lawyers help to tackle the scourge of homelessness, reducing demand on overstretched local authorities. They also enable people to resolve related issues such as entitlement to welfare benefits, managing debt and addressing disrepair and unhealthy housing conditions.

There is a strong case for continued investment in all areas of legal aid. It underpins the rule of law by levelling the playing field in legal disputes, allowing participation in and access to the justice system regardless of a person’s means. This is particularly important in disputes between public bodies and individuals. Legal aid representation actually reduces the time and costs associated with litigation, and has been proven to divert cases away from the courts. We have been advocating for fee increases for many years and for the Ministry to work with practitioner bodies such as ours to make the case that legal aid should not be cast as a cost to the public purse, but as a sound investment in the lives of people and communities.

That civil legal aid fees have not increased for 28 years is a stain on our justice system. It has strangled the life out of a once-vibrant sector, diminished opportunities for aspiring lawyers, and adversely affected hundreds of thousands of people with unmet legal need. We are pleased to see the government consulting on taking an important first step in addressing this prolonged injustice.

We look forward to continuing to work with this government to design and implement further improvements to the legal aid scheme.

Chris Minnoch

CEO – LAPG

For press enquiries please email chris.minnoch@lapg.co.uk