Government urged to rebuild the state by investing in the civil justice system
A new report by the Law Society of England and Wales has shown the UK government can rebuild the foundations of the state and deliver on its missions by investing in the civil justice system.
A study commissioned by the Law Society from Frontier Economics has examined in-depth the sustainability of legal aid and the steps government can take to increase access to legal advice and reduce burdens on public services.
Frontier Economics’ research into the sustainability of legal aid suggests that an immediate significant increase in civil legal aid rates is required to avoid further collapse in the supply of legal aid.
Research reviewed by Frontier Economics for its final implications report* suggests that reforms which improve the sustainability of civil legal aid could generate meaningful benefits for public finances, by reducing the burden on other public services and improving economic productivity. For example:
- costs for the wider justice system could be reduced by increasing the availability of civil legal aid
- more housing legal aid could reduce NHS costs, allowing for patients to be discharged quicker and bottlenecks in the healthcare system to be reduced
- economic productivity could be improved by increasing the provision and accessibility of legal aid
Law Society president Nick Emmerson said: “Previous governments have slowly pushed the civil justice system to the brink of collapse by starving it of investment for decades.
“Legal aid is one way for citizens to have our voices heard and our lack of access to it has implications on health, employment and our children’s education.
“Like any other public service, legal aid needs to be maintained with our research showing the economic benefits if the new government were to invest in the justice system.
“The prime minister and his government have a chance to right the wrongs of the previous administration by properly funding civil legal aid.
“This will ensure that all public services can cope if a family is fighting eviction, tackling housing disrepair or addressing other life-changing issues.”
Access to civil legal aid
The research shows the number of civil legal aid providers in England and Wales has dropped by around a fifth (19%) in the last five years, leading to a severe lack of provision in some regions.
Investing in civil legal aid and making it more accessible has the potential to help courts be more efficient, by reducing the number of people representing themselves in court.
People will be able to access providers who have the capacity to take on their case, as they will be paid properly for their work. This allows for legal problems to be resolved earlier and the pressure on the courts to be reduced.
Housing legal aid
With 10% of all rental properties having significant disrepair issues, housing disrepair is a significant cost to the state. In England, houses in disrepair are estimated to cost the NHS £355 million each year.
NHS costs could be reduced by the government providing more legal aid. Where legal aid can overcome housing issues, a patient can be discharged from NHS facilities quicker, freeing up hospital beds and reducing bottlenecks in the healthcare system.
The research found that if reforms to housing legal aid reduced significant housing disrepair by just 5%, the savings to the NHS could be more than £15 million each year.
Increased economic productivity
Civil legal aid being more widely available has the potential to improve economic productivity, by improving the efficiency of the courts and allowing people to access legal advice when they need it.
People with immigration-related legal needs could also be able to enter the workforce more quickly helping the government achieve its target of securing the highest growth in the G7.
Notes to editors
*Read the Implications of research on the sustainability of civil legal aid report
Frontier Economics has produced a series of reports for the Law Society assessing the sustainability of civil legal aid in England and Wales. This is the final report.
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