Millions must have chance to access justice again
More than five million people and families with children could qualify for free legal help and advice in cases such as unfair eviction or domestic abuse, if the new UK government implements changes recommended by the 2023 means test review*, the Law Society of England and Wales said today.
The review committed to expanding financial eligibility criteria for civil and criminal legal aid in recognition of the rising costs of inflation, bringing 5.5 million more people in scope, but the previous government delayed implementation of the changes until 2026.
New research commissioned by the Law Society shows that this delay means that only individuals living in deep poverty – up to 80% below the minimum income standard – will be eligible for full legal aid.
Anyone living on incomes above the monthly £1,234 threshold is expected to contribute to their own legal costs, pricing them out of legal help they are entitled to.
By next year, a couple with two children will need to be surviving on just £41 a day** to qualify for full legal aid, 57% below the minimum income standard.
For a single person, it will be less than £9 a day***, which is 81% below the minimum income standard.
Law Society president Nick Emmerson said: “the fact that those living in the very deepest poverty are the only ones left who are eligible for full legal aid shows just how drastically this vital support has been cut back over the past 20 years.
“Viewing those who are already living significantly below the minimum income standard as being well enough off to contribute to legal costs will only lead to a denial of justice for survivors of abuse deprived of the protection they need and for families vulnerable to illegal evictions from rogue landlords.
“In the king’s speech, the government pledged to reduce homelessness and tackle violence against women and girls. These pledges simply cannot be fulfilled unless the recommendations of the means test review are urgently implemented.
“The new government has an opportunity here to improve access to justice for millions by introducing changes that have already been agreed and budgeted for.”
Professor Donald Hirsch, one of the report’s authors, said: “The 2022 promise to update the legal aid means test to make millions more eligible has gone into reverse.
"The delays to these changes combined with recent inflation means instead that ever more people are being denied access to justice unless they pay for it with money they do not have.
“Going forward, it will be essential not just to implement the promised improvements but also to ensure that inflation is properly taken into account when assessing whether people have enough money to cover legal costs on top of meeting their essential day to day needs.
“Higher prices need to be factored in, not just into the income thresholds implemented now, but also into a system for making future adjustments. Without such inflation-proofing, the system will fail to deliver on its promise to make justice affordable.”
Notes to editors
*Read Professor Donald Hirsch’s 2022 legal aid means test report
**£1,234 a month or £41 a day for a couple with two children. This excludes rent/mortgage payments, council tax and childcare.
***£268 a month, or just below £9 a day for individuals.
Read the phase one means test review civil legal aid changes
Read the phase one means test review criminal legal aid changes
The minimum income standard is the income level that the public agree is needed to have a minimum socially acceptable standard of living in the UK today, to live with dignity.
It is based on detailed research by the Centre for Research in Social Policy at Loughborough University.
Read Professor Donald Hirsch and Professor Matt Padley’s 2024 updated legal aid means test report
About the Law Society
The Law Society is the independent professional body that works globally to support and represent solicitors, promoting the highest professional standards, the public interest and the rule of law.
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