Civil legal aid: the public service that can benefit us all
Legal aid is a vital public service, which ensures access to justice across England and Wales. But right now, due to the lack of investment in civil legal aid rates, the number of legal aid providers has severely diminished.
Without an immediate significant increase in civil legal aid rates, many people will be left without access to justice.
This 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, with a positive impact for us all.
How reforms could benefit the public sector
Savings to the justice system
Investing in civil legal aid and making it more accessible can reduce costs for the wider justice system:
- helping 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
- allowing legal problems to be resolved earlier, without reaching court
Housing legal aid
All of us need a safe and stable home, meaning we all need access to housing advice when our homes are no longer healthy places to live in.
10% of all rental properties in the UK have significant disrepair issues, which is a major cost to the state. In England, houses in disrepair are estimated to cost the NHS £355 million each year.
More legal aid provision could significantly reduce NHS costs.
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.
Our 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.
Access to civil legal aid
Our 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.
Offering stability for providers means keeping quality local services open for families across England and Wales.
Key findings
Our view
1. An immediate, significant increase in civil legal aid rates is needed to begin to address the shortfall
As an interim measure to stabilise this vital public service, the government should implement a 20% increase in civil legal aid fees – investing £134m.
- £17m for early advice in key areas
- £4.3m for housing
- £32m for family cases involving domestic abuse
This funding would go a long way to maintaining access to the civil justice system for communities across the country and help create the space for the review of civil legal aid to resume and finish its work.
2. A commitment to carry out regular, in-depth reviews, so future civil legal aid rates can be set based on transparent rules and sound economic principles
Clear principles for fee setting and regular reviews would:
- enable providers to plan provision
- give the government clear visibility of any issues
- encourage investment and innovation in this vital public service
Our 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.”
Next steps
Immediate action is required to increase legal aid funding and long-term reforms could unlock further benefits like reduced strain on courts, improved public health and greater access to justice for all.
Download the full research
Implications of research on the sustainability of civil legal aid (PDF 669.7 KB)
You and your fellow solicitors play a central role in the justice system. We know it’s important to you that access to justice and the rules of fair play are protected to safeguard confidence in the system at home and internationally.
Read our May 2024 research on the sustainability of legal aid
Discover what we’re doing to fight for properly funded legal aid and access to justice