A parliamentary committee has issued a stark warning about the deteriorating state of legal aid in England and Wales, calling for urgent reforms to ensure access to justice. The report, released by the House of Commons Justice Select Committee, criticizes government policy for leaving an increasing number of people unrepresented in court and heightening the risk of miscarriages of justice.
The committee, chaired by Andy Slaughter until his recent appointment as solicitor-general in Greater Manchester, highlighted several systemic issues affecting both criminal and civil legal aid. It accused the previous lord chancellor, David Lammy, and his successor, Alex Norris, of failing to fulfil their statutory duty to guarantee the availability of legal aid.
Among the report’s key findings is the “shockingly low” financial eligibility threshold for criminal legal aid at magistrates’ courts, which has remained unchanged since 2009 despite a 64 percent rise in general costs. The committee described the duty solicitor scheme as being in a “dire state,” noting a 25 percent reduction in solicitor numbers since 2017 and an “ageing workforce” with only 7 percent under the age of 35. This shortage has already begun to affect police stations and court operations, contributing to delayed proceedings and putting individual rights at risk.
Though the committee welcomed recent funding increases for criminal law solicitors, it concluded these are unlikely to reverse the decline. The report also deemed criminal legal aid financially unsustainable, as recent pay rises—set at the minimum recommended level—have failed to keep pace with inflation, effectively reducing real-term fees and rendering the work uneconomical. It recommends establishing an independent body to oversee regular fee reviews, with clear objectives for recruiting and retaining criminal legal aid practitioners.
Civil legal aid fared no better under scrutiny. The committee expressed grave concerns about the low eligibility thresholds, warning of a growing “justice gap” for those unable to afford private representation. The report highlighted risks for individuals involved in family law cases, particularly those involving domestic abuse, who may find themselves without legal support. It also pointed to a strained provider base, with spending per capita falling over 36 percent in real terms since 2007-08, making work on housing, family law, mediation, immigration, and asylum often unprofitable.
Legal professionals and campaigners echoed the report’s findings. Mark Evans, president of the Law Society, called for increased government investment in legal aid and early legal advice, stressing that improving access to family legal aid should be central to strategies addressing violence against women and girls. The Law Society has also pushed for reductions in the administrative burden imposed by the Legal Aid Agency to ease costs for firms.
Andrew Thomas KC, vice-chair of the Criminal Bar Association, welcomed a recent government consultation proposing a £34 million increase in criminal barrister fees—an average rise of 10 percent—but cautioned that the full benefits might not materialize until at least 2028. He advocated for annual fee reviews tied to inflation, rather than sporadic negotiations. Rohini Jana, director of policy at the Legal Aid Practitioners Group, emphasized that repairing the legal aid framework must be a priority for the government to deliver meaningful improvements in people’s lives.
The Ministry of Justice stated that the government had committed £116 million toward criminal legal aid solicitor fees and an additional £20 million annually for stressed civil sectors. It acknowledged the challenges facing the system and said it was “carefully considering” the committee’s recommendations.