Access to Justice: Legal aid and services

DOI: https://doi.org/10.58248/PN758

Summary

Access to justice is a principle underpinning the rule of law, ensuring that people can enforce their rights and resolve disputes. Legal aid is government-funded support for legal advice, family mediation and representation (by a lawyer) in courts or tribunals. It is a key mechanism for achieving access to justice.

In England and Wales, legal aid operates under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), which significantly reduced the scope of civil legal aid and tightened eligibility criteria from 2013 onwards.

Legal aid provision and trends

Legal aid covers two main areas: criminal legal aid, which provides representation for defendants where it is in the “interests of justice”, and civil legal aid, which applies to non-criminal issues such as housing, immigration and family law.

Since LASPO, civil legal aid has been restricted to cases involving domestic abuse, homelessness or protection of vulnerable individuals. Spending and case volumes have declined: Ministry of Justice data shows civil representation certificates fell from around 146,000 in 2012/13 to 110,000 in 2024/25. Criminal legal aid cases also fell, with magistrates’ court work down by 21% between 2009/10 and 2013/14.

Impacts and barriers

Evidence indicates that reduced provision has led to more people representing themselves in court rather than using a lawyer (known as litigants in person). Around 80% of private family law cases now involve at least one litigant in person, which can lengthen proceedings and affect outcomes. Removal of early legal advice has been linked to escalation of problems, such as rent arrears leading to eviction, increasing strain on services like housing and health. Geographical disparities have emerged, with “legal aid deserts” reported in regions such as the South West and East Midlands, where few providers operate locally.

Groups most affected

People on low incomes, disabled people and minority ethnic groups are more likely to experience unresolved legal problems and face barriers to accessing advice. Survivors of domestic abuse often rely on evidence assessment mechanisms to qualify for legal aid, but awareness and provider shortages remain obstacles. Migrants and asylum seekers encounter additional challenges, including language barriers and limited local provision.

Recent developments

Government initiatives include a legal aid action plan, the 2023 civil legal aid review, announcements of £20 million annual investment in civil legal aid and a £24 million standalone increase for criminal legal aid in 2024, alongside routine reviews of eligibility and service delivery. However, stakeholders report ongoing workforce pressures, and regional gaps in legal aid providers.

Opportunities and policy considerations

Opportunities include using digital innovation tools, improving data collection and reduce administrative burden. Strategic workforce development and expanding career pathways could improve recruitment and retention.

Considerations for policy interventions include improved data collection, re-introducing integrated services and improving public awareness and understanding. Funding investments and allocations could improve the sustainability of the sector and contractual work.

Acknowledgements

This briefing was produced in consultation with experts and stakeholders, who are listed at the end of the briefing. The briefing was co-funded by Nuffield Foundation. POST would like to thank everyone who contributed their expertise to this briefing.