The Ministry of Justice is reportedly at risk of falling short of its duty to provide adequate access to civil legal aid, according to a commissioned study.
The research highlights that the current legal aid market is struggling to meet existing demand. Without changes in policy and a boost in funding, the situation may continue to deteriorate. PA Consulting, tasked with reviewing the market, emphasised the importance of these interventions, as policy effects can take time to manifest and replacing skilled personnel in the legal profession is not a rapid process.
The Ministry’s recent decision to increase fees by 10% for specific legal areas such as housing, debt, immigration, and asylum is a step towards addressing these issues. However, this adjustment largely compensates for the 10% reduction that occurred in 2013. Further fee hikes are anticipated next year for other areas covered by legal aid.
The report by PA Consulting, spanning 198 pages, warns of a moderate increase in demand for civil legal aid over the next decade, while supply could continue to shrink. This trend may severely impact the ability of the Ministry of Justice to fulfill its statutory obligations for legal aid. If no action is taken, the burden on legal aid providers will intensify, leading to greater difficulties for the public in accessing necessary services.
Geographical disparities in the availability of legal aid services are likely to widen, exacerbating access issues in certain regions. The study suggests that long-term market sustainability requires addressing underlying issues faced by providers, such as misaligned fee levels, regulatory challenges, and workforce support.
Since 2011, the number of civil legal aid providers has declined by approximately 40%, forcing those remaining to handle increasing caseloads, which is unsustainable. The report notes fee levels often do not cover provider costs, making policy development around fee structures and cost recovery essential.
To enhance the legal aid workforce, the Ministry is encouraged to create a more attractive work environment and reduce administrative complexities, including the numerous fee types and the Legal Aid Agency’s IT system challenges.
The Ministry of Justice must act swiftly and decisively to address challenges in the civil legal aid sector, ensuring accessibility and sustainability for the future.
