Society revives campaign to save civil legal aid

As chancellor Rachel Reeves prepares to unveil the outcome of her Spending Review, the Law Society has renewed its campaign for more investment in civil legal aid to ensure everyone has access to family, community care and mental health support.

With an ageing population, the demand for community care continues to increase. However, analysis conducted by the Society of the most recent directory of legal aid providers and ONS data shows that seven in 10 people do not have access to a community care provider close to home. 

More than half of adults with domestic abuse issues who responded to the Society’s 2023 Legal Needs Survey received no legal support - and of those, half tried but were unsuccessful. The number of legal aid offices commencing work on mental health cases has nearly halved since 2011. Mediation referrals to resolve family disputes away from court have nosedived since the 2013 legal aid cuts.

Investing in civil legal aid would reduce the strain on other public services, Society president Richard Atkinson said.

‘By throwing a legal lifeline to everyone who needs it, we strengthen families, protect children and provide better care for people in our communities. Access to legal advice is of the utmost importance, particularly in cases involving domestic abuse, community care and mental health treatment disputes. Unfortunately, many people in these situations often struggle to obtain legal support and vital legal aid services are closing down.'

The Society’s campaign makes four key demands:

• Reinstate early legal advice for separating families, which reduces ‘costly, stressful’ court battles;
• Guarantee legal aid for survivors and the accused in family law cases involving allegations of abuse, which levels the playing field;
• Increase legal aid fee for family law, mental health, community care and other critical areas to attract and retain legal aid practitioners; and
• A fair means test to ensure people living in poverty are not priced out of accessing justice.

Lord chancellor Shabana Mahmood has already announced fee uplifts for housing and immigration work. Legal aid practitioners will be hoping for announcements on the nine other contracted categories of law once the Ministry of Justice's settlement is confirmed in tomorrow's spending review.