Government urged to rebuild the state by investing in civil justice system

The Law Society's recent report, supported by Frontier Economics, paints a detailed picture of the urgent need for significant government investment in civil legal aid to prevent further deterioration of the UK's civil justice system. The report makes a compelling case for how increased funding can deliver wide-reaching societal, economic, and public service benefits.

Key Findings:

1. Immediate Threat to Legal Aid Services

The report highlights the fragility of civil legal aid, noting that legal aid rates have remained stagnant for years, leading to an unsustainable system. Frontier Economics warns that without a significant and immediate increase in legal aid rates, the supply of legal aid services risks further collapse. The number of civil legal aid providers in England and Wales has dropped by 19% over the last five years, leaving many regions with minimal or no access to these services. This particularly affects vulnerable populations, who may face eviction, housing disrepair, or other life-changing legal issues without access to affordable legal advice.

2. Impact on Other Public Services

The research identifies substantial cost savings for public services that could be realized if civil legal aid is properly funded. By resolving legal issues earlier, individuals can avoid crises that would otherwise put pressure on healthcare, housing, and social services. Examples include:

• Housing Legal Aid and NHS Savings: The report shows that housing disrepair in England's rental properties contributes significantly to public health issues, with an estimated £355 million annually in associated NHS costs. By expanding housing legal aid, legal actions can address disrepair issues more efficiently, reducing hospital admissions related to poor living conditions. If legal aid reforms reduce significant housing disrepair by just 5%, the report estimates that the NHS could save over £15 million per year. This would also help free up hospital beds by allowing quicker patient discharges, reducing bottlenecks in the healthcare system.

• Reducing Burden on the Justice System: Legal aid would also ease the pressure on the broader justice system by reducing the number of litigants representing themselves, which currently slows down court processes. When people lack access to legal aid, they are more likely to self-represent, leading to longer, more complex court proceedings, which in turn increase costs for the justice system. By funding legal aid properly, cases can be resolved more swiftly, allowing courts to operate more efficiently.

3. Economic Productivity

One of the key arguments in the report is that improving access to civil legal aid can have a positive impact on the economy, particularly by improving economic productivity. Here’s how:

• Workforce Participation: People who have unresolved legal problems, such as immigration issues, are often delayed in entering the workforce. By providing more timely access to immigration-related legal aid, individuals can resolve their legal status more quickly and contribute to the economy sooner. This aligns with the government’s goal of boosting economic growth, potentially helping it achieve its G7 growth target.

• Resolving Legal Issues Early: Individuals facing employment or housing disputes can get back to work faster when they have access to legal advice, helping them avoid prolonged legal battles. Earlier intervention allows individuals to resolve issues before they escalate, thereby minimizing time off work and other disruptions that impact productivity.

4. Civil Legal Aid's Role in Upholding the Rule of Law

Nick Emmerson, president of the Law Society, emphasized that legal aid is a fundamental tool for upholding the rule of law and ensuring equal access to justice. He warned that without investment, more citizens will be unable to afford representation, leaving them without a voice in the justice system. This undermines the principles of fairness and equality that the justice system is meant to uphold.

Emmerson criticized the gradual erosion of the civil justice system due to years of underfunding, which he argued has pushed the system to the brink of collapse. He stressed that legal aid allows ordinary citizens to tackle critical issues such as housing disrepair, eviction, family law disputes, and access to social services, ensuring that people are not left without options when facing life-altering challenges.

5. Call to Action for Government

The Law Society report urges the UK government to act decisively by implementing reforms that would increase civil legal aid rates. This is not just a moral imperative but also an economic strategy. By investing in legal aid, the government can help:

• Reduce burdens on the NHS and other public services,
• Enhance the efficiency of the court system,
• Support economic growth and productivity,
• Strengthen the rule of law, ensuring that all citizens have access to justice.

The Need for Immediate Action

The Frontier Economics research concludes that investing in civil legal aid will have substantial long-term benefits, including more efficient public services, reduced healthcare costs, and improved economic outcomes. The Law Society is calling on the government to take immediate steps to right the wrongs of previous administrations by restoring funding to the civil justice system.

The report makes it clear that civil legal aid is not just a matter of helping individuals in need—it is a critical public service that can save money, promote fairness, and improve overall societal well-being. Without prompt action, the consequences for both individuals and public services could be severe.

The final implications report from Frontier Economics, which details the sustainability of civil legal aid, can be requested from the Law Society.