Millions must have chance to access justice

The Law Society of England and Wales has called for the immediate implementation of changes recommended by the 2023 Means Test Review. If enacted, these changes would allow more than five million individuals and families, including those with children, to qualify for free legal aid in cases such as unfair eviction or domestic abuse.

Background

The 2023 Means Test Review committed to expanding the financial eligibility criteria for civil and criminal legal aid, recognising the need to adjust for rising inflation. These changes are expected to bring 5.5 million more people within the scope of legal aid. However, implementation has been delayed by the previous government until 2026.

Impact of the Delay

New research commissioned by the Law Society indicates that the delay in implementing these changes means that only individuals living in extreme poverty—up to 80% below the Minimum Income Standard—will be eligible for full legal aid. Currently, anyone earning above the £1,234 monthly threshold must contribute to their legal costs, which effectively prices them out of accessing necessary legal help. By next year, a couple with two children will need to survive on just £41 a day to qualify for full legal aid, which is 57% below the Minimum Income Standard. A single person will need to live on less than £9 a day, 81% below the Minimum Income Standard.

Statements from Key Figures

Nick Emmerson, President of the Law Society, stated, “The fact that those living in the very deepest poverty are the only ones left who are eligible for full legal aid shows just how drastically this vital support has been cut back over the past 20 years. Viewing those who are already living significantly below the Minimum Income Standard as being well enough off to contribute to legal costs will only lead to a denial of justice for survivors of abuse deprived of the protection they need and for families vulnerable to illegal evictions from rogue landlords.”

Nick Emmerson emphasised the contradiction between the government’s pledges to reduce homelessness and tackle violence against women and girls with the delayed implementation of the Means Test Review recommendations. “The new government has an opportunity here to improve access to justice for millions by introducing changes that have already been agreed and budgeted for,” he added.

Professor Donald Hirsch, one of the authors of the report, highlighted the adverse effects of delaying the implementation. “The 2022 promise to update the legal aid means test to make millions more eligible has gone into reverse. The delays to these changes combined with recent inflation means instead that ever more people are being denied access to justice unless they pay for it with money they do not have,” he said.

Hirsch also stressed the importance of inflation-proofing the system to ensure its effectiveness. “Going forward, it will be essential not just to implement the promised improvements but also to ensure that inflation is properly taken into account when assessing whether people have enough money to cover legal costs on top of meeting their essential day-to-day needs.”

Recommendations and Future Outlook

The Law Society urges the new UK government to expedite the implementation of the Means Test Review’s recommendations to provide immediate relief to millions struggling to access justice. This includes adjusting the income thresholds to reflect current inflation rates and establishing a system for future adjustments to prevent similar issues from arising.

Conclusion

The delay in implementing the recommended changes to the legal aid means test has left millions unable to access justice. The Law Society's call for immediate action highlights the critical need for government intervention to ensure that legal aid is available to those who need it most, thus upholding the principles of justice and fairness in society.