A growing shortage of legal aid lawyers and rising numbers of people representing themselves in court are creating an ‘unacceptably high risk of miscarriages of justice’, MPs have warned.
A new report by the Justice Committee says urgent reform is needed to prevent further decline in access to legal aid, warning that the current system is failing both those who need legal representation and the professionals expected to provide it.
The cross-party committee concluded that without action to improve eligibility, funding, provider capacity and administration, legal aid will continue to become an increasingly ineffective route to justice.
Among its most serious concerns is the sharp rise in self-representation, particularly in criminal cases. The report says the Government does not publish reliable data on how many defendants appear without legal representation in magistrates’ courts, but estimates suggest the figure could be as high as 50 per cent. MPs warned this poses a significant risk to the fairness of trials, particularly where defendants face prison sentences.
The committee also criticised the financial eligibility threshold for criminal legal aid, describing it as “shockingly low”. Means-testing rules have not been updated since 2009 despite inflation rising by around 64 per cent over the same period. MPs said it was unacceptable that someone earning the national minimum wage could be denied legal aid while facing criminal prosecution.
The report also highlights mounting pressures on the legal profession. The number of criminal duty solicitors has fallen by around a quarter since 2017, while only seven per cent are under the age of 35, raising concerns about the long-term sustainability of the workforce. MPs said shortages are contributing to court delays and called for the Government to identify areas with the greatest need and fund additional provision where necessary.
Civil legal aid is also under severe strain, according to the report. It warns that many people facing issues such as housing disputes, family breakdowns or domestic abuse are unable to access free legal advice but cannot afford to pay privately. Spending on civil legal aid has fallen by more than a third in real terms since 2007-08, leaving many providers struggling to remain viable and creating “legal aid deserts” in parts of England and Wales.
The committee said there was substantial evidence that the Lord Chancellor was failing in the statutory duty to ensure legal aid is available. It also criticised the Legal Aid Agency’s handling of the 2025 cyber-attack, saying providers and clients had not been adequately supported and calling for investment to modernise outdated digital systems.
MPs are urging ministers to implement long-delayed reforms, review legal aid funding through an independent mechanism and publish workforce strategies for both criminal and civil legal aid to ensure access to justice is protected for the future.
Chair of the Justice Committee and Labour MP Andy Slaughter said: ‘Legal aid is fundamental to ensuring people regardless of means can enforce their rights and access justice. The Committee’s report lays bare stark evidence that too many individuals who need legal advice and representation are simply unable to obtain it.
‘Across both criminal and civil legal aid eligibility has failed to keep pace with the rising cost of living, with capacity reducing, provision increasingly patchy or non-existent and future sustainability in question. The financial eligibility threshold for criminal legal aid in the magistrates’ court is ‘shockingly low’, while eligibility for civil legal aid is also ‘unacceptably low’, with overwhelming evidence of a growing ‘justice gap’ in England and Wales.
‘Put simply, declining availability of legal aid and increasing levels of self-representation is creating an ‘unacceptably high risk of miscarriages of justice and undermines the efficient administration’ of the courts.
‘The report sets out strong recommendations for fundamental and urgent reforms to rescue and restore legal aid in England and Wales which Ministers should heed. As the Committee concludes there is ‘substantial evidence that the Lord Chancellor is failing in their statutory duty to ‘’secure that legal aid is made available’’ and the Government must take an active role to plug gaps in legal aid provision.
‘A legal aid system that people cannot qualify for or access, and that providers cannot sustainably deliver, is no system at all. Ministers must prioritise restoring legal aid as an ‘effective, sustainable and accessible service for those who need it most.’
Photo: Claudio Schwarz
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