The government has been accused of failing to address the crisis in legal aid, with MPs warning that millions of people risk being left without access to essential legal advice and representation.
The Justice Select Committee said the Ministry of Justice had failed to make meaningful commitments in response to its recommendations for reform, describing its response as ‘highly disappointing’ and inadequate.
In a follow-up report, the cross-party committee warned that legal aid was becoming a service in ‘managed decline’, despite the government acknowledging the need to make it more sustainable and accessible.
The committee’s original report, published in July, warned that declining legal aid availability and rising numbers of people representing themselves in court were creating an unacceptably high risk of miscarriages of justice.
MPs said the government’s response to their 28 recommendations largely repeated existing initiatives or promised further consideration without setting out clear decisions or timescales.
One of the committee’s main concerns is the low financial eligibility threshold for criminal legal aid in magistrates’ courts, which has not increased in line with inflation since 2009.
MPs found that someone working full-time on the national living wage, with no dependants, could earn too much to qualify for legal representation.
The committee wants ministers to increase eligibility thresholds before planned reforms expand magistrates’ sentencing powers, potentially allowing more serious cases to be heard without a jury.
It also criticised the government’s approach to civil legal aid, pointing out that fees in many areas have not received a nominal increase since 1996. MPs warned that providers were increasingly relying on income from private work to subsidise legal aid services.
The report called for a workforce strategy to address recruitment, retention, training and regional shortages, alongside stronger financial incentives to attract providers to areas where legal assistance is unavailable.
The committee also raised concerns about the Legal Aid Agency (LAA), calling for fundamental institutional and digital reforms. It welcomed £200 million allocated to replacing outdated technology, with the first release of a new civil legal aid service planned for 2027.
However, MPs warned that many proposed reforms remained subject to further consideration, with no clear timetable or organisation accountable for delivering them.
The committee concluded: ‘A legal aid system cannot be sustained by monitoring its decline and promising to explore solutions later.’
It is calling on the government to reconsider its recommendations and provide a clearer response setting out what action it intends to take.
Photo: KATRIN BOLOVTSOVA
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