Legal aid fees must rise

The Law Society of England and Wales has welcomed the government’s proposed changes to increase legal aid fees, marking the most significant rate rise in nearly 30 years. This change follows decades of underinvestment that have unfairly penalised communities reliant on the justice system.

While the proposed fee increases are a positive step, they are not sufficient to ensure the sustainability of legal aid work or to help those in need of housing and immigration legal assistance. The Law Society is urging the government to expand the scope beyond housing and immigration and to introduce a system that regularly reviews legal aid fees. Without regular adjustments to reflect rising costs, the legal aid system will continue to shrink, restricting access to justice to only those who can afford private legal support.

Law Society president Richard Atkinson said the government must prioritise the public interest and make sure that every member of the public can access justice. Legal advice can make the difference between home and homelessness. Raising the rates is welcome, however the government admits this would still leave a quarter of housing legal aid providers unable to help people who desperately need advice. Underfunding our justice system denies us a vital public service. It is vital that the government ensures all areas of civil legal aid are adequately funded to level the playing field for those of us who cannot afford legal advice.

To protect the needs of the public, the Law Society is calling for greater flexibility in the delivery of legal aid. Remote advice improves access to justice for many, but in-person services must remain an option for those who need them. Additionally, a 95% increase in legal aid fees is required to restore them to 1996 levels in real terms. Without decisive action, the legal aid system will remain underfunded, limiting vital legal support for those who need it most.