Legal aid system in crisis now

The legal aid system in the UK is facing significant strain, particularly in cases involving domestic abuse. Increasingly, individuals deemed too 'rich' for legal aid find themselves navigating the court system alone, referred to as litigants in person (LiP). The Law Society of England and Wales has voiced urgent concerns over this growing issue, urging the government to bolster investment in civil legal aid. Richard Atkinson, the society’s president, highlighted the implications: “Civil legal aid is a crucial public service that ensures we can all be supported during some of the most difficult moments in our lives.”

Recent statistics from the Ministry of Justice revealed a concerning rise in domestic violence orders, with 9,374 granted between January and March 2025, marking an increase from the same period in the previous year. This surge underscores the need for effective legal representation during court proceedings. In fact, 40% of private law cases saw no legal representation, a troubling trend that has escalated since the introduction of the Legal Aid Sentencing and Punishment of Offenders Act (LASPO).

The constraints of the current civil legal aid system mean that, in situations of domestic abuse, a Qualified Legal Representative must be appointed to conduct cross-examinations. If no representative is available, the judge is compelled to take on this role, which detracts from their independence as decision-makers. Atkinson pointed out that survivors of domestic abuse are “less likely to understand their legal rights or know where to obtain legal advice compared to people with other legal issues.”

Access to civil legal aid is crucial in empowering survivors, ensuring they can seek legal advice early in their cases. The Law Society is urging the government to take immediate measures to extend legal aid to all family cases involving allegations of domestic abuse. “Immediate action will level the playing field, help to maintain a strong justice system and protect whole communities,” said Atkinson. Such reforms are vital to restore balance and support those in need within the legal framework.