Barristers threaten industrial action over legal aid funding
updated on 15 October 2024
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The Criminal Bar Association (CBA) has raised the threat of industrial action as the dispute over legal aid funding continues. The threat comes after the Law Society advised solicitors to “withdraw or scale back” their legal aid services until the government takes “meaningful action”.
With funding for legal aid having fallen by 28% in real terms over the past decade, the number of lawyers taking on the work and the number of people with access to legal aid have also decreased. CBA Chair Mary Prior KC explained that it’ll be balloting its members to identify the next steps, and looking back at the strikes in 2022, said that “experience has taught us that there is no movement from government without significant disruption to the courts”.
The government has been criticised for failing to reconsider the previous government’s refusal to raise legal aid fees by the “bare minimum” 15% that had been recommended by Lord Bellamy KC in 2021.
A Ministry of Justice spokesperson said: “The new government inherited a justice system under enormous strain and a criminal legal aid system facing significant challenges.
“Criminal defence lawyers play an essential role in ensuring that justice is done. While any decision on future government funding is subject to the upcoming spending review, we are committed to working with the legal profession to support the sustainability of the market both now and in the future.”
One barrister warned that “without urgent action (and investment) from the government, the system will collapse”.
Concerns have also been raised over the backlog of cases, with some judges now unable to schedule trials until September 2027. The situation has been described as “very troubling” by criminal barrister James Oliveira-Agnew, with Simon Spence KC calling for the government to “give urgent attention to reducing the backlog”.
Sam Townend KC, chair of the Bar Council, warned that “justice delayed is often justice denied”. Townend added that the government needs to remove the cap on judges’ sitting days.
