Law Society highlights urgent need for legal aid reform to help families in poverty
updated on 24 July 2024
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More than five million people and families with children could qualify for free legal help if the new UK government implements changes recommended by the 2023 Means Test Review, according to the Law Society.
The Law Society has commissioned new research highlighting that only people living in severe poverty – earning up to 80% less than the Minimum Income Standard (MIS) – will qualify for full legal aid. Individuals with monthly incomes over the £1,234 threshold must contribute to their own legal expenses, effectively preventing them from accessing the legal aid they’re entitled to.
In 2018, the Law Society commissioned research by Professor Donald Hirsch revealing that the legal aid means test was outdated and preventing many families living in poverty from accessing justice. In response, the UK government launched its Means Test Review and proposed to expand financial eligibility for legal aid, potentially bringing 5.5 million more people into scope.
However, the previous government delayed these changes until 2026 and this delay is set to affect millions of people on low incomes.
The delay means that by next year, a couple with two children will need to live on just £41 a day to qualify for full legal aid, which is 57% below the MIS. Meanwhile, the threshold for a single person will be less than £9 a day, 81% below the MIS. These figures don’t include rent/mortgage payments, council tax or childcare costs.
Law Society President Nick Emmerson said the cuts in legal aid over the past 20 years is evident by “the fact that those living in the very deepest poverty are the only ones who are eligible for full legal aid”. Emmerson added: “The new government has an opportunity here to improve access to justice for millions by introducing changes that have already been agreed and budgeted for.”
In the same vein, Professor Hirsch highlighted the importance of taking into account inflation as, without these considerations, “the system will fail to deliver on its promise to make justice affordable”.
