Vulnerable people, including those who are at risk of unfair
eviction or being pushed into homelessness, could benefit from a
£20 million a year boost in legal aid as a consultation is
launched today (Friday, 24 January) as part of the Government's
Plan for Change.
This would represent the first meaningful increase in civil legal
aid fees in almost 30 years which, once fully implemented, will
improve access to legal advice for people if they face unfair
housing battles or are at risk of losing their home.
The investment, which represents a minimum of 10 percent increase
in fees, will also support lawyers who provide advice to victims
of modern slavery and trafficking as well as speeding up asylum
processing. This will help us to deliver commitments on reducing
the asylum backlog and ending hotel use and ensure that the most
vulnerable are better able to navigate a complex legal system and
get swifter access to justice.
Justice Minister, KC, said:
“Today's launch marks a crucial step towards rebuilding the legal
aid sector which has been left neglected for years.
“A key part of our Plan for Change is ensuring the legal aid
sector is on a sustainable footing. These proposals will make a
real difference to helping support quicker access to justice for
those who need it most.”
Today's consultation on the fee uplift marks an early step in the
Government's response to the evidence gathered as part of the
Review of Civil Legal Aid. This demonstrated that both the
housing and immigration sectors are under particularly acute
pressure.
In total the proposals would increase the spend on fees in the
housing sector by 24 percent and for immigration and asylum work
by 30 percent.
In addition to the fee proposals, the consultation is seeking
further evidence from civil legal aid providers on improving
access to remote legal advice. Fees for other civil legal aid
categories will remain under consideration.
Last month the Government also committed to a consultation on
uplifting fees for criminal legal aid for solicitors, having
already provided a £24 million increase in fees for solicitors
who work in police stations and Youth Courts.
Notes to editors:
On the Civil Legal Aid Consultation
- The Government has launched a
consultation on increasing legal aid fees for those working in
the housing (housing and debt) and immigration (immigration and
asylum) sectors, proposing to increase fees to a rate in the
region of £65/£69 per hour (non-London/London), or provide a 10%
uplift, whichever is higher. Fixed fees will be uplifted by the
same percentage as the increase in the underlying hourly rate for
that work. This will be implemented in 2025-26 with costs scaling
up to £20m at steady state. This will increase overall spend by
24% for housing and 30% for immigration.
- We will continue to consider the
fees paid in other categories of civil legal aid, including as
part of the second phase of the Government's spending review, due
in Spring 2025.
- Evidence from the Review of Civil
Legal Aid (RoCLA) Call for Evidence included responses from
providers that aspects of the current Civil Legal Aid contractual
requirements can be unnecessarily restrictive. The consultation
seeks to gather further evidence for improvements to arrangements
for remote advice and assurance of face to face advice based on
client needs.
On The Review of Civil Legal Aid (RoCLA)
- The Government is committed to
ensuring the civil legal aid system is effective, efficient and
sustainable.
- Evidence gathered from RoCLA
presents findings on the experiences of citizens who access legal
aid and the providers who deliver this vital service.
- Today the Government has also
published five of the remaining reports from RoCLA: these are the
Call for Evidence Summary; User Experience Literature Review; two
Data Publications - Deep Dive reports for Housing and
Immigration; and the Overarching Report. This evidence has
informed the consultation and will continue to shape future
policy direction.
- Publishing these reports will
largely conclude the publication of evidence gathered through the
Review. The reports will be available here: Review of Civil Legal
Aid - GOV.UK. We intend to publish the last of the
remaining reports, Data Publications: Deep Dive reports for
other categories of law, by March 2025.
On Criminal Legal aid for solicitors
- In November, the government
announced a £24m injection into police station and youth
court fees as part of its Crime Lower consultation
response. Those uplifts came into force on 6 December 2024,
raising solicitor criminal legal aid fees by 12% since the
Criminal Legal Aid Independent Review (CLAIR).
-
December's
announcement of an additional 12% uplift will therefore
take the total uplift to 24% since CLAIR for criminal legal aid
solicitors over this Parliament.
- Ministers have committed to working
with the Bar leadership through the Criminal Legal Aid Advisory
Board on longer-term reform of the criminal legal aid market.