A growing number of people are forced to represent themselves in
court as they are deemed too ‘rich' for legal aid. The Law
Society of England and Wales urges the government to further
invest in civil legal aid to avoid people having to represent
themselves in court, particularly in cases of domestic
abuse.
According to the latest figures published by the Ministry of
Justice* today, there were 9,374 domestic violence orders made in
January to March 2025, an increase on the same period last year.
Without civil legal aid, many are forced to represent themselves
in court, and become litigants in person (LiP). In cases of
domestic abuse, the court is obliged to appoint a Qualified Legal
Representative to cross-examine the victim, rather than allowing
the perpetrator to do so**. When a representative cannot be
found, the judge has to do the cross-examination. The downside is
that it takes away from the judge's role as an independent
decision-maker. If legal aid was available, it would ensure a
level playing field with proper legal representation for both
parties.
From January to March 2025, no legal representation was present
in 40% of private law cases, a significant increase since the
Legal Aid Sentencing and Punishment of Offenders Act (LASPO) was
passed. The scheme of qualified legal representatives is
struggling to fulfil its purpose and putting further pressure on
family courts. An urgent review is needed.
Law Society president Richard Atkinson said: “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.
“Our research shows that people who experience domestic abuse are
less likely to understand their legal rights or know where to
obtain legal advice compared to people with other legal
issues***. Easy access to civil legal aid allows survivors to
seek out legal advice sooner, knowing that a solicitor will be
available to help them.
“We are calling on the government to invest in the civil legal
aid system to better support survivors, by extending legal aid to
all family cases where there are domestic abuse allegations.
Immediate action will level the playing field, help to maintain a
strong justice system and protect whole communities.”
Notes to editors
