MPs warn of ‘unacceptably high risk of miscarriages of justice’ due to declining availability of legal aid and rising self-representation

Declining availability of legal aid and increasing levels of self-representation is creating an unacceptably high risk of miscarriages of justice and undermines the efficient administration' of the courts, a new Justice Committee report has warned. 

In its new report Access to Justice: Legal Aid', MPs called on the Government to address eligibility, remuneration, provider capacity, administration and scope together, cautioning without urgent reform legal aid will continue to decline as a practical route to justice'.

A legal aid system that people cannot qualify for or access, and that providers cannot sustainably deliver, is no system at all', the report concluded, recommending Ministers urgently prioritise restoring legal aid as an effective, sustainable and accessible service for those who need it most'.

Criminal legal aid

The financial eligibility threshold for criminal legal aid in the magistrates' court is shockingly low' the report found, adding the means-test threshold has not been uprated since 2009, despite prices rising by 64%. It is a clear denial of justice' that an individual working for the national minimum wage may earn too much to be eligible for legal aid in the magistrates' court, the report concluded.

The full scale of rising self-representation, including in cases where defendants face the risk of imprisonment, is not properly understood because the government does not publish reliable data on representation in the magistrates' court' the report said. Best available estimates suggest it could be as high as 50%, which creates an unacceptably high risk of miscarriages of justice.

The report called on the Government to publish data on representation in the magistrates' courts and conduct independent research on case outcomes. It also urged Ministers to address how the Government will ensure defendants are not sentenced to a year or more in prison without legal representation.

Criminal duty solicitors

The criminal duty solicitor scheme is in a dire state', negatively impacting the Government's ability to reduce the courts backlog, the report warned. Numbers have fallen by a quarter since 2017, with only 7% of duty solicitors under 35, it added.  

MPs recommended the Government identify areas experiencing shortages and publish within six months an assessment of the number and geographical distribution of duty solicitors required to provide sustainable police station and magistrates' court coverage. Where schemes fall below that level, the Lord Chancellor should use their powers under LASPO to fund additional provision, the Committee added. 

Criminal legal aid providers

The financial position of criminal legal aid providers has deteriorated since the Committee's 2021 report, with rates fundamentally uneconomical' for providers who cross-subsidise fees with private work to remain solvent. The report warned of distrust' between the legal profession and government over future funding.

The report called for legal aid rates to be reviewed and set via an independent process or mechanism, potentially the Criminal Legal Aid Advisory Board (CLAAB), with targets for recruitment and retention of criminal legal aid lawyers.

Eligibility

On eligibility, it recommended the Government immediately implement the Means Test Review and uprate the proposed thresholds to reflect inflation and updated cost of living data since the review's baseline year and publish the methodology and revised thresholds. Ministers should also establish an independent mechanism to review evidence around average incomes and rates of self-representation which can formally recommend future uplifts to the Lord Chancellor, it added.

Civil legal aid  

Eligibility for civil legal aid is unacceptably low', with overwhelming evidence of a growing justice gap' in England and Wales, the report warned, with people ineligible for legal aid and unable to afford legal representation and advice privately.

The report raised concerns that people in desperate situations including family law proceedings involving domestic abuse may be left without representation. It also noted the civil legal aid provider base is under severe strain', with legal aid spending per capita falling by 36.3% in real terms between 2007-8 to 2023-24, and work in housing, family, mediation, and immigration and asylum often being loss making.          

Risks to the sustainability of the legal aid system are currently materialising, the report cautioned, as it urged Ministers to publish a civil legal aid workforce strategy within a year.

Legal aid deserts are a significant problem across England Wales, leaving people in many areas of the country without accessible legal support to which they are entitled by statute.

The Committee concluded there is substantial evidence that the Lord Chancellor is failing in their statutory duty to secure that legal aid is made available'' and the Government must take an active role to plug gaps in legal aid provision. On scope, the restrictive scope of the legal help scheme undermines early intervention, causing legal issues to escalate and contributing to increased harm and use of resources, the report said.

Legal Aid Agency

The organisational set up of the LAA remains deficient in delivering access to justice, the report concluded, recommending reforms to objectives to monitor legal need, identify unmet demand and secure adequate provision.

Legal aid providers and clients have been insufficiently compensated for the additional work and data loss caused by the 2025 cyber-attack, it said, adding the response of the LAA and MoJ to informing and safeguarding victims has not been good enough'. The report said MoJ must accelerate plans and increase funds available to upgrade the LAA's digital infrastructure which is not fit for purpose' including a commitment to replace the Client and Cost Management System (CCMS) by the end of this Parliament.

Chair of the Justice Committee and Labour MP Andy Slaughter said: Legal aid is fundamental to ensuring people regardless of means can enforce their rights and access justice. The Committee's report lays bare stark evidence that too many individuals who need legal advice and representation are simply unable to obtain it. 

Across both criminal and civil legal aid eligibility has failed to keep pace with the rising cost of living, with capacity reducing, provision increasingly patchy or non-existent and future sustainability in question. The financial eligibility threshold for criminal legal aid in the magistrates' court is shockingly low', while eligibility for civil legal aid is also unacceptably low', with overwhelming evidence of a growing justice gap' in England and Wales.   

Put simply, declining availability of legal aid and increasing levels of self-representation is creating an unacceptably high risk of miscarriages of justice and undermines the efficient administration' of the courts.

The report sets out strong recommendations for fundamental and urgent reforms torescue and restore legal aid in England and Wales which Ministers should heed. As the Committee concludes there is substantial evidence that the Lord Chancellor is failing in their statutory duty to 'secure that legal aid is made available'' and the Government must take an active role to plug gaps in legal aid provision.

A legal aid system that people cannot qualify for or access, and that providers cannot sustainably deliver, is no system at all'. Ministers must prioritise restoring legal aid as an effective, sustainable and accessible service for those who need it most'.