Labour’s Meg Hillier MP has called on the Ministry of Justice (MoJ) to proactively work across government and legal providers as she warns that the “access to legal aid services is worsening”.
Hillier, who is the chair of the Committee of Public Accounts said: “Nine years after our Committee scrutinised legal aid, the MoJ still does not fully understand the impact of its reforms.”
“The government has a duty to fund legal advice for the most vulnerable people in society,” she added.
Her comments come off the back of the National Audit Office’s (NAO) new report on the government’s management of legal aid. According to the report, the MoJ does not know whether everyone eligible for legal aid can access it.
The report stated that the MoJ has achieved its aim of significantly reducing legal aid spending by cutting the bill down by £728m. It highlighted that spending on legal aid has dropped by 28 per cent from £2.58bn in 2012/13, down to £1.86bn for 2022/23.
However, the NAO stated that more than a decade on, the MoJ still lacks an understanding of the full costs and benefits of its reforms.
The public spending watchdog also noted that the MoJ does not collect sufficient data to understand whether those who are entitled to legal aid are able to access it.
“Delivering access to justice is one of MoJ’s three key priorities. However, MoJ lacks a good understanding of both the demand for legal aid and the capacity of existing providers so it cannot ensure advice is available to those entitled to it,” the report stated. It added that it recognises that assessing demand “is inherently challenging” but pointed out that the MoJ could do more.
Law Society of England and Wales vice president Richard Atkinson said: “This report comes at a timely moment for the future of civil and criminal legal aid”
Atkinson warned that “both systems are on their knees, with evidence showing that it is becoming increasingly difficult for legal aid providers to sustain a business.”
Commenting on its report, Gareth Davies, the head of the NAO, said: “The MoJ must ensure that access to legal aid, a core element of access to justice, is supported by a sustainable and resilient legal aid market, where capacity meets demand.”
“It is concerning that MoJ continues to lack an understanding of whether those eligible for legal aid can access it, particularly given available data, which suggest that access to legal aid may be worsening,” he added.
A spokesperson for the Ministry of Justice said: “Our priority has always been to ensure legal aid is available to those who need it most – evidenced by the fact that in the last year alone, we have spent nearly £2bn helping people facing legal difficulties, including thousands of families and domestic abuse victims.”
“This month alone, we announced proposals for a £21.1m pay boost for criminal legal aid lawyers and we have already increased most criminal legal aid fees by 15 per cent – ensuring representation is available when needed. This is on top of our ongoing root-and-branch review into civil legal aid.”
“We will now consider the NAO’s findings closely and report back in due course,” they added.