Research from the Law Society of England and Wales highlights how Legal Aid Agency bureaucracy is placing additional pressures on providers and diverting time away from clients. Society president Mark Evans explains why investment in family legal aid should form a central part of efforts to improve outcomes for vulnerable families, and sets out practical steps the UK government can take to ensure family legal aid remains a sustainable career choice for solicitors.
On 17 July, the Justice Select Committee published a damning report warning that the declining availability of legal aid is creating an unacceptably high risk of miscarriages of justice and undermines the efficient administration of the courts.
The news came as no surprise to the Law Society, which has long campaigned for increased investment in the justice system.
Legal aid is a crucial public service. When legal aid works properly, it helps people solve legal problems early and ensures the justice system works fairly for us all.
The report laid bare the consequences of years of underinvestment in legal aid. Access to justice has been severely eroded, leaving too many people unable to obtain the legal advice and representation they need.
The Law Society’s own research has found that across England and Wales, people cannot access free legal advice because there are not enough legal aid providers in their area.
Indeed, the figures highlight the shortage of legal aid provision in our communities. Eighty-eight per cent do not have access to a local education provider, 69% do not have access to a local community care provider and 41% do not have access to a local housing provider.
The Committee’s recommendations to government included urgently increasing financial eligibility thresholds, investing in early advice and representation where needed, rebuilding court capacity and properly funding criminal, civil and family legal aid.
Family legal aid
If the government is serious about halving violence against women and girls, improving access to family legal aid must be central to the Family Justice Strategy.
The Law Society’s campaign – Legal Aid Means – is focused on securing urgent funding for legal aid that supports families navigating separation or crisis.
The government can help parents facing an uphill struggle, secure the best outcomes for children in child arrangement orders and support domestic abuse survivors in keeping their children safe.
Chronic underinvestment has forced legal aid solicitors out of the sector, meaning more of us are denied expert legal advice and support.
The number of people representing themselves in the family courts has more than tripled between 2013 and 2026, while family disputes are not being resolved out of court and referrals to legal aid mediation have dropped by 56%. Legal aid fees have not increased since 1996 and were cut by 10% in 2011.
What we’re doing for solicitors
In 2024, the Law Society conducted an in-depth study with Frontier Economics to understand the financial realities civil legal aid providers are facing.
The research found that 47% of family legal aid providers were loss-making and civil legal aid work is loss-making for 82% of the providers sampled.
The impact of a lack of profitability has contributed to wider challenges, including recruitment and retention difficulties, leading to an ageing supervisory cohort and a thin pipeline of talent entering the sector.
Meanwhile, in the last 15 years, the number of solicitor offices starting legal aid work has almost halved.
Despite the evidence, the government did not implement the significant increases the Law Society called for across all areas of legal aid.
This was only partially rectified when, for the first time in 30 years, the government raised fees for solicitors working in housing and immigration in December 2025.
Legal Aid Agency bureaucracy
Fees are just one issue facing providers of legal aid services. Another is reducing the costs firms incur through unnecessary bureaucracy.
We recently launched research which aims to make arguments to cut unnecessary administrative burdens. This will enable practitioners to spend more time supporting clients and improving the sustainability of their legal aid work.
Our members have told us there is far too much red tape that is hampering their day-to-day businesses.
I encourage solicitors working in legal aid to take part in this research and help key decision-makers in government better understand the steps they can take to make legal aid work more economically viable for firms.
Looking ahead
While the picture may appear stark, the Law Society will continue to fight for civil legal aid practitioners, making the most of new opportunities to lobby the government to act for the common good and invest across all areas of legal aid
About the author
Mark Evans is the 181st president of the Law Society of England and Wales and council member for North Wales. He practised property and private client law for more than 28 years, working in North Wales and Chester. Currently, he teaches various courses on real estate, private client and professional skills at the University of Law. Mark was a member of the Law Society’s Wales Committee for nine years and acted as chair for four of those years.
