Sarah Sackman ©House of Commons
Sarah Sackman ©House of Commons

The government’s response to the Justice Select Committee’s access to justice report is “disappointing” and “inadequate,” according to MPs.

The Justice Select Committee has called on the Ministry of Justice to “urgently prioritise” legal aid, warning that it is a “service in managed decline”. However, in its response to a report outlining proposed changes, the Committee said that despite “giving the government an extended time to respond”, it did “not indicate which of our recommendations it accepts or rejects” and “gives no justification for this approach.” 

The Committee said the government’s “narrative response” did not confirm plans or timescales for implementation. In a joint statement the MPs on the Justice Committee said: “This is highly disappointing, and an inadequate form of response.”

The Justice Committee published its report on Access to Justice: Legal Aid in July 2026, warning of an unacceptably high risk of miscarriages of justice due to the declining availability of legal aid and rising self-representation.

It proposed income and capital thresholds for legal aid eligibility in line with the 2022 Legal Aid Means Test Review, and recommended removing the means test entirely for some civil cases, including legal representation for children, and for parents with children facing proceedings in relation to life-sustaining treatment.

The government’s response to the Justice Select Committee’s report was received in mid-October. 

According to the Committee, the government response “ignores the central proposition that it is the Lord Chancellor’s duty to “secure that legal aid is made available”, and that a way of doing this could be through the Legal Aid Agency (LAA) offering stronger contractual or financial incentives where ordinary procurement has failed.”

The Committee concluded: “We are therefore deeply concerned that the policy approach outlined in the government’s response will not adequately address the issues raised in our report. We recommended that Ministers urgently prioritise restoring legal aid as an effective, sustainable and accessible service for those who need it most. The government’s response confirms to us that legal aid is a service in managed decline.”

The Law Society president, Brett Dixon, said: “The Justice Committee’s report makes a compelling case for accessible legal aid, yet the UK government has failed to engage in good faith with its recommendations. We are pleased to see the committee recognise the government’s inadequate response, particularly around court reforms and investment in civil legal aid that covers family, housing and other everyday cases that affect people’s lives. 

“If the government is serious about halving violence against women and girls, then it must set a date to publish a Family Justice Strategy with legal aid at its heart. Access to criminal legal aid must also be central to any reform. Without it, any attempt at change risks failing people it is meant to serve.  

“Lack of criminal legal aid reform is particularly concerning while changes such as the Courts & Tribunals Bill are progressing through parliament. The government’s response suggests that the legal aid implications of the Bill are being treated as an afterthought, which could put justice out of reach for many people.” 

He added: “If our government truly believes in acting for the common good, they must guarantee that all of us – no matter where we live or how much money we have – have the functioning legal aid system that so many of us need to access justice.” 

In her response to the Justice Committee’s report, Sarah Sackman KC MP, pictured, Minister for Courts and Legal Services, writes: “Legal aid is a vital public service, and one that I recognise is facing significant challenges. We inherited a system in crisis upon taking office in 2024, one in dire need of investment, and in a tight fiscal context I have been faced with some stark choices. My priority has been stabilisation, to fix the foundations of the legal aid system, before setting about reviving it for the long term.”

She added: “I am proud of what we have achieved so far. We have made the right choices for the first two years of Government. But I know we have much more to do. I am conscious that in our response on some key issues we have indicated that the government is still working to finalise our position.”

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