Law Society expresses ‘anger’ at delayed Legal aid means test change

The Law Society of England and Wales has expressed ‘anger’ at changes to the legal aid means test being delayed until 2026, which they say ‘shows the UK government is continuing to refuse to commit resources to the justice system’.

The legal aid means test has not been updated in line with inflation since 2009. Since then, prices have risen by 40%. This means fewer people are eligible for legal aid each year and may be unable to access justice.

Law Society president Nick Emmerson said:

“The government is displaying a pattern of behaviour of refusing to commit resources to the justice system resulting in unmet legal need.

“They have already acknowledged there are issues with the current means test, leaving ordinary people without access to justice.

“Frequently blamed for the continued delays is the Legal Aid Agency’s antiquated IT systems – which are causing implementation problems. This is itself evidence of the long-term neglect of our justice system.

“’The system is ‘slowly coming apart at the seams,’ the High Court said in the Law Society’s successful Judicial Review of the government’s response to the Criminal Legal Aid Independent Review.***

“Yet the government continues to refuse to commit additional funding, leaving the criminal justice system at the point of collapse.”

Law Society research suggests that people on incomes below the minimum standard are being excluded from legal aid, meaning families living below the poverty line are failing to meet the extremely restrictive thresholds to get legal aid. Another barrier to getting justice is the value of people’s home being taken into account in the means test assessment, even though they cannot access this money.

On civil legal aid, Emmerson concluded:

“The Civil Legal Aid Review has also been subject to delay after delay. Civil legal aid providers are questioning their ability to stay in the profession with 40% of providers telling the government**** that they will actively leave the sector.

“The system is in a precarious state and ultimately the ones who will suffer are those trying to seek justice.

“This means that poverty-hit families are being denied vital help to fight eviction, tackle severe housing disrepair and address other life-changing legal issues.

“We need decisive action and we need it now, so the people the government represents can get free legal help when they need it.”

However, Lord Chancellor Alex Chalk has praised recent Legal Aid reforms and says the means test review will be brought forward to this year, leading the changes could happen this year.  With a particular focus on those who have suffered a miscarriage of justice.

Tailored measures will ensure certain compensation types no longer automatically make victims of miscarriage of justice ineligible for legal aid when they seek to hold  authorities to account in the courts.

Currently, compensation payments made through the miscarriage of justice compensation scheme are automatically means-tested as part of the legal aid process. This can result in victims delaying applications for compensation while they pursue justice through the courts.

Lord Chancellor and Secretary of State for Justice Alex Chalk said:

“Innocent people who have suffered miscarriages of justice, personal harm or injury will benefit from changes to legal aid means testing coming into effect this year.

“No longer will certain compensation payments make people ineligible for legal aid support and access to justice.”

Under the plans, any victim who has been forced to leave their home temporarily for their own safety will have the first £100,000 of the equity in their house disregarded from the means assessment.

Backdated welfare benefits and child maintenance payments will also be subject to a disregard, meaning more vulnerable victims will qualify for legal aid.