More than two million people to have access to civil legal aid under reforms to means test: Ministry of Justice

Over two million more people in England and Wales will have access to civil legal aid under proposed changes to the means test, the Ministry of Justice has announced.

Changes to the test – by raising the income and capital thresholds for legal aid – would also mean that 3.5 million more people will have access to criminal legal aid at the magistrates’ court.

The Ministry of Justice said the reforms would also include legal representation being made free:

• for all under-18s “for the first time ever”;
• for parents challenging doctors over withdrawal of their child’s life support;
• for families at inquests where there has been a potential breach of human rights.

The MoJ said the reforms would also include: a restructuring of the fee schemes “so they properly reflect the work that legal professionals do today”; an extra £135m into the criminal legal aid sector (as recommended by the independent review led by Sir Christopher Bellamy QC); and the creation of an Advisory Board, “which will represent all parts of the profession, helping shape criminal legal aid policy moving forward”.

The Ministry suggested the changes would make the legal aid system sustainable for the future.

Justice Secretary Dominic Raab said: “We owe our whole legal profession – solicitors, barristers, court staff and judiciary – a debt of gratitude for keeping the wheels of justice turning over the last two years.

“That’s why we are accepting Sir Christopher Bellamy’s recommendation for an uplift in fees and a total of £135 million extra investment to ensure legal representation is there for those who most need it as we build back a stronger and fairer society after the pandemic.”