Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps he is taking to ensure that legal aid remains accessible.

Access to justice is a fundamental right, and in 2022/23 we spent £1.86 billion on legal aid: £926 million on civil, £873 million on crime, and £56 million through central funds (central funds provide funding for, amongst other things, Defence Costs Orders, which are made in respect of non legally-aided defendants who are acquitted, and independent cross examination of vulnerable witnesses in criminal and civil proceedings).

The Ministry of Justice published the Government Response to the Means Test Review consultation exercise in May 2023, which sets out the detailed policy decisions underpinning the new means-test arrangements.

Our changes will increase the number of people eligible for civil legal aid in England and Wales by an additional 2.5 million, with 3.5 million more people eligible for criminal legal aid at the magistrates’ court.

We have also injected up to £10 million a year into housing legal aid through the Housing Loss Prevention Advice Service (HLPAS). HLPAS provides early legal advice on housing, debt, and welfare benefits problems for anyone facing the loss of their home.

In 2023, we broadened the evidence requirements for victims of domestic abuse applying for legal aid. Special Guardianship Orders in private law proceedings were also brought into the scope of legal aid. This represented an injection of £13 million a year.

We will shortly be consulting on expanding the provision of legal aid at inquests related to major incidents where the Independent Public Advocate is appointed or in the aftermath of terrorist incidents. If implemented, this would mean that no family involved in such cases in future would face an inquest without proper legal representation.

To support and strengthen the criminal legal aid sector, in responding to the Criminal Legal Aid Independent Review, we uplifted most criminal legal aid fee schemes by 15% in 2022. We are also consulting on reforms to the police station fee scheme and the Youth Court fee scheme, for which we have allocated an extra £21 million per year. These changes increase spend by up to £141 million a year - taking expected criminal legal aid spend to £1.2 billion per year. The additional funding into the system will help contribute towards the sustainability of the market and help ensure legal aid is accessible for the future.