Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what was the average cost per case to the public purse of providing legal aid in family proceedings for which the latest data is available.

For financial year 2024-2025 the average legal aid expenditure in family proceedings(1) was £4,551 for private family law cases e.g. proceedings concerning child arrangements orders and £10,058 for public family law cases e.g. care and supervision proceedings brought by the local authority. These figures are derived from Civil Representation expenditure data published as part of the LAA’s official statistics.

Under the 2013 Civil Legal Aid (Financial Resources and Payment for Services) Regulations individuals may be assessed as liable to make a contribution towards the cost of their legal aid case from either income or capital. In 2024-2025, in cases where an individual was assessed as liable to make a contribution, the average contribution collected in relation to family cases was £1,019.

Under section 25 of the Legal Aid Sentencing and Punishment of Offenders Act 2012 individuals who recover or preserve money in civil legal aid proceedings are required to repay the cost of their legal aid case from the money recovered (unless exempt under regulations). This is known as the statutory charge. In 2024-2025, for cases subject to the statutory charge, the average amount recovered in respect of family cases was £7,409. Recovery of the statutory charge can be postponed in certain limited circumstances and so recoveries made may not necessarily relate to cases funded in the same period.

(1) As defined in the 2024 Standard Civil Contract: Category Definitions.