Barristers and solicitors are issuing warnings to the new government regarding the ongoing dispute over legal aid funding, with threats of potential industrial action looming. The Criminal Bar Association and the Law Society are both expressing concerns over the financial viability of the current legal aid system, which has seen a significant decline in funding over the past decade.
The National Audit Office reports that legal aid funding has dropped by 28% in real terms over the last ten years, leading to remuneration fees for lawyers involved in civil cases to be only half of what they were in 1996. This has resulted in a decrease in the number of lawyers willing to take on legal aid cases, further limiting access to legal aid for those in need.
The Criminal Bar Association has urged the government to release an independent report assessing the state of criminal legal aid, warning of potential industrial action if the report’s recommendations are not implemented. This threat of strikes echoes previous actions that brought parts of the justice system to a standstill in 2022 over similar legal aid disputes.
Additionally, the Law Society is advising law firms to reconsider the viability of taking on criminal legal aid work unless meaningful action is taken by the government. The society’s president emphasized that the system is no longer sustainable based on goodwill alone and that financial viability is now a significant concern.
Despite these warnings and calls for action, the government has not addressed the previous administration’s decision to not raise defense solicitors’ legal aid fees as recommended by a major review. The government has asked law firms to bid for 10-year legal aid contracts, but senior justice figures are concerned about the backlog in crown courts that is leading to trial dates being scheduled as far out as 2027.
The Ministry of Justice acknowledges the challenges facing the justice system and the legal aid system but has not provided concrete plans for addressing the funding issues. The lack of transparency and delays in funding increases have left many legal professionals feeling ignored and frustrated.
As the legal aid funding row intensifies, legal professionals are considering their next steps, including potential industrial action and scaling back on legal aid services. The future of the legal aid system remains uncertain, with concerns about its sustainability growing among legal professionals and justice figures alike. Without urgent action and investment from the government, the legal aid system risks collapsing, leaving many individuals without access to essential legal support.
