Review of Civil Legal Aid
The Review of Civil Legal Aid will explore options for improving the long-term sustainability of the civil legal aid system.
Applies to England and Wales
About the Review
The Ministry of Justice undertook a Review of Civil Legal Aid, which launched in January 2023.
The Review considered the civil legal aid system in its entirety, from how services are procured and how well the current system works for users and providers, to how civil legal aid impacts the wider justice system.
To support policy development, the Review included four analytical workstreams as its comprehensive data-gathering approach:
1. Economic analysis of the functioning of the civil legal aid market
This workstream aimed to assess the current functioning of the civil legal aid market and identify the root causes of its problems. The research for this workstream was conducted by a research firm/consultancy, PA Consulting.
Two reports have been published from this workstream.
The Provider Survey Report (published in January 2024): This report presents the findings of a qualitative survey conducted in October 2023, exploring the experiences of providers, their motivations for working in legal aid, and the barriers they face. The survey received 228 responses, representing approximately 18% of the civil legal aid market at the time.
The Market Research Report (published in November 2024): This report examines key issues in the civil legal aid market, such as demand and supply trends, recruitment and retention, and the financial viability of providing civil legal aid for providers. These issues are analysed to provide insights into the overall health and sustainability of the civil legal aid market.
2. Comparative analysis of domestic and international civil legal aid systems
This workstream involved a comparative analysis of six domestic and international civil legal aid systems: Australia, Canada, Finland, the Netherlands and the USA, and within the United Kingdom, Scotland. The goal was to identify promising approaches to delivering civil legal aid to inform policy development for the system in England and Wales. This analysis involved collaboration with experts, practitioners, and academics from these systems. The Open Innovation Team, an in-house government consultancy service, conducted the analysis.
The workstream’s concluding report was published in March 2024.
3. Social research on user experiences with civil legal aid
This ongoing workstream aims to strengthen the evidence base on user experiences of the civil legal aid system. It investigates user awareness of the system, barriers to access, experiences in securing and working with a provider, and the complexities of legal aid processes. The workstream is based on social research, using insights gained from qualitative interviews with users, trusted intermediaries, and legal aid providers.
Two reports have been published from this workstream, each offering different insights by focusing on the user experience from distinct perspectives:
The first report, published in November 2024, focuses on the perspectives of users and trusted intermediaries.
The second report, published in November 2024, focuses on the perspectives of providers.
4. Data publications
This ongoing workstream aims to provide key descriptive information about solicitors and barristers who do civil legal aid. From a provider-centric view, it summarises changes in the composition of the market and demographic trends over time.
Two reports have been published from this workstream.
The Advocacy Research Report (published in November 2024): This report explores the experiences of advocates who represent civil legal aid users in court. Through qualitative interviews with advocates (barristers and non-barristers) and instructing solicitors, it delves into the factors influencing solicitors’ selection of an advocate, the incentives and disincentives advocates experience in working in civil legal aid, and their perspectives on the sustainability of civil legal aid advocacy. The research was conducted by an external research firm, IFF Research.
The Data Publications Overview Report (published in November 2024): This report provides summary data on practitioners (including barristers and solicitors) and providers in the civil legal aid market, highlighting changes in their composition over time. This analysis combines administrative data held by the Legal Aid Agency with the results of two data matching exercises: one between the MOJ and The Law Society, relating to solicitors and solicitor firms doing civil legal aid, and the second between the MOJ and the Bar Council, relating to barristers doing civil legal aid.
Terms of Reference
Further information on the purpose, outcomes and scope of the Review as a whole can be found in the .
Updates to this page
Published 30 January 2023Last updated 29 November 2024 + show all updates
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Text updated.
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About the review section updated and latest from the review section added.
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Interviews section added.
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Provider survey launched.
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Overarching Terms of Reference published.
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First published.