Justice gap widened by cost of living crisis

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Research published by the Law Society shows that although proposed changes to the legal aid financial eligibility test are positive, the impact of the cost of living crisis and rises in inflation will continue affecting those using legal aid in the justice system.

Dubbed the ‘justice gap’, the Law Society expressed concerns that those who most need it will still be unable to access legal aid.

Under the current system, a single adult is not eligible for legal aid even if their income is a third less than they need, according to the Minimum Income Standard. While the proposed changes from the government raise the threshold to the level of the Minimum Income Standard, independent research from Professor Donald Hirsch at Loughborough University found that this will not be enough to support people during the current cost of living crisis.

The report points out that the ‘cost of living allowances’ in the proposals are based on benchmarks that are already outdated and would be implemented without reconsideration until at least 2026.

Find out more about the legal aid reforms in this LCN Blog: ‘Legal aid reforms 2022 – are they enough?’

Also highlighted was the impact on lone parents who will not be given enough weighting under the new plans. The report proposes that an additional income allowance for single parents would make the system more equitable and support access for people seeking protection against abuse by ex-partners.

Law Society president I. Stephanie Boyce commented, “Legal aid is a fundamental part of the British justice system. Anyone who cannot afford the legal advice and representation they need to secure justice must still be able to get it, so everyone is equally able to enforce and defend their rights.

“…Our conclusion from these findings is while we wholeheartedly support the more generous approach to legal aid means testing represented by the proposed changes, there must be more frequent and systematic inflation uprating than proposed – particularly in the present period of high inflation.”

Read Professor Hirsch’s full report: ‘More affordable justice: Proposals to reform the legal aid means tests and implications for living standards’.