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Civil legal aid provision is dwindling

Survey Findings Reveal Grim Reality of Civil Legal Aid Sector

The findings of a recent survey commissioned by the government to review the state of the civil legal aid sector have revealed a grim reality for providers. The survey, conducted by PA Consulting, gathered responses from 18% of civil legal aid providers on the Legal Aid Agency’s database.

The survey highlighted several key issues plaguing the sector, including the financial viability of providing legal aid services. Two-thirds of private practices and 37% of non-profits have stopped doing legal aid work in the past due to financial constraints. Additionally, over half of private practices do not make a profit from civil legal aid work, with many operating at a loss or breaking even.

The survey also revealed that demand for legal aid services far exceeds supply, leading to providers having to ‘cherry-pick’ cases. Despite the financial challenges, many providers continue to offer legal aid services out of a sense of altruism and commitment to helping those in need.

However, the survey also highlighted the significant pain points experienced by providers, including low fees, excessive unbillable time, fee structure rigidity, and cumbersome administration processes. Many providers expressed concerns about the long-term sustainability of the sector, with four in 10 respondents indicating they plan to quit or reduce their legal aid work in the next 12 months.

The report concluded that there is notable cause for concern over the future of the civil legal aid sector, with practitioner goodwill currently propping up the system. The Ministry of Justice will be convening focus groups with practitioners and conducting a call for evidence to further assess the challenges faced by providers.

The review’s findings raise the urgent question of how many more providers will have exited the sector by the time government proposals are put forward later in the year. Action to address the challenges faced by civil legal aid providers cannot come soon enough to ensure the sector’s long-term sustainability.

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