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Guidance: Review of Civil Legal Aid

Ministry Of Justice

January 24
09:17 2024

About the Review

The Ministry of Justice is undertaking a Review of Civil Legal Aid.

The Review is considering the civil legal aid system in its entirety, from how services are procured, how well the current system works for users and providers, and how civil legal aid impacts the wider justice system.

To support policy development, the Review will include 4 analytical workstreams to adopt a comprehensive data-gathering approach:

This workstream is assessing how the market is currently functioning and identifying the root causes of its problems. It works to form an assessment of the market based on demand trends in the civil legal aid system, supply, how incentives affect different types of providers, and market competitiveness. The workstream aims to form an evidence base for structural changes that will enhance efficiency, effectiveness, and sustainability. This workstream has been contracted to an external supplier, PA Consulting.

2.Comparative analysis of systems in other countries

This workstream is conducting a comparative analysis of civil legal aid systems in six countries (Australia, Canada, Finland, The Netherlands, Scotland and The USA). The goal is to identify promising approaches to improve the efficiency and effectiveness of delivering civil legal aid and access to justice in England and Wales. This workstream has been conducted by the Open Innovation Team (an in-Government consultancy service).

3.A series of data publications

These will be a series of documents summarising key descriptive information about the provision of civil legal aid services, with a focus on changes over time. Starting with an overview of the market based on data sharing agreements with The Law Society and Bar Council, subsequent reports will provide deep dives into key challenges and areas of interest. The data publications are being produced internally by the MoJ.

4.Social research of user journeys

This workstream comprises qualitative research with people who have previously accessed civil legal aid, those who support legal aid users, and legal aid practitioners. Through these different perspectives, the research aims to explore users experiences of civil legal aid, to identify issues from a user perspective, and to provide an evidence base for policy development. A review of existing literature on the user experience is also being undertaken.

The Review of Civil Legal Aid will publish reports for all workstreams, releasing evidence papers on this website ahead of the conclusion of RoCLAs evidence building phase.

Policy development is taking place alongside the research workstreams, consolidating the four analytical workstreams and ensuring they fit with RoCLAs overarching objectives and support the MoJs strategic vision for the future of the Civil, Family and Tribunal justice system. Policy development will continue after the conclusion of the Reviews evidence building phase. We will then hold a public consultation.

Throughout the process, the MoJ will engage with stakeholders to ensure that all findings are relevant and based on a thorough understanding of the issues affecting the civil legal aid system, and to test policy thinking.

The Review will enable the government to develop options for shaping a more effective, efficient, and sustainable system for legal aid providers and the people who rely on legal aid.

Call for evidence

The Review of Civil Legal Aid has launched a call for evidence, opening on 10 January 2024 and closing on 21 February 2024. We are inviting interested parties at the heart of the civil legal aid system to submit evidence that will inform the Review, strengthening its evidence base and feeding into the development of short and long-term policy solutions.

Latest from the Review

The Review of Civil Legal Aid: Provider Survey Report produced by PA Consulting was published on 19 January.

Terms of Reference

Further information on the purpose, outcomes and scope of the Review as a whole can be found in the Overarching Terms of Reference for the Review of Civil Legal Aid (PDF, 125 KB, 6 pages).

Information on the Economic Analysis can be found in the Terms of Reference for an Economic Analysis of Civil Legal Aid (PDF, 114 KB, 5 pages).

Published 30 January 2023
Last updated 24 January 2024 +show all updates
  1. About the review section updated and latest from the review section added.

  2. Interviews section added.

  3. Provider survey launched.

  4. Overarching Terms of Reference published.

  5. First published.

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