On Friday, the Ministry of Justice announced the first civil legal aid fee rise since 1996, for immigration and housing work.
This development follows judicial review proceedings launched by Duncan Lewis solicitors, challenging the government’s refusal to increase fees. As part of the settlement agreement, the government agreed to review legal aid fees.
The new rates represent a minimum 10% increase, with some aspects gaining a 29% uplift. These increases affect housing, debt, asylum, and immigration work.
These increases follow the findings of the Review of Civil Legal Aid, which had noted that housing and immigration law were under ‘particularly acute pressure’. This, too, followed a report by the Law Society earlier this year, which found that housing legal aid was a loss-maker for every provider.
Other areas remain under review, with a consultation proposed for January 2025, to consider an additional £20 million investment into civil legal aid. This increase followed an announced £24 million investment in criminal legal aid. This represents approximately an 8% increase in the legal aid budget across the board.
Whilst any increase in legal aid fees has been welcomed, some have suggested it does not go far enough. Asylum Aid stated ‘further changes are still needed, including re-introducing legal aid for areas of immigration law that were removed from scope’ in austerity cuts.
Statistics from the Law Society show that a 10% increase restores legal aid to 1996 rates. It does not account for inflation.