The Ministry of Justice has announced a delay in implementing certain reforms to the legal aid means test until 2026, signalling the government’s further neglect of the justice system. The President of the Law Society, Nick Emmerson, said this was evidence of the government’s ‘consistent refusal’ to allocate resources to an ailing justice system.

One aspect of the reform relates to the Means Test Review, aiming to expedite measures for enhancing access to justice. The means test was last adjusted for inflation in 2019. However, its failure to adapt to the current economic climate has resulted in fewer and fewer people qualifying for legal aid.

The legal aid means test has not been updated in line with inflation since 2009. Since then, prices have risen by 40%. This means fewer people are eligible for legal aid each year and may be unable to access justice.

The Justice Secretary, Alex Chalk, said adjusting the means test will benefit potential victims of miscarriages of justice, but the timeline for implementation will now take longer than was initially envisaged. Emmerson stressed in a statement that the system is ‘in a precarious state’, and those who are trying to seek justice will suffer the most. He said the government’s refusal to fund criminal justice appropriately was leaving it ‘at the point of collapse’.

This delay may prompt civil legal aid providers to assess their capacity to provide legal services in what continues to be an underfunded and broken system. Emmerson warned that this could result in innocent individuals being unable to access justice promptly, such as families facing evictions or housing disrepair issues. He stressed the urgency of taking immediate action to address these concerns.