Civil legal aid: MoJ consults on higher fees

The Ministry of Justice has finally begun the process for injecting further cash into the fragile civil legal aid sector by opening a consultation on higher fees for housing and immigration lawyers.

Lord chancellor Shabana Mahmood announced in November a minimum 10% uplift in civil legal aid rates – the first increase in nearly 30 years - for those working in the housing and immigration sectors as part of a £20m-a-year investment.

Today’s announcement states that the proposals will increase overall spend by 24% for housing work and 30% for immigration work.

The consultation, will be published later today and closes on 21 March, will also ask for evidence on how to improve the provision of remote advice and assurance of in-person advice based on client needs. 

Justice minister Sarah Sackman KC said: ‘Today’s launch marks a crucial step towards rebuilding the legal aid sector which has been left neglected for years. A key part of our Plan for Change is ensuring the legal aid sector is on a sustainable footing. These proposals will make a real difference to helping support quicker access to justice for those who need it most.’

Welcoming the fee increase, Law Society president Richard Atkinson said civil legal aid is a vital public service that protects all people and communities and reduces the strain on other public services. However, Atkinson said the fee increase 'must be followed up with further investment across all areas of civil legal aid such as assisting victims of domestic abuse and providing advice to help people obtain the social care that they need'.

The ministry has yet to make a decision on fees for the other nine civil legal aid contract areas of law, such as mental health, education, community care and discrimination. A decision is expected to be made following the chancellor’s spending review this spring.