Final policy decisions on how to save civil legal aid will not emerge until late 2024, terms of reference for the government’s review of the increasingly fragile sector appear to confirm. 

Details of the purpose, outcomes and scope of the review appear in a document entitled ‘Terms of reference for an economic analysis of civil legal aid’ published by the Ministry of Justice yesterday.

The review will comprise an economic analysis of the structure of the civil legal aid market and comparative analysis of civil legal aid systems in other countries. The team will be asked to identify options that ensure the civil legal aid system is: quick and easy to access, encourages early dispute resolution where appropriate; technologically adept and adaptive; and widely respected. Options should also offer a 'financially viable business option for legal aid providers'.

The document includes a timetable for the phases of the review, with estimated durations. The tender for external research will take three months. The economic analysis and comparative research will take seven months. Policy consideration will take five months, as will the development of assessment and criteria for a call for evidence. The call for evidence will last four months and the government will spend three months considering the final policy.

The document states that the timetable may be adapted. However, ‘the general aim is to conclude the outcome by 31 March 2024’. Asked to clarify this particular line, the Ministry of Justice told the Gazette that the economic analysis and comparative research will be completed by 31 March 2024. Any proposals, call for evidence and final policy decisions will come after this date.

The Law Society welcomed publication of the terms of reference. ‘We are particularly pleased that the terms of reference acknowledge the importance of civil legal aid services being a financially viable business option for legal aid providers,’ a spokesperson said. However, we urge the government to invest immediately in civil legal aid to shore up access to justice for those in need now as the review is not expected to report until 2024.’

Government figures show the number of civil legal aid providers has plummeted over the years. In February 2022, 1,369 providers had civil contracts, down from 2,134 in April 2012 - a year before the Legal Aid, Sentencing and Punishment of Offenders Act came into force. The LAA has repeatedly had to plug gaps in advice provision, particularly in housing.