Mind the legal aid gap

News

A growing number of people are forced to represent themselves in court as they are deemed too ‘rich’ for legal aid.

The Law Society of England and Wales urges the government to further invest in civil legal aid to avoid people having to represent themselves in court, particularly in cases of domestic abuse.

According to the latest figures published by the Ministry of Justice* today, there were 9,374 domestic violence orders made in January to March 2025, an increase on the same period last year.

Without civil legal aid, many are forced to represent themselves in court, and become litigants in person (LiP).

In cases of domestic abuse, the court is obliged to appoint a qualified legal representative to cross-examine the victim, rather than allowing the perpetrator to do so**.

When a representative cannot be found, the judge has to do the cross-examination. The downside is that it takes away from the judge’s role as an independent decision-maker.

If legal aid was available, it would ensure a level playing field with proper legal representation for both parties.

From January to March 2025, no legal representation was present in 40% of private law cases, a significant increase since the Legal Aid Sentencing and Punishment of Offenders Act (LASPO) was passed.

The scheme of qualified legal representatives is struggling to fulfil its purpose and putting further pressure on family courts. An urgent review is needed.

Law Society president Richard Atkinson said: “Civil legal aid is a crucial public service that ensures we can all be supported during some of the most difficult moments in our lives.

“Our research shows that people who experience domestic abuse are less likely to understand their legal rights or know where to obtain legal advice compared to people with other legal issues***.

“Easy access to civil legal aid allows survivors to seek out legal advice sooner, knowing that a solicitor will be available to help them.

“We are calling on the government to invest in the civil legal aid system to better support survivors, by extending legal aid to all family cases where there are domestic abuse allegations. Immediate action will level the playing field, help to maintain a strong justice system and protect whole communities.”

Notes to editors

*Figures taken from the Family Court Statistics Quarterly: January to March 2025

**Section 65 Domestic Abuse Act 2021.

***Law Society, LSB, YouGov, Legal Needs Survey dataset 2023 on domestic abuse.

Read more about how to join the Law Society’s civil legal aid campaign.