WBG response to Ministry of Justice’s Consultation on Civil legal aid

The proposed changes to civil legal aid must be viewed through a gender equality lens – as women are disproportionately affected by domestic abuse, housing insecurity and immigration issues. A recent report by Women’s Budget Group, ‘Gender gaps in access to civil legal justice’ (2023) ¹ highlights significant barriers to access to civil legal justice (since the LASPO Act 2012) ² , including ineligibility for civil legal aid, inaccessibility and lack of awareness.

Increases to civil legal aid fees for housing, debt and immigration and asylum legal work is crucial to ensure adequate provider availability and improve access for women. These changes must be accompanied by equality impact assessments in order to ensure that there are no unintended impacts on women due to any changes. In addition, any further changes to civil legal aid should address the devastating effects of the LASPO Act 2012 on women’s access to justice, including in areas like employment discrimination and family law. Flexibility in remote legal aid delivery is crucial for women who have care, safety or mobility (affordability) issues. Data collection (by sex), consultation with women’s organisations and gender-sensitive policymaking is essential to ensure that any further changes to the civil legal aid system takes account of women’s needs and improves women’s access to civil legal justice.

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