Legal aid access for digitally excluded

#42 —

Justice Committee

Recommendation: The Government should consider enabling the Legal Aid Agency to provide specific support to legal aid providers to bring in trainees. This support should be targeted to areas where there is a particular shortage of specialist advice.

Gov response: As part of our ongoing work considering the sustainability of the civil legal aid market, we are considering how best to support the legal aid workforce. This includes consideration of funded posts within legal aid …

Under Consideration

#38 —

Justice Committee

Recommendation: Online legal services should not be seen as a replacement for traditional face-to-face services, especially when such a high proportion of those who qualify for legal aid do not always have reliable access to digital technology. That said, we agree …

Gov response: As part of our commitment in the Legal Support Action Plan to better coordinate and signpost people to legal support, we have developed an online (guided pathway) signposting pilot intervention that provides people with support …

Under Consideration

#36 —

Justice Committee

Recommendation: The basis for the radical change required in civil legal aid requires the Government to establish the level of need for civil legal aid services in England and Wales. Once that is established, the Government needs to ensure that suppliers …

Gov response: We are already considering the sustainability of the civil legal aid market and how best to support the legal aid workforce. This includes consideration of funded posts within legal aid providers including the funding of …

Not Addressed

#35 —

Justice Committee

Recommendation: Sustainability issues for civil legal aid providers are sufficiently serious to justify a complete overhaul of the system. A number of witnesses have highlighted that a combination of number of fundamental problems rather than one or two specific issues contribute …

Gov response: We agree that the sustainability of civil legal aid providers is an important issue and are continuing to consider the best approach internally. We continue to engage with stakeholders on this issue and will engage …

Under Consideration

#33 —

Justice Committee

Recommendation: Civil legal aid, like criminal legal aid, needs the Government to take decisive action to change the approach set by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 at the start of the last decade. Without such a …

Gov response: We are already considering the sustainability of the civil legal aid system and this includes consideration of what the future civil legal aid system should look like and how it should be structured.

Not Addressed

#32 —

Justice Committee

Recommendation: We recognise the strength of Richard Miller’s suggestion that judges should be empowered to make a direction that an individual needs representation and that it should be binding on the Legal Aid Agency to provide exceptional case funding in that …

Gov response: The ECF scheme remains a vital safety net to ensure legal aid is available where there is a risk of a breach of an individual’s rights under the ECHR. We are already working to make …

Not Addressed

#30 —

Justice Committee

Recommendation: We welcome the Government’s decision to review the means test for both civil and criminal legal aid. There is a strong consensus among witnesses that any revised means test for civil legal aid should be simpler, for example by using …

Gov response: The Means Test Review is considering the full range of means-testing criteria, including income and capital thresholds and passporting provisions for people receiving certain benefits, and will look at whether capital passporting for civil legal …

Not Addressed

#5 —

Justice Committee

Recommendation: The lack of any increase to criminal legal aid fees for solicitors over the past 20 years needs to be addressed. Sir Christopher Bellamy’s current review, commissioned by the Government, gives an opportunity to do this. Thereafter, fees and rates …

Gov response: In September 2020, we injected up to £51m per annum into the criminal legal aid system, through payments for reviewing unused material and sending cases to the Crown Court. From this, litigators are estimated to …

Not Addressed

#12 — Many calls could be digital, yet some services remain offline and customers need assistance.

Public Accounts Committee

Recommendation: While the use of digital services has increased, HMRC still estimates that 66% of telephone calls could have been handled online. HMRC said this partly reflects customer awareness of the extent of its digital services. It started a campaign in …

Gov response: The government agrees with the Committee’s recommendation. Recommendation implemented 2.2 The government agrees with recommendation 2a and is currently considering HMRC’s resourcing as part of the Spending Review. Further digitising HMRC’s customer services will enable …

Not Addressed

#3 — Understand digital service replacement capacity and ensure minimum telephone service for all customers.

Public Accounts Committee

Recommendation: HMRC has been too willing to let its telephone services fail in the hope this forces people to use its digital services instead. HMRC estimates 66% of calls it receives could be handled online instead. It hopes that by encouraging …

Gov response: The government agrees with the Committee’s recommendation. Recommendation implemented HMRC encourages customers to use its online services wherever possible. However, HMRC recognises the importance of providing phone support for those who need it, including customers …

Accepted

#6 — Publish refreshed Digital Inclusion Strategy with detailed focus on older people’s digital needs.

Women and Equalities Committee

Recommendation: The Government must bring forward a refreshed Digital Inclusion Strategy. The Strategy should have a detailed focus on the needs of digitally excluded older people, including a plan for funding locally delivered digital skills provision and promoting best practice in …

Gov response: The government agrees with the Committee on the need for government action and leadership on digital inclusion, and the benefits of funding locally delivered initiatives. The government understands that digital exclusion creates new inequalities and …

Accepted

#5 — Government’s outdated Digital Inclusion Strategy fails to address older people’s digital exclusion.

Women and Equalities Committee

Recommendation: Older age is not in itself a cause of digital exclusion but strongly correlates with some of the key measures, including lack of broadband at home and non-ownership of a smartphone. There is also a large number of “hidden” digitally …

Gov response: Older age is not in itself a cause of digital exclusion but strongly correlates with some of the key measures, including lack of broadband at home and non-ownership of a smartphone. There is also a …

Not Addressed

#121 — Challenge businesses and local government to support financial inclusion for cash-reliant disabled people.

Treasury Committee

Recommendation: The Department for Business and Trade, the Ministry of Housing, Communities and Local Government and HM Treasury must work together to challenge businesses and local government to set out how they are supporting financial inclusion, particularly for people who rely …

Gov response: The Government agrees that it is important for businesses and local government to support financial inclusion, and they must uphold any legal obligations they have. It is for individual businesses to decide which methods of …

Accepted

#120 — Broaden Financial Inclusion Committee remit and regularly publish evidence on equitable cash access.

Treasury Committee

Recommendation: HM Treasury must broaden the terms of reference of the Financial Inclusion Committee on “digital inclusion and access to banking services” explicitly to address the risk that a two-tier economy will lock the digitally excluded out of the economy. HM …

Gov response: The Government recognises that while digital innovation can help many to manage their finances, it can also exclude those who don’t have the means or capability to access online services. In 2025, the FCA reported …

Not Accepted

#119 — Cash remains essential for vulnerable groups, as digital solutions may not ensure full financial inclusion.

Treasury Committee

Recommendation: Cash is an enduring payment method that many people prefer to use and on which people who do not have equal access to non-cash payment methods rely. Although technology may progress further and reduce the number of people who rely …

Gov response: The Government recognises the importance of cash for the millions of people across the UK who continue to use it, including those who may be in vulnerable groups or face difficulties in accessing alternative payment …

Accepted

#26 — Introduce Jobcentre outreach work as a core service, taking support into local communities.

Work and Pensions Committee

Recommendation: DWP needs to break Jobcentres out of their four walls. It should make outreach work, with staff taking Jobcentre services into the community and to locations that people trust, a core part of the new service. DWP should include larger-scale …

Gov response: Accept DWP recognises the value of working collaboratively within communities, operating from a range of locations, to deliver timely, tailored support to customers. We are developing and testing a Flexible Delivery Network model to address …

Accepted

#17 — Increasing numbers of unrepresented litigants affect family court efficiency, despite data limitations.

Public Accounts Committee

Recommendation: The proportion of cases where neither party was represented in family courts was 39% in 2024, three times that in 2013.31 Many stakeholders who provided written submissions told us that people going through legal disputes without legal representation (litigants in …

No Published Response

#26 — Universal broadband availability is crucial for the BBC's equitable transition to online services.

Public Accounts Committee

Recommendation: The inability to maintain “universal, easy-to-access distribution” is one of the BBC’s principal risks.59 When we asked about how the BBC is preparing for the transition to online, the BBC told us that any move towards it must ensure “no …

Gov response: 5. PAC conclusion: The BBC’s mission to ‘serve all audiences’ is at risk as younger audiences choose other media providers, while the BBC’s digital-first strategy could risk alienating non digital audiences. 5. PAC recommendation: The …

Under Consideration

#5 — Set out plans to ensure access and engagement with all audiences, including digital innovation.

Public Accounts Committee

Recommendation: The BBC’s mission to ‘serve all audiences’ is at risk as younger audiences choose other media providers, while the BBC’s digital- first strategy could risk alienating non digital audiences. As younger viewers turn to other platforms and older or less …

Gov response: The BBC agrees with the Committee’s recommendation. Recommendation implemented The BBC is committed to delivering outstanding value to all audiences as a universal public service, and to serving younger digital-first audiences and making services available …

Accepted

#14 — LAA explores contract barriers and funds travel to improve legal aid access for vulnerable.

Public Accounts Committee

Recommendation: We asked MoJ and LAA for an update on what they are doing to ensure that different groups can access legal aid, particularly those for whom remote advice may not be suitable. LAA explained that since the previous Committee’s evidence …

Gov response: 3.1 The government agrees with the Committee’s recommendation. Target implementation date: October 2026 3.2 The Committee’s report notes that the Legal Aid Agency (LAA) has begun to explore what it can do to remove barriers …

Accepted

#13 — MoJ failed to detail alternative legal aid routes for those unable to use remote advice.

Public Accounts Committee

Recommendation: In its Treasury Minute response to our predecessor’s 2024 report, MoJ acknowledged that while remote advice can be effective, some people will always require face-to-face advice. It said that it had worked with stakeholders to identify safeguards and better understand …

Gov response: 3.1 The government agrees with the Committee’s recommendation. Target implementation date: October 2026 3.2 The Committee’s report notes that the Legal Aid Agency (LAA) has begun to explore what it can do to remove barriers …

Accepted

#12 — Legal aid deserts' and remote advice disproportionately exclude vulnerable groups from justice.

Public Accounts Committee

Recommendation: Our predecessor Committee’s May 2024 report on legal aid in England and Wales raised concerns around access to legal aid advice in areas of the country lacking face-to-face provision of legal aid. Where there are gaps in provision MoJ and …

Gov response: 3.1 The government agrees with the Committee’s recommendation. Target implementation date: October 2026 3.2 The Committee’s report notes that the Legal Aid Agency (LAA) has begun to explore what it can do to remove barriers …

Response Pending

#1 — Committee reviewed HMP Dartmoor lease, legal aid provision, and LAA cyberattack management.

Public Accounts Committee

Recommendation: We took evidence from the Ministry of Justice (MoJ), HM Prison and Probation Service (HMPPS) and the Legal Aid Agency (LAA) to follow up on our recent scrutiny of several topics. This included HMPPS’s management of the lease renewal at …

Gov response: The government agrees with the Committee’s recommendation. comprehensive time-bound plan to be more systematic in supporting fee-charging public bodies, which will be shared with the Committee. As part of its remit, and as set out …

Accepted

#3 — Require MoJ and LAA to set out plans for digitally excluded legal aid access and provision.

Public Accounts Committee

Recommendation: We are not satisfied that MoJ and the Legal Aid Agency (LAA) are doing enough to ensure that people eligible for legal aid can access it, particularly those who are digitally excluded. This Committee previously raised concerns that LAA’s reliance …

Gov response: The government agrees with the Committee’s recommendation. the new arrangements to reduce the time and complexity of amending fees.

Accepted

#24 —

Work and Pensions Committee

Recommendation: As well as impacting the labour market, the adoption of new technology is likely to affect the way DWP delivers its services. As DWP moves more of its services online, it must ensure that people with low digital literacy, who …

Gov response: Throughout the pandemic, Jobcentres have remained open for anyone who needed face-to-face support and could not be helped in any other way. Since 12 April 2021, Jobcentres in England and Wales have resumed full face-to-face …

Not Addressed

#43 —

Justice Committee

Recommendation: If the Government were to accept the recommendations we have made on how to approach criminal and civil legal aid it will be necessary to address the Legal Agency Aid’s priorities, its institutional capacity and how it uses its resources. …

Gov response: MoJ and LAA will continue to work together to identify any further opportunities in this area.

Under Consideration

#41 —

Justice Committee

Recommendation: The Government should consider creating a system of earned autonomy that places more trust in the decision making of providers with strong records of high-quality decision making. The Agency’s processes should have some incentives for providers to work towards gradually …

Gov response: The LAA takes a proportionate and reasonable approach to contract management and assurance. The LAA seeks a balance between having confidence in the quality and compliant service provided to clients, the use of public funding, …

Not Addressed

#37 —

Justice Committee

Recommendation: However, it is not a question of simply raising fees, but rather making better use of the resources available. We believe that the best way of ensuring value of money is to focus on expanding the capacity of those providers …

Gov response: We are already considering the sustainability of the civil legal aid market internally. As part of this work, we are considering whether different funding models might be appropriate in some instances.

Not Addressed

#31 —

Justice Committee

Recommendation: The Exceptional Case Funding system should be reformed.

Gov response: Following the post-implementation review of LASPO in 2019, we committed to review the application process for Exceptional Case Funding, and this work is currently ongoing within the Ministry of Justice. This includes improving signposting and …

Not Addressed

#9 —

Justice Committee

Recommendation: The predominance of inadequate fixed fees in the current framework is problematic. The structure of the fees does not reflect the complexity of the work required, nor does it incentivise firms to take on the most difficult cases at an …

Gov response: The Criminal Legal Aid Independent Review’s Terms of Reference include a section on ‘fee review’ which is considering whether a mechanism to review fees might ensure they are flexible, can adapt to changing market conditions, …

Not Addressed

#8 —

Justice Committee

Recommendation: The justice system needs talented lawyers from all backgrounds to choose to practise criminal law and for the professions to be able to retain them. In 2018, The Future of Legal Aid 67 our predecessor Committee stated “that current difficulties …

Gov response: as part of his Independent Review, including provider diversity and what the barriers to entry, retention and career advancement within the Criminal Legal Aid profession are for individuals with protected characteristics or from lower socio-economic …

Under Consideration

#7 —

Justice Committee

Recommendation: There are serious problems with the current fee schemes for criminal legal aid. The fees and rates do not reflect the work required. The schemes should be reformed to ensure that they offer a fair rate for the work required …

Gov response: In September 2020, we injected up to £51m per annum into the criminal legal aid system, through payments for reviewing unused material and sending cases to the Crown Court. From this, litigators are estimated to …

Not Addressed

#6 —

Justice Committee

Recommendation: The criminal justice system will be stronger if able and experienced advocates at the criminal bar are able to do publicly funded legal aid work. The gap between private and public rates has grown substantially in the past decade, and …

Gov response: In September 2020, we injected up to £51m per annum into the criminal legal aid system, through payments for reviewing unused material and through increased funding for cracked trials and paper heavy cases. In addition, …

Not Addressed

#4 —

Justice Committee

Recommendation: There appears to be a growing imbalance between the ability of criminal defence firms to recruit and retain staff and that of the Crown Prosecution Service. It is fundamental to our adversarial justice system that criminal defence services have sufficient …

Gov response: as part of his Independent Review into Criminal Legal Aid, including profitability (and hourly rates of pay in comparison to the Crown Prosecution Service reward package) and the provider pipeline. We will address this issue …

Under Consideration

#3 —

Justice Committee

Recommendation: Without significant reform there is a real chance that there will be a shortage of qualified criminal legal aid lawyers to fulfil the crucial role of defending suspects and defendants. This risks a shift in the balance between prosecution and …

Gov response: as part of his Independent Review into Criminal Legal Aid, including market composition and the provider pipeline. We will address this issue in our response to his review and have committed to responding to the …

Under Consideration

#21 —

Culture, Media and Sport Committee

Recommendation: The services and spaces offered by public libraries remain an important part of a community’s infrastructure for people who are digitally excluded or who live in deprived neighbourhoods.

Gov response: As noted above, we are pleased to see that the Select Committee recognises the value of public libraries and the important role that they play as part of local community infrastructure, both through what they …

Not Addressed

#11 — Increase funding for asylum legal aid to ensure specialist support for complex claims nationwide.

Women and Equalities Committee

Recommendation: We recommend the Government increases funding for asylum legal aid to ensure specialist support is available for claimants across the UK during the initial determination process, particularly for sexual orientation and gender identity, sexual and gender-based violence and abuse, and …

Gov response: In relation to the recommendation at paragraph 82, the Ministry of Justice is undertaking a Review of Civil Legal Aid to identify evidence-based options for moving to a more effective, efficient and sustainable system for …

Not Addressed

#10 — Lack of expert legal representation for complex asylum claims causes poor decisions and appeals.

Women and Equalities Committee

Recommendation: There is a lack of access to expert legal representation for people claiming asylum in the UK. This is particularly problematic in relation to complex claims, often involving sexual orientation or gender identity, religious belief or renunciation of belief, and …

Gov response: In relation to the recommendation at paragraph 81, the Government acknowledges the importance of ensuring the availability of legal aid provision for people claiming asylum in the UK. Access to justice is a fundamental right …

Not Accepted

#9 — Remote legal aid provision's suitability for vulnerable groups remains unclear without data.

Public Accounts Committee

Recommendation: LAA explained that for some places where there are local gaps in legal aid providers, people could seek remote advice from providers elsewhere in the country, providers in neighbouring areas or via its telephone service. MoJ stated there were some …

Gov response: 1.1 The government agrees with the Committee’s recommendation. Target implementation date: Spring 2026 1.2 The Legal Aid Agency (LAA) monitors the supply and distribution of providers; holds regular qualitative discussions with providers which includes their …

Not Addressed

#8 — Persistent "legal aid deserts" reduce face-to-face access to legal aid services nationwide.

Public Accounts Committee

Recommendation: Stakeholders, including the Law Society, have often raised concerns about “legal aid deserts”, where large geographical areas do not have a legal aid provider for a particular category of law.19 For example, 183 local authorities had no legal aid provider …

Gov response: 1.1 The government agrees with the Committee’s recommendation. Target implementation date: Spring 2026 1.2 The Legal Aid Agency (LAA) monitors the supply and distribution of providers; holds regular qualitative discussions with providers which includes their …

Accepted

#7 — Legal aid agencies lack demand and capacity data, hindering understanding of access issues.

Public Accounts Committee

Recommendation: Neither MoJ nor LAA estimate demand for legally aided services, nor do they capture routine data on whether providers are turning potential clients away.12 MoJ and LAA told us that this was partly because they do not want to place …

Gov response: 1.1 The government agrees with the Committee’s recommendation. Target implementation date: Spring 2026 1.2 The Legal Aid Agency (LAA) monitors the supply and distribution of providers; holds regular qualitative discussions with providers which includes their …

Accepted

#4 — Ensure financial eligibility thresholds for legal aid are routinely reviewed and swiftly implemented.

Public Accounts Committee

Recommendation: The Ministry of Justice has been slow to review financial eligibility thresholds, leaving fewer people eligible for legal aid, and it has not set out how it plans to review thresholds in future. One of the aims of MoJ’s 2013 …

Gov response: The government agrees with the Committee’s recommendation. reviewing income and capital thresholds for legal aid within three to five years of the new means test coming into operation (full implementation is not expected before Summer …

Accepted

#3 — Monitor Illegal Migration Act's impact and assess Exceptional Case Funding efficiency for immigration.

Public Accounts Committee

Recommendation: We are concerned about access to legal aid for immigration matters which often involve extremely vulnerable people, and the effectiveness of the Exceptional Case Funding (ECF) scheme for some of these cases. Organisations including the Immigration Law Practitioners’ Association provided …

Gov response: The government agrees with the Committee’s recommendation. offices. It takes actions available to them when potential issues appear. For example, the LAA customer service team is working to support those direct applicants that may not …

Accepted

#15 — LAA acknowledges persistent legal aid gaps in housing and debt, with flawed capacity assessments.

Public Accounts Committee

Recommendation: LAA did, however, acknowledge that there are still gaps in securing sufficient provision of legal aid across the country, particularly for housing and debt advice.30 MoJ explained that LAA is currently meeting its standard of ensuring there is at least …

Gov response: 3.5 The government agrees with the Committee’s recommendation. Target implementation date: October 2026 3.6 The department recognises the Committee’s concern about legal aid provision, and the department would draw the Committee’s attention to the letter …

Partially Accepted

#82 — Provide victims of trafficking with earlier, better legal aid, including currently out-of-scope areas.

Home Affairs Committee

Recommendation: We recommend that the Government provides victims of human trafficking with earlier and better access to legal aid. This must include the following areas that are currently ‘out of scope’: pre-NRM immigration advice; advice on identification as a victim of …

Gov response: The Government is committed to ensuring victims are enabled and empowered to engage with the Criminal Justice System. All potential victims of modern slavery with a positive Reasonable or Conclusive Grounds decision have access to …

Accepted

#13 —

Women and Equalities Committee

Recommendation: There are known barriers to applying to Universal Credit. These have been thrown into sharp focus by the pandemic. Given that the country has now exited two national lockdowns and continues to be subject to covid-19 restrictions, it is critical …

Gov response: The Universal Credit On-line service has been developed to work equally well on a laptop or handheld device. All user testing has been conducted with users who access the service through all devices. The service …

Not Addressed

#24 —

Justice Committee

Recommendation: It is unacceptable that the people who have been bereaved are not entitled to automatic non-means tested legal aid at inquests into multiple deaths following a public disaster. These inquests are complex and ‘equality of arms’ is a fundamental requirement …

Gov response: The Government believes that inquests should remain inquisitorial in nature and that legal representation should not be necessary at all inquests. However, the Government will be considering its approach to legal aid for inquests as …

Under Consideration

#40 —

Justice Committee

Recommendation: We welcome the Legal Aid Agency’s work to respond to legal aid providers concerns in relation to the “culture of refusal”. We also recognise their commitment to ensure that taxpayers’ money is managed properly. We acknowledge that the staff and …

Gov response: the Ministry of Justice need to revaluate the Legal Aid Agency’s priorities. By asking the Agency to prioritise the “error rate” over other considerations, particularly access to justice and the sustainability of providers, the Government …

Under Consideration

#39 —

Justice Committee

Recommendation: We commend the Legal Aid Agency for its work supporting legal aid providers since the start of the pandemic. The approach taken by the Agency and its staff shows that it can be flexible and proactive if the circumstances allow. …

Gov response: We are pleased that the Committee has recognized the efforts made by the Legal Aid Agency (LAA) since the start of the pandemic to support legal aid providers. The LAA implemented over 40 contingency measures, …

Not Addressed

#18 —

Justice Committee

Recommendation: The Government should consider how technology can be used to increase the accessibility of legal advice to suspects and defendants. The Government should also consider developing a scheme to enable criminal legal aid providers to upgrade their digital capacity.

Gov response: Sir Christopher Bellamy QC is considering the efficiency and transparency of the criminal legal aid market as part of his Independent Review into Criminal Legal Aid, including looking at how legal aid can be made …

Not Addressed