In its submission to the government consultation on the first increase to civil legal aid fees since 1996, the Bar Council welcomes the proposed increase but said it falls far behind inflation and more will be needed.
Hourly rates for non-family civil legal aid work have not increased since 1996. In that time the consumer price index (CPI) has increased 96.8%. The proposed fee increases range from 10% - 42%. The Bar Council’s submission says the increases “fall far short of bringing fee back to 1996 levels in real terms”.
The consultation rightly identifies sustainability as a primary goal. However, the Bar Council submission also draws a stark contrast between the proposed fees for civil legal aid and the rates the government pays when it instructs civil barristers in non-legal aid work. It says: “It is not clear how the government paying half the rate for doing legal aid work than it does for doing non-legal aid work, encourages ‘the best and brightest’ to do legal aid work.”
The submission argues that housing and immigration law are complex, “requiring practitioners to master intricate statutory frameworks, evolving case law, and detailed procedural rules. In addition, the inherent vulnerability of many clients in housing and immigration cases adds significantly to this complexity.” Adequate remuneration should reflect not only the technical complexity but also the increased demands arising from client vulnerability.
The Bar Council also submits that counsel should be paid hourly rates for advocacy and preparation, rather than a fixed fee, and that advocates should always be paid for travel and waiting time. It also proposes “regular independent reviews linked to a recognised index, ensuring parity with broader market rates and attracting high-quality legal professionals.”
Commenting, Barbara Mills KC, Chair of the Bar Council, said: “In the current economic climate, we of course welcome new investment into civil legal aid, but a significantly greater uplift is required to genuinely create sustainability and adequately address the complexity of immigration and housing work.
“Legal aid fees cannot be allowed to continue to fall so far behind inflation. We’re calling for regular independent fee reviews to ensure parity with broader market rates to attract and retain talented legal professionals into this vital work.
“This is a critical area where we believe the government should spend now to save future costs. Evidence shows that early legal support prevents problems escalating with increased costs to the taxpayer. Greater investment now in sustainable fees would represent long-term economic prudence and efficiency for the public purse.
“The government should also spend now in order to enable the legal sector, which contributed £37billion to the economy in 2023, to continue to grow.”