Why should the English and Welsh government replace
the current civil legal aid system with the “National
Legal Service”?
Word count: 5,130
1
,Why should the English and Welsh government replace
the current civil legal aid system with the “National
Legal Service”?
Introduction 3
The Current Civil Legal Aid System 3
Impact on Vulnerable Groups 4
Litigants in Person (LiPs) 5
Increased Costs Elsewhere 6
Main Current Alternatives to Legal Aid 6
Citizens Advice Bureau 6
Mediation 7
Why the National Legal Service (NLS) is needed 8
Complete Reform 9
A Nationalised and Holistic Service 9
Increased Public Awareness 10
Other suggestions for future reforms 11
Updating the current system 11
Separate Support Schemes for LiPs 12
Wealth-based Levies to Fund Legal Aid 12
Evaluation of the NLS 13
Funding and Cost Implications 13
Potential Systematic Issues 14
Potential Attitudes of Lawyers Towards the NLS 15
Conclusion 16
2
, Introduction
In the words of Lord Bingham, “denial of legal protection to the poor litigant who cannot a ord to
pay is [an] enemy of the rule of law”1. However, in the 21st Century, the denial of legal protection
in the form of legal aid is becoming increasingly frequent and concerning, with reforms— primarily
the Legal Aid Sentencing and Punishing of O enders Act 2012— destabilising the legal aid
system entirely. These reforms’ drastic cuts to legal aid funding and eligibility have left many “poor
litigants” without access to justice, consequently making the system ine ective, and becoming
perceived as shaped by the government’s interest, rather than serving its original purpose—
providing and ensuring equal access to justice.
This distorted perception of justice being “only for the wealthy”2 has grown more apparent, with
just one in ve believing they can access justice3. This directly breaches the constitutional right to
access to justice, enshrined in numerous foundational legal doctrines, including Article 6 of the
European Convention on Human Rights (ECHR), signifying an alarming situation where the legal
system is permitting breaches of human rights.
When compared with well-known systemic issues of the NHS, it appears that legal aid issues are
often deprioritised and overlooked. Therefore, reform needs to be not only immediate but
fundamental, to truly restore universal access to justice. This essay proposes a “National Legal
Service” (NLS) as a complete replacement for the current English and Welsh civil legal aid system,
and also examines current alternative options to legal aid such as Citizens Advice Bureau,
mediation, and other proposals for system reforms. The NLS in this essay is my own proposed
model and not a liated with any existing body, based on a similar model to the British NHS,
funding professional salaried lawyers through public taxes and o ering universal access. I argue
that the NLS closely aligns with the original intentions of legal aid before the heavy government
interventions, and is the most sustainable replacement to save the failing legal aid system.
The Current Civil Legal Aid System
Legal aid is the system of public funding, providing legal advice or representation for those who
cannot a ord it, determined by a Means Test.4 Maintaining this system is crucial to protect
equality in the justice system and to ensure the most vulnerable are capable of accessing justice.
However, legal aid has changed signi cantly since its initial implementation in 1949, from a
service ensuring equal access to legal support, to now a system becoming perceived as an
ine cient, economic burden on the state, after decades of critically damaging cuts to the
system.5 This was primarily seen through the Legal Aid, Sentencing and Punishing of O enders
1 Tom Bingham (2010) The Rule of Law. London: Allen Lane, p. 88.
2Bowcott, Owen. (2018) “Justice “Only for the Wealthy”: Law Society Condemns Legal Aid Cuts.” The Guardian, Available at:
www.theguardian.com/law/2018/sep/28/justice-only-for-the-wealthy-law-society-warns-on-legal-aid-cuts?
3 The Law Society (2024) “Only One in Five Believe They Can Access Justice”. The Law Society www.lawsociety.org.uk/contact-or-
visit-us/press-o ce/press-releases/only-one-in- ve-believes-they-can-access-justice
4 House of Commons Library (2022) ‘Civil legal aid’, UK Parliament, Available at: https://commonslibrary.parliament.uk/civil-legal-aid/
5 Moore, S. and Newbury, A. (2017). Legal Aid in Crisis. Policy Press
3
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the current civil legal aid system with the “National
Legal Service”?
Word count: 5,130
1
,Why should the English and Welsh government replace
the current civil legal aid system with the “National
Legal Service”?
Introduction 3
The Current Civil Legal Aid System 3
Impact on Vulnerable Groups 4
Litigants in Person (LiPs) 5
Increased Costs Elsewhere 6
Main Current Alternatives to Legal Aid 6
Citizens Advice Bureau 6
Mediation 7
Why the National Legal Service (NLS) is needed 8
Complete Reform 9
A Nationalised and Holistic Service 9
Increased Public Awareness 10
Other suggestions for future reforms 11
Updating the current system 11
Separate Support Schemes for LiPs 12
Wealth-based Levies to Fund Legal Aid 12
Evaluation of the NLS 13
Funding and Cost Implications 13
Potential Systematic Issues 14
Potential Attitudes of Lawyers Towards the NLS 15
Conclusion 16
2
, Introduction
In the words of Lord Bingham, “denial of legal protection to the poor litigant who cannot a ord to
pay is [an] enemy of the rule of law”1. However, in the 21st Century, the denial of legal protection
in the form of legal aid is becoming increasingly frequent and concerning, with reforms— primarily
the Legal Aid Sentencing and Punishing of O enders Act 2012— destabilising the legal aid
system entirely. These reforms’ drastic cuts to legal aid funding and eligibility have left many “poor
litigants” without access to justice, consequently making the system ine ective, and becoming
perceived as shaped by the government’s interest, rather than serving its original purpose—
providing and ensuring equal access to justice.
This distorted perception of justice being “only for the wealthy”2 has grown more apparent, with
just one in ve believing they can access justice3. This directly breaches the constitutional right to
access to justice, enshrined in numerous foundational legal doctrines, including Article 6 of the
European Convention on Human Rights (ECHR), signifying an alarming situation where the legal
system is permitting breaches of human rights.
When compared with well-known systemic issues of the NHS, it appears that legal aid issues are
often deprioritised and overlooked. Therefore, reform needs to be not only immediate but
fundamental, to truly restore universal access to justice. This essay proposes a “National Legal
Service” (NLS) as a complete replacement for the current English and Welsh civil legal aid system,
and also examines current alternative options to legal aid such as Citizens Advice Bureau,
mediation, and other proposals for system reforms. The NLS in this essay is my own proposed
model and not a liated with any existing body, based on a similar model to the British NHS,
funding professional salaried lawyers through public taxes and o ering universal access. I argue
that the NLS closely aligns with the original intentions of legal aid before the heavy government
interventions, and is the most sustainable replacement to save the failing legal aid system.
The Current Civil Legal Aid System
Legal aid is the system of public funding, providing legal advice or representation for those who
cannot a ord it, determined by a Means Test.4 Maintaining this system is crucial to protect
equality in the justice system and to ensure the most vulnerable are capable of accessing justice.
However, legal aid has changed signi cantly since its initial implementation in 1949, from a
service ensuring equal access to legal support, to now a system becoming perceived as an
ine cient, economic burden on the state, after decades of critically damaging cuts to the
system.5 This was primarily seen through the Legal Aid, Sentencing and Punishing of O enders
1 Tom Bingham (2010) The Rule of Law. London: Allen Lane, p. 88.
2Bowcott, Owen. (2018) “Justice “Only for the Wealthy”: Law Society Condemns Legal Aid Cuts.” The Guardian, Available at:
www.theguardian.com/law/2018/sep/28/justice-only-for-the-wealthy-law-society-warns-on-legal-aid-cuts?
3 The Law Society (2024) “Only One in Five Believe They Can Access Justice”. The Law Society www.lawsociety.org.uk/contact-or-
visit-us/press-o ce/press-releases/only-one-in- ve-believes-they-can-access-justice
4 House of Commons Library (2022) ‘Civil legal aid’, UK Parliament, Available at: https://commonslibrary.parliament.uk/civil-legal-aid/
5 Moore, S. and Newbury, A. (2017). Legal Aid in Crisis. Policy Press
3
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