Legal Aid Deserts in the UK: An Access to Justice Crisis

Legal Aid Deserts in the UK: An Access to Justice Crisis

Lauren Fox

Cuts to legal aid funding, and its resulting lack of access to justice, have been brought to public attention following the strike action carried out by the Criminal Bar Association last year. However, far from being confined to criminal law, legal aid deserts are present across many aspects of the legal industry.[1] This article will examine three key practice areas impacted by a lack of legal aid provision, criminal law, housing, and immigration and asylum, before briefly exploring the potential way ahead. 

Criminal law 

A recent report by LexisNexis revealed that 2.12 million people are currently living in criminal legal aid deserts.[2]Moreover, this lack of legal advice is widespread – even in the five best served local authorities, there are only 0.89 providers per 1,000 incidents.[3] Moreover, the findings of the independent review of the criminal legal aid crisis by the UK Government, published in November 2022, were ignored by the Justice Secretary, resulting in real-terms cuts to legal aid rates.[4] The Law Society states that the number of duty solicitors will decrease by another 19% by 2025,[5]with its President, Lubna Shuja, warning those considering joining the criminal bar that “it is highly unlikely that you will be able to generate a reasonable professional income from this work”.[6] It is therefore clear that the current situation of criminal legal aid is unsustainable for legal professionals, resulting in a tangible shortage of legal advice in many regions. 

Housing 

Currently, 12.45 million people are living in housing legal aid deserts,[7] with 184 out of 348 local authorities lacking a single housing legal aid provider.[8] The situation has been described as “catastrophic”,[9] with Jasmine Basran, Head of Policy and Campaigns at Crisis highlighting the particular impact of lack of provision for people who are homeless, who “experience the sharpest end of poverty and can face economic barriers and social stigma, which reduces the likelihood of being able to access justice”.[10] Moreover, the lack of provision particularly impacts those on low incomes living rurally or in large local authority areas, as they may be unable to afford to travel to see a solicitor.[11]Reliance on a sole provider also leads to other problems, such as law firms being unable to represent both the landlord and the tenant, or being unable to meet the overwhelming demand. 

Immigration and asylum 

A recent report by Dr Jo Wilding for Refugee Action has also revealed the lack of free or low-cost immigration and asylum services available, which “leaves people at risk of serious harm”.[12] Currently, legal aid services are insufficient even for first-time adult applications, meaning that many clients are ‘dropped’ by representatives at the appeal stage.[13] The report highlights particular areas lacking provision, with counties such as Devon and Staffordshire (both of which contain an asylum dispersal city) having only one qualified legal aid worker.[14] According to Refugee Action, “unaccompanied asylum-seeking children are already being sent to local authorities in areas where there are no legal aid solicitors”.[15] The impacts of this situation are clearly summarised by Dr Jo Wilding: “it means that people are missing out on refugee status or immigration status that they’re entitled to, and driving poverty and destitution in the UK as a result”.[16]

The way ahead

It is clear that the legal aid situation is in crisis, with significant deficits in provision across a range of sectors. Since this is a complex problem, a range of reform and developments are required in order to combat the issue fully. A recent report by the Law Society has made a number of recommendations, including the creation of an evidence base to monitor demand for legal aid services, a simplification of the auditing process for legal aid providers, and a review of fee structures.[17] Moreover, the Refugee Action report also makes recommendations specific to immigration and asylum. For example, the report calls for the hostile environment policies to be abandoned, claiming that they increase demand without any significant public benefit.[18] The report also recommends an extension of the fee waiver scheme, an increase in the number of available enrolment and interview venues, and a reduction in the number of applications required to reach settlement in certain circumstances.[19] Looking to the future, these reforms, coupled with greater government funding, are required both in order to make the career sustainable for barristers and solicitors, and to ensure that those in need of legal aid are able to access it. 


[1] https://www.lexisnexis.co.uk/insights/the-lexisnexis-legal-aid-deserts-report/index.html#section-Crime-NNrELgRHMe

[2] https://www.lexisnexis.co.uk/insights/the-lexisnexis-legal-aid-deserts-report/index.html#section-Crime-NNrELgRHMe

[3] https://www.lexisnexis.co.uk/insights/the-lexisnexis-legal-aid-deserts-report/index.html#section-Crime-NNrELgRHMe

[4] https://www.lawsociety.org.uk/contact-or-visit-us/press-office/press-releases/raabs-cut-to-legal-aid-will-bring-chaos-to-criminal-justice

[5] https://www.lawsociety.org.uk/contact-or-visit-us/press-office/press-releases/raabs-cut-to-legal-aid-will-bring-chaos-to-criminal-justice

[6] https://www.lawsociety.org.uk/contact-or-visit-us/press-office/press-releases/raabs-cut-to-legal-aid-will-bring-chaos-to-criminal-justice

[7] https://www.lexisnexis.co.uk/insights/the-lexisnexis-legal-aid-deserts-report/index.html#section-Crime-NNrELgRHMe

[8] https://www.lawgazette.co.uk/practice/society-exposes-catastrophic-housing-advice-deserts/5070051.article

[9] https://www.lawgazette.co.uk/practice/society-exposes-catastrophic-housing-advice-deserts/5070051.article

[10] https://www.lexisnexis.co.uk/insights/the-lexisnexis-legal-aid-deserts-report/index.html#section-Crime-NNrELgRHMe

[11] https://www.lawgazette.co.uk/practice/society-exposes-catastrophic-housing-advice-deserts/5070051.article

[12] No access to justice: how legal advice deserts fail refugees, migrants and our communities, Refugee Action, May 2022

[13] No access to justice: how legal advice deserts fail refugees, migrants and our communities, Refugee Action, May 2022

[14] No access to justice: how legal advice deserts fail refugees, migrants and our communities, Refugee Action, May 2022

[15] https://www.refugee-action.org.uk/refugees-at-serious-risk-of-forced-return-deportation-to-rwanda-as-mapping-project-reveals-massive-shortfall-in-legal-advice/

[16] https://www.refugee-action.org.uk/refugees-at-serious-risk-of-forced-return-deportation-to-rwanda-as-mapping-project-reveals-massive-shortfall-in-legal-advice/

[17] The Law Society, Civil legal aid: A review of its sustainability and the challenges to its viability (2021), 3.

[18] No access to justice: how legal advice deserts fail refugees, migrants and our communities, Refugee Action, May 2022, 32.

[19] No access to justice: how legal advice deserts fail refugees, migrants and our communities, Refugee Action, May 2022, 32.