A cross-party committee of MPs has accused the Government of failing to address serious problems in England and Wales’s legal aid system, warning that shortages of legal representation could undermine access to justice.
In a report published on Tuesday 3 November 2026, the House of Commons Justice Committee criticised the Ministry of Justice’s response to its earlier inquiry, saying ministers had failed to specify which recommendations they accepted or rejected.
The committee characterised legal aid as a ‘service in managed decline’. The Ministry of Justice disputes the implication that it has failed to act, saying it inherited a system in crisis and has invested in stabilising services.
MPs criticise Government response
The House of Commons Justice Committee has criticised the Ministry of Justice’s response to its July 2026 inquiry into access to legal aid. In a new report published on 3 November, MPs said ministers had not clearly identified which recommendations they accepted or rejected, despite receiving additional time to respond. The committee described that approach as inadequate.
Warning over access to justice
The committee’s July report warned that declining availability of legal aid and increasing self-representation created an unacceptably high risk of miscarriages of justice. MPs identified problems with financial eligibility, provider capacity, remuneration and administration. The latest report argues that the Government’s response does not adequately resolve those concerns.
Criminal legal aid thresholds and magistrates’ courts
MPs want the financial eligibility thresholds for criminal legal aid in magistrates’ courts raised before reforms extend magistrates’ sentencing powers. They warn that defendants could face more serious consequences while remaining unable to obtain publicly funded representation. The committee has asked the Government to specify the threshold it proposes, publish its methodology and implement changes before the relevant court reforms.
Civil and family legal aid workforce
The committee also raised concerns about shortages of providers across civil and family legal aid. It called for a clearer approach to recruitment, retention, training, succession planning and regional gaps. While ministers point to targeted investment in areas of acute need, MPs argue that a broader strategy is necessary to ensure eligible people can actually obtain advice.
Legal Aid Agency and statutory duties
MPs criticised the lack of firm commitments on reforming the Legal Aid Agency’s objectives and powers, piloting alternative contractual approaches and considering changes where ordinary procurement fails to secure provision. The committee highlighted the Lord Chancellor’s duty under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to secure legal aid in accordance with the statutory framework. Its criticism is a parliamentary assessment, not a court ruling that the duty has been breached.
Labour committee chair calls for action
Justice Committee chair Catherine Atkinson, a Labour MP, acknowledged the difficult position inherited by the Government but said the response lacked the commitments needed to make legal aid accessible and sustainable. She urged ministers to revisit the committee’s recommendations and explain what action they would take.
Ministry of Justice defends its approach
The Ministry of Justice said it inherited a legal aid system in crisis in 2024 and had prioritised stabilisation through investment in criminal and civil legal aid. It acknowledged that significant challenges remained and said longer-term work would follow. Courts minister Sarah Sackman KC indicated that the Government was still finalising positions on some issues, including eligibility reform.
Law Society raises concerns
The Law Society of England and Wales also criticised the response, particularly in relation to court reform and civil legal aid provision. Its comments are the professional body’s position and do not amount to a legal finding against the Government.
What happens next?
The committee has asked ministers to provide a clearer response to its recommendations. Attention will focus on criminal legal aid eligibility, provider shortages, the sequencing of court reforms and whether the Government commits to specific changes and timetables. The committee’s recommendations are not themselves changes to the law.