The Demise of Justice?

How massive cuts to legal aid in the last seventy years have become a barrier to people defending their rights

Photo by Tingey Injury Law Firm on Unsplash

In 2020, Ruth Green of the International Bar Association made a damning pronouncement. ‘The demise of legal aid,’ she wrote, ‘threatens to erode access to justice and prevent ordinary citizens from enforcing their rights’.

This short essay will examine whether a reduced provision of legal aid throughout England and Wales is threatening to hinder the access which ordinary citizens have to the justice system, whether this could have a deleterious effect on their ability to enforce their rights and what might be done to improve this situation.

I’ll start by outlining the importance of legal representation in court in terms of civil law. I will then briefly explain what legal aid is and why it was introduced, followed by an examination of the fluctuating history of the availability of, or eligibility for, legal aid and how this impacts on the ability of ordinary citizens to enforce their rights. Finally, I will explore some measures which can help to make justice more accessible to everyone.

Contents

1. The importance of legal representation in court
2. A brief history of legal aid in England and Wales