The Bar Council says legal aid must become an essential public service to protect access to justice
The Bar Council has urged the UK Government to recognise legal aid as an essential public service alongside the NHS and education, following the publication of the Justice Select Committee’s report on access to justice and legal aid. The organisation said the committee’s findings reinforce concerns that years of underfunding have placed both access to justice and the justice system itself at risk.
Responding to the report, the Bar Council said legal aid should be viewed as a core public service rather than a discretionary area of public spending. It argued that the justice system cannot function effectively without sustained investment in legal aid and warned that prolonged underfunding has had serious consequences across the sector.
The organisation welcomed the Justice Select Committee’s recommendations and said they reflected the need for long-term reform rather than short-term financial measures. According to the Bar Council, restoring confidence in the justice system requires legal aid to receive the same level of policy priority as other fundamental public services.
The statement follows the Government’s recent consultation on reforms to the Advocates’ Graduated Fee Scheme, which proposes increased investment in criminal legal aid. The Ministry of Justice has proposed an average fee increase of 11% for barristers undertaking legal aid work, alongside targeted funding intended to strengthen the criminal justice system and help reduce court delays.
While acknowledging the recent proposals, the Bar Council indicated that further action remains necessary. It said it would respond to the Government’s consultation in detail, identifying measures it believes are needed to support the legal aid system and those it considers less effective.
The Justice Select Committee’s report examines the wider state of legal aid and access to justice in England and Wales. The Bar Council said its conclusions demonstrate the cumulative impact of decades of insufficient funding, arguing that continued pressure on legal aid threatens the ability of people to obtain legal representation and undermines the effective operation of the courts.
The Bar Council said that placing legal aid alongside services such as the NHS and education would recognise its role in protecting the rule of law and ensuring that people can enforce their legal rights. It maintained that a properly funded legal aid system is essential to delivering fair and effective justice and called for the committee’s recommendations to be taken forward.