A family solicitor has warned that outdated legal aid eligibility rules and a shortage of providers are leaving people without the representation they need, including parents dealing with difficult family and child welfare matters.
Why is legal aid means-testing a concern?
In an article published by the Law Society, Oliver Conway, a family solicitor, describes the difficulties faced by people who are unable to afford private legal representation but do not meet the financial criteria for legal aid.
Conway says the main financial eligibility thresholds have not been raised in line with inflation since 2009, while prices have increased by 64%. He argues that the gap between the eligibility rules and the cost of living can leave people who are already struggling financially outside the legal aid system.
He recalls regularly seeing clients who were just £5 above the threshold. One example involved a woman caring for three vulnerable children who had experienced domestic abuse. She had to represent herself in court because her earnings were £5 too high for her to qualify.
Conway also recounts a client who left a job he had held for 25 years in order to become eligible for legal aid. He describes the case as particularly sad, despite the eventual legal outcome being successful.
How does the means test affect families?
Conway questions whether the means test adequately reflects the financial pressures faced by households. He recalls a client asking why regular expenses, including internet, gas, water and council tax bills, were not properly reflected in the assessment of their eligibility.
He argues that the lack of flexibility can have serious consequences for people facing family proceedings. Someone may have an income slightly above the prescribed limit but still have little money available to pay for a solicitor after meeting essential living costs.
The examples in his account highlight the particular difficulties for parents involved in disputes concerning children, domestic abuse or contact with social services. Without legal advice, people may struggle to understand the process, respond to concerns or identify the steps available to them.
What are legal aid deserts?
Conway also highlights the shortage of solicitors undertaking legal aid work. He says legal aid fees have not increased since 1996 and were reduced by 10% in 2011, placing pressure on firms and practitioners providing publicly funded services.
He describes areas where people cannot find a local provider because too few firms offer legal aid. Although he was based in west London, he says that in 2024 he was undertaking cases in Cardiff, Stoke and Manchester because clients in those areas struggled to find representation closer to home.
Conway also refers to working with Traveller communities, where clients recommended him to others. He says that in some locations there was no legal aid provider available for miles.
The issue is not limited to whether someone meets the financial eligibility criteria. Even where a person qualifies, a shortage of providers can make it difficult to obtain the legal assistance that the scheme is intended to provide.
What is the impact of representing yourself?
Conway warns that court proceedings can make existing problems worse, particularly where a dispute might otherwise have been resolved without a hearing. He says he regularly encountered litigants in person who had not received early legal advice because they believed they were ineligible or had been told they did not qualify without a proper financial assessment.
People representing themselves may find it difficult to communicate with the opposing party’s solicitor or to identify areas where an agreement could be reached. Conway explains that where both sides have legal representation, solicitors can discuss their clients’ priorities and explore possible compromises.
He argues that representation on both sides can help remove some of the emotion from a dispute and allow matters to be resolved more quickly. He also raises the financial and personal costs of lengthy proceedings involving an unrepresented party.
Why does early legal advice matter?
Conway emphasises the value of obtaining legal advice before a family matter reaches court. He says even a short telephone conversation with a solicitor can make a difference to a parent’s preparation for a Public Law Outline meeting with social workers.
He describes the meeting as a final opportunity for parents to understand concerns, engage with support and make changes to help keep a child safe before court proceedings begin. Without advice, a parent may miss an important opportunity to respond effectively.
Conway also points to the potential public expense of proceedings. If early advice and support help resolve concerns before an application is issued, this may avoid some of the costs associated with court proceedings.
What changes is Conway calling for?
Conway now works at legal software company LEAP, where he uses his experience as a care solicitor to help develop technology intended to make life easier for family lawyers working under pressure. However, he says technology alone cannot address the underlying problems in the legal aid system.
He calls for a fully funded legal aid system that allows people to obtain help at an early stage. In his view, improving access to advice could benefit individuals, families and wider society, while reducing the costs associated with unresolved disputes and prolonged proceedings.
His account forms part of the Law Society’s wider campaign on legal aid and access to justice. The central concern is that people who cannot afford private representation should not be left without meaningful access to legal support simply because of restrictive eligibility rules or a lack of local providers.
Frequently asked questions
Who is Oliver Conway?
Oliver Conway is a family solicitor who previously spent 11 years working in a family legal aid firm. He has since moved to legal software company LEAP, where he uses his experience to help develop technology for family lawyers.
Why does Conway say the legal aid means test is unfair?
He says the main financial eligibility thresholds have not been raised in line with inflation since 2009, while prices have risen by 64%. He argues that people with very limited disposable income can consequently be excluded from legal aid.
What does the term legal aid desert mean?
A legal aid desert is an area where people have difficulty finding a solicitor or provider offering legal aid services. Conway says some clients had to look beyond their local area because there were no nearby providers available.
How can early legal advice help families?
Early advice can help parents understand concerns raised by social workers, prepare for important meetings and identify support or steps that may help prevent a matter from progressing to court.
What is Conway calling for?
He argues for a fully funded legal aid system that enables people to obtain advice at an early stage, alongside improvements to the financial eligibility rules and the availability of legal aid providers.