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The law is broken. Help us prove it, writes Rohini Teather
In 2019, the long awaited LASPO post-implementation review deemed the legal aid market to be ‘operating at sufficient levels to meet demand’, adding that ‘more research is required to determine the long-term sustainability of the profession’ (para 816, p 195). While some information on practitioners and organisations has been shared by the Bar Council, Law Society and Crown Prosecution Service (resulting in the publication of a data compendium about criminal legal aid), this research by the Ministry of Justice (MOJ) hasn’t been forthcoming. Nor does it appear that there is any intention of looking at the legal aid system as a whole; a marketplace of need, supply and demand.
This time last year, the Legal Aid Practitioners Group (LAPG) decided that something different was needed – a census that sought data on every single legal aid practitioner in England and Wales. Every barrister, solicitor, legal executive, paralegal, clerk, caseworker and manager working in publicly funded law. All of those aspiring to join the profession and those who have made the decision to leave it. We want to reach every one of you to build a comprehensive picture of what life is like on the legal aid frontline; to gather demographic information but also to seek to understand issues like the connection between fee levels and commercial viability, retention and succession planning; the path that each practitioner took into the profession; the working conditions in practice and their intentions regarding it. We need to know who the people are who make up the provider base and what it will look like in the years to come.
The data that we have isn’t clear. But we know that in 2013 there were 1,592 firms with criminal legal aid contracts (Legal Services Commission, Annual Report and Accounts 2012-13 (HC337, 31.3.2013) p 16). By March 2021 this had dropped to 1,104 (Alex Chalk MP, Written Questions: Legal Aid Scheme: Contracts (UIN 166396, 16.3.2021)) – a loss of 488. Similarly, in 2013 there were 1,881 firms with contracts in civil legal aid. Eight years on and there are 1,445 – a reduction of 436. This may be due to a number of reasons, but we lack the data to tell us.
Over the past six months, we have been working with academics from Newcastle University, Cardiff University and University College London to create and refine the census to make it as user-friendly as possible. A pilot phase was completed over January and February and the census itself launched on 12 April via social media, representative body networks, and academic institutions. Practitioners can complete the survey online and are being asked to answer questions in the following capacities:
The census is open from April to June and the academic team will then spend the summer anonymising and analysing the data before reporting in early autumn.
We believe this to be the most ambitious survey ever undertaken into legal aid and its timing could not be more crucial. Data from the census will feed into both Sir Christopher Bellamy QC’s Independent Review of Criminal Legal Aid and the MOJ’s upcoming review of the sustainability of civil and family legal aid. The research is closely aligned to the All-Party Parliamentary Group on Legal Aid’s sustainability inquiry. Please support us by getting involved: we need the whole legal aid community to stand up and be counted.
In 2019, the long awaited LASPO post-implementation review deemed the legal aid market to be ‘operating at sufficient levels to meet demand’, adding that ‘more research is required to determine the long-term sustainability of the profession’ (para 816, p 195). While some information on practitioners and organisations has been shared by the Bar Council, Law Society and Crown Prosecution Service (resulting in the publication of a data compendium about criminal legal aid), this research by the Ministry of Justice (MOJ) hasn’t been forthcoming. Nor does it appear that there is any intention of looking at the legal aid system as a whole; a marketplace of need, supply and demand.
This time last year, the Legal Aid Practitioners Group (LAPG) decided that something different was needed – a census that sought data on every single legal aid practitioner in England and Wales. Every barrister, solicitor, legal executive, paralegal, clerk, caseworker and manager working in publicly funded law. All of those aspiring to join the profession and those who have made the decision to leave it. We want to reach every one of you to build a comprehensive picture of what life is like on the legal aid frontline; to gather demographic information but also to seek to understand issues like the connection between fee levels and commercial viability, retention and succession planning; the path that each practitioner took into the profession; the working conditions in practice and their intentions regarding it. We need to know who the people are who make up the provider base and what it will look like in the years to come.
The data that we have isn’t clear. But we know that in 2013 there were 1,592 firms with criminal legal aid contracts (Legal Services Commission, Annual Report and Accounts 2012-13 (HC337, 31.3.2013) p 16). By March 2021 this had dropped to 1,104 (Alex Chalk MP, Written Questions: Legal Aid Scheme: Contracts (UIN 166396, 16.3.2021)) – a loss of 488. Similarly, in 2013 there were 1,881 firms with contracts in civil legal aid. Eight years on and there are 1,445 – a reduction of 436. This may be due to a number of reasons, but we lack the data to tell us.
Over the past six months, we have been working with academics from Newcastle University, Cardiff University and University College London to create and refine the census to make it as user-friendly as possible. A pilot phase was completed over January and February and the census itself launched on 12 April via social media, representative body networks, and academic institutions. Practitioners can complete the survey online and are being asked to answer questions in the following capacities:
The census is open from April to June and the academic team will then spend the summer anonymising and analysing the data before reporting in early autumn.
We believe this to be the most ambitious survey ever undertaken into legal aid and its timing could not be more crucial. Data from the census will feed into both Sir Christopher Bellamy QC’s Independent Review of Criminal Legal Aid and the MOJ’s upcoming review of the sustainability of civil and family legal aid. The research is closely aligned to the All-Party Parliamentary Group on Legal Aid’s sustainability inquiry. Please support us by getting involved: we need the whole legal aid community to stand up and be counted.
The law is broken. Help us prove it, writes Rohini Teather
Far-ranging month for the Chair of the Bar
Marie Law, Director of Toxicology at AlphaBiolabs, examines the most recent data on alcohol misuse in the UK, and the implications for alcohol testing in family proceedings
Clement Cowley, Partner at The Penny Group, explains how tailored financial planning can help barristers take control of their finances and plan with confidence
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
Marie Law, Director of Toxicology at AlphaBiolabs, outlines the drug and alcohol testing options available for family law professionals, and how a new, free guide can help identify the most appropriate testing method for each specific case
In this wide-ranging interview, Professor Jo Delahunty KC, Family Law KC of the Year, talks to Anthony Inglese CB about the values that shaped her, the moment she found her vocation and, in an intensely personal call to arms, why time is running out for the legal aid Bar
Is the Judicial Conduct Investigations Office process fit for purpose? Women barristers’ experiences of bullying are not being reported or, if they are, they are not making it through the system, says Tana Adkin KC
Thomas Roe KC and Andrew O’Kola respond to an article by Dr Leonardo Raznovich (Counsel , October 2025) – ‘Privy Council colonialism? Piercing the constitutional veil’
Chair of the Bar reports back
The client’s best interests could be well-served by sharing the advocacy with junior counsel more often than you might think – Naomi Cunningham and Charlotte Eves explore some less orthodox ways to divide the speaking role