Ministry of Justice

Legal aid: refocusing on priority cases

Reference Number : CP12/09

Status: Closed - with response

Open date: 16 July 2009

Close date: 08 October 2009

Responses published: 03 February 2010

A consultation setting out proposals for reforming the legal aid rules to ensure that limited resources are focused on priority cases.

The changes proposed include:

  • strengthening public interest considerations in deciding whether to grant civil legal aid
  • ceasing to provide funding for low priority civil and criminal matters, where issues can be resolved instead through complaints procedures or ombudsman schemes
  • restricting access to civil legal aid for those not resident in the UK
  • notifying the other side when civil legal aid is applied for to discourage fraudulent applications.


Response (partial)

This is a partial response to the proposal in the consultation paper concerning prison law treatment advice. Most of the 44 respondents did not support the proposal that advice to prisoners on treatment matters be removed from the scope of the Criminal Defence Service. The response sets out our intention to implement an amended proposal which will not remove such advice from scope, but will ensure that funding for such cases is controlled tightly.

A response covering all of the other proposals in the consultation paper, which affect civil legal aid, will be published separately.

Response (final)

This is the government's response to the Legal Aid: Refocusing on Priority Cases consultation, which proposed changes to the civil legal aid funding rules to refocus resources onto priority cases, and to improve our processes for detecting fraudulent legal aid applications early on. 

The response paper includes a summary of the 94 responses and also sets out the changes to our proposals we have made as a result of the representations we received.