Full legal representation is lacking in the majority of private family law cases, with 80% of cases involving at least one person who is unrepresented. The number of cases where neither applicant nor respondent has legal representation has risen substantially over the last decade, from 13% in 2013, to 39% in 2024. This increase was trigged by the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which resulted in the removal of eligibility for legal aid for the majority of private law cases, and came into effect in April 2013. Access to legal aid in private family law is now restricted to cases where there are issues concerning domestic abuse or child abuse, in addition to stringent financial means testing. This has had knock-on effects, increasing pressures on the family courts as more applicants become litigants in person and require greater supports to navigate proceedings, as well as on other services such as community services or children’s social care when families struggle to resolve disagreements. Since May 2025 a cyber-attack on the Legal Aid Agency has further hampered access to justice, as systems remain offline and legal professionals are unable to be paid for legal aid work, adding additional strain on the system.
