Legal aid statistics: July to September 2015
Source: data.gov.uk (2018-05-25)

Legal Aid Statistics. This dataset provides quarterly aggregated data on overall volume and claim expenditure on the legal aid schemes administered by the Legal Aid Agency (LAA) for England and Wales. The reports include statistics on Criminal legal aid covering Police stations, magistrates' courts, Prison Law and the Crown Courts alongside Civil Legal Aid covering Legal Help, family mediation, Civil Representation and exceptional case funding). On an annual cycle further datasets released include Client and provider characteristics, Criminal central funds and higher courts, Appeals and Provider based volume and expenditure figures with geography. All datasets are designed to monitor the workload and expenditure of the legal aid system with further more detailed available than provided in accompanying tables.

1 
 
                                                                                                          
 
 
Legal Aid Statistics in 
England and Wales 
July to September 2015 
 
 
Ministry of Justice 
Statistics bulletin 
 
 
Published 17 December 2015 
 
 
 

 
 
2 
 
Contents 
Introduction 
3 
Key findings 
5 
Analysis and commentary 
6 
Criminal legal aid 
8 
Crime lower 
10 
Crime higher 
14 
Civil legal aid 
8 
Family 
22 
Family mediation 
23 
Non-family 
25 
Civil legal aid subcategories 
30 
Exceptional case funding 
33 
Applications 
33 
Determinations 
35 
Annual updates 
33 
Appeals and representations 
38 
Legal aid providers 
38 
Clients and provider characteristics 
38 
Other criminal legal aid 
39 
Annex A - Contact points for further information 
40 
 
 

 
 
3 
 
Introduction 
Legal Aid Statistics in England and Wales is published every quarter, presenting the key 
statistics on activity in the legal aid system. This edition comprises the first release of official 
statistics for the three month period from July to September 2015 and also provides the 
latest statement of all figures for previous periods and longer term trends. 
The statistical release consists of a set of documents:  
 
This bulletin, which provides key figures, graphs, explanation and commentary. 
 
A Guide to Legal Aid Statistics, which includes a brief background to the legal aid 
system, information on data sources, data quality and revisions, information about 
how these statistics are used and a glossary of key terms used in this bulletin. The 
guide can be found at: https://www.gov.uk/government/statistics/a-guide-to-legal-aid-
statistics-in-england-and-wales 
 
A set of main tables, provided as spreadsheets, which give more detailed figures and 
full time-series for each area. 
 
A more detailed set of underlying data, provided in the form of a CSV (comma 
separated variables) file to facilitate detailed analysis using pivot tables, and re-use 
of the data using a variety of software packages.  
 
Anonymised provider office level data, provided in the form of a CSV file available in 
a downloadable zip file to allow further analysis on the number of provider offices to 
complete work in a period, the amount of work completed and the expenditure 
associated with this work.  
 
Guidance on how to use the CSV data files is also provided alongside them. 
Activity in the legal aid system can be expressed in terms of workload and expenditure. See 
the section below on measuring activity in the legal aid system for more detail on how each 
is measured in these statistics. 
In accordance with principle 2 of the code of practice for official statistics, the MoJ is required 
to publish transparent guidelines on its policy for revisions. A copy of this statement can be 
found at: www.justice.gov.uk/downloads/statistics/mojstats/statistics-revisions-policy.pdf 
A list of officials who have received pre-release access to each legal aid statistical release 
up to 24 hours in advance of publication can be found on the webpage for each respective 
release, accessible from https://www.gov.uk/government/collections/legal-aid-statistics 
We encourage feedback from users on the format and content of the Legal Aid Statistics, 
and we can be contacted via the contact details shown in Annex A at the end of this bulletin 
or follow this link to complete the user survey: http://www.smartsurvey.co.uk/s/6U58M 
 
The next edition of Legal Aid Statistics will be published on Thursday 31 March 2016. 
 
 

 
 
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Measuring activity in the legal aid system 
Workload 
The legal aid system involves a diverse range of activities and services, from relatively quick, 
lower-cost events such as the provision of pre-charge advice in a police station to a 
complex, relatively high-cost court case.  
Additionally, workload volumes can be measured at different stages in delivery. For 
example, legal aid work in a court can be measured at the point when an order for legally 
aided representation is granted, or after all of the work on a case is completed and the 
provider has been paid for the work.  
Therefore, the units in which workload can be measured differ across the system, and it is 
difficult to summarise workload for the system overall within a single number. For this 
reason, users are advised to look at trends in workloads for each area of legal aid 
separately. 
Expenditure 
This bulletin presents expenditure in terms of the total value of payments made to legal aid 
providers in relation to pieces of work (cases) that are completed in the period. Presenting 
expenditure data on this ‘closed-case’ basis means that it can be shown alongside the work 
to which it relates, and to the same level of detail. 
This is different from the way expenditure figures are presented for budgeting and 
accounting purposes, such as those in the Legal Aid Agency’s (LAA) Annual Report and 
Accounts, which are presented on an accruals basis (meaning that they report the value of 
the work done in the period). There are important differences between these two measures 
of value which mean that they are not directly comparable. These differences include timing: 
 
For more complex work, for example many crime higher and civil representation 
cases, a portion of the work on a case that is completed and paid for in a given 
period may have taken place over previous periods, but on the closed-case basis its 
entire value will be included within the expenditure figures for the period in which the 
case closes.  
 
Similarly, the value of any work that is done in a given period on cases that have not 
yet been completed or paid for will not be included in the closed-case expenditure 
figures for that period.   
The combined effect is that expenditure figures on the closed-case basis lag behind those 
presented on an accruals basis (such as those in the LAA’s Annual Report and Accounts), 
so any trends in expenditure will emerge later, particularly for more complex areas of legal 
aid work. 
Another important difference is that the figures in this bulletin do not take account of income 
received in the period or expenditure in relation to debt write-offs (to illustrate, the LAA’s 
income in 2014-15 was £198m and expenditure in relation to debt write-offs was £22m, out 
of total net programme expenditure (that is, excluding administration costs) of £1,586m).  

 
 
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Key findings 
Criminal legal aid 
1. 
The decline in crime lower workloads of recent years has continued in the context of 
falling overall crime rates, and the latest quarter saw a 10% fall in completed work 
compared to the same period in the previous year (see figure 3).  
2. 
Expenditure on crime lower has declined more than workloads, down 16% compared to 
the same period of the previous year (see figure 4). This reflects the fact that work in the 
magistrates’ court, a relatively higher-cost area of crime lower, fell proportionately more 
than crime lower as a whole, and also the introduction in March 2014 of a reduction of 
8.75% to the fees paid for most crime lower legal aid work. 
3. 
The volume of work completed in crime higher in the last quarter was similar to the 
same period of the previous year (down 1%, see figure 10). This workload is influenced 
in the short-term less by overall crime rates and more by the number of sitting days in 
Crown Courts across England and Wales, which are in turn managed in response to 
workloads currently in the criminal justice system.  
4. 
The value of work completed in crime higher was 8% higher in July to September 2015 
than in the same period of the previous year, reflecting an increase in the proportion of 
this work that comprises relatively complex, lengthy trials.  
Civil legal aid 
5. 
The implementation of the LASPO Act in April 2013 resulted in large reductions in legal 
help workload. Trends have since levelled out overall, at around one-third of pre-
LASPO levels, although in the last quarter new matter starts were 8% lower than in the 
same period of 2014. 
6. 
Workloads in civil representation also fell substantially following the LASPO Act, 
though by a smaller proportion than legal help. They now appear to be stable overall at 
around two-thirds of pre-LASPO levels, although the number of certificates granted in 
the last quarter was up 9% compared to the same period of the previous year. 
7. 
After sharp falls following LASPO, over the last year the number of mediation 
assessments has stabilised at around half of pre-LASPO levels (see figure 16). Starts 
have recovered more strongly than assessments, and were 19% up in the latest quarter 
compared to the same period of the previous year. 
Exceptional Case Funding 
8. 
The number of ECF applications received this quarter was similar to the equivalent 
period in 2014. Excluding those awaiting a decision, almost half of all applications were 
granted; this is the highest number and proportion of grants since the scheme began. 
 
 

 
 
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Analysis and commentary 
Summary 
Legal aid workload can be broken down into two main justice areas, criminal and civil: 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Legal aid 
Criminal legal aid 
- This includes work carried out in 
police stations and in courts in 
relation to people accused of or 
charged with criminal offences. 
- Provides legal advice and 
representation to people being 
investigated or charged with a 
criminal offence. 
- Can be split into the categories 
crime higher and crime lower. 
o Crime higher is legal 
representation in the Crown 
Court and above. 
o Crime lower is work carried out 
by legal aid providers at police 
stations and in magistrates’ 
courts in relation to people 
accused of or charged with 
criminal offences. Prison law is 
also included. 
 
Civil legal aid 
- This includes work that relates to the 
rights and relations of private 
citizens, for example disputes 
relating to unpaid debts and family 
matters. 
- A network of organisations fund, 
provide and promote civil legal 
advice and representation.  
- Can be split into the categories legal 
help and civil representation. 
o Legal help includes advice and 
assistance about a legal 
problem. 
o Civil representation is 
representation by solicitors and 
barristers for civil cases which 
could go to court 

 
 
7 
 
It is difficult to summarise workloads across the legal aid system meaningfully within a single 
number because of the diversity of services being provided, so users of these statistics are 
best advised to look at trends in workload for each area of legal aid separately.  
Perhaps the best way to summarise the entire system in a broad sense is to look at 
expenditure. These statistics present expenditure in terms of the value of payments made to 
legal aid providers for work completed in each period, which is different from the way 
expenditure figures are presented for budgeting and accounting purposes (see page 4 for 
further explanation).  
On this ‘closed-case’ basis, expenditure on work completed between July and September 
2015 was just over £440m1, a 6% reduction on the same quarter of 2014 and a 17% 
reduction on the same quarter of 2012 (see figure 1).  
As shown in Figure 1 below, since July 14 this expenditure has been divided fairly evenly 
between criminal legal aid and civil legal aid. Prior to July to September 2014 civil 
expenditure was generally higher than crime.   
Figure 1: Value of payments made for cases completed in July 2012 to September 2015, by 
legal aid scheme  
 
 
 
 
                                               
1 Data on the value of completed cases are provisional and subject to change in subsequent 
publications. Figures include mediation but not higher courts. 

 
 
8 
 
Criminal legal aid 
The diagram below shows the availability of legal aid (in bold) throughout the Criminal 
Justice System with legal services touching on the system from start to finish. 
 
All criminal cases are potentially within the scope of the criminal legal aid scheme, subject to 
the Interests of Justice test and the means test operating to exclude some cases. 
Figures are given in this report for each of the areas above and are categorised into Crime 
Lower and Crime Higher. Figure 2 below shows the relative size of each category and area 
both in terms of workload volumes and expenditure. 
Crime Lower includes work at the pre-charge and police station stage, the early court system 
(including magistrates’ courts) and prison assistance. These are the relatively higher volume, 
lower cost units of criminal legal aid work. For more detailed figures on Crime Lower, see 
tables 2.1 to 3.1 of the Main Tables published alongside this report. 
Crime Higher includes work in the Crown Courts and Higher Courts. This relates to more 
serious criminal matters only and involves the relatively lower volume, higher cost units of 
criminal legal aid work. Most cases within the Crown Court have both a litigator (solicitor) 
and an advocate (barrister or higher solicitor advocate). A small proportion of the most 
complex Crown Court cases are categorised by the LAA as Very High Cost Cases (VHCCs) 
and managed differently. For more detailed figures on Crime Higher, see tables 3.2 to 4.4 of 
the Main Tables published alongside this report. 
Workload in the wider criminal justice system has fallen in the last few years and some areas 
of criminal legal aid workload have also fallen over this period. The largest reductions in 
completed workloads between July and September 2015 and the same period in the 
previous year have occurred in crime lower, with reductions across all the main categories 
described above.   
 

 
 
9 
 
Figure 2: Volumes and expenditure within criminal legal aid area, October 2014 to 
September 2015  
 
Note: figures have been rounded so may not sum to totals 

 
 
10 
 
Crime lower  
The decline in crime lower workloads in recent years has continued in the context of falling 
overall crime rates, and the latest quarter saw a 10% fall in completed work compared to the 
same period in the previous year (see figure 3).   
Expenditure on crime lower has declined more than workloads, down 16% compared to the 
same period of the previous year (see figure 4). This reflects the fact that work in the 
magistrates’ court, a relatively higher-cost area of crime lower, fell proportionately more than 
crime lower as a whole, and also the introduction in March 2014 of a reduction of 8.75% to 
the fees paid for most crime lower legal aid work. 
Figure 3: Number of cases completed within crime lower, Jul-Sep 2012 to Jul-Sep 2015  
 
Figure 4: The value of completed crime lower cases, Jul-Sep 2012 to Jul-Sep 2015 
 
 
Note: Data on the value of completed cases are provisional and subject to change  

 
 
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Pre-charge suspects (Table 2.1 and 2.2) 
Pre-charge work made up almost two-thirds of the crime lower workload between July and 
September 2015 but less than half of crime lower expenditure.  Anyone in England and 
Wales who is interviewed by the police or attends a police station can receive advice funded 
by legal aid either on the telephone or by a solicitor in attendance with the suspect.  The LAA 
has limited control over the volume of police station claims. Changes to police numbers and 
priorities will lead to changes in the number of arrests, charges and cautions. 
Pre-charge legal aid workload between July and September 2015 fell by 8% compared to 
the previous year (see figure 5). Over the last three years the trend has been gradually 
downward, but not by as much as overall police recorded crime figures2. 
The majority of the pre-charge workload (85% in July to September 2015) consists of 
suspects receiving legal help with a solicitor in attendance at the police station; this has 
remained stable over the last year.    
Figure 5: Workload with pre-charge suspects, Jul-Sep 2012 to Jul-Sep 2015 
 
Magistrates’ court (Table 2.1, 2.2 and 3.1) 
Legally-aided representation in the magistrates’ court comprised around one-third of the 
crime lower workload between July and September 2015 and around half of crime lower 
                                               
2 http://www.ons.gov.uk/ons/rel/crime-stats/crime-statistics/year-ending-september-2014/stb-crime-in-
england-and-wales--year-ending-september-2014.html 
 

 
 
12 
 
expenditure. The volume of completed work in the magistrates’ court fell by 14% in this 
quarter when compared to the previous year.  
The number of orders granted for legally-aided representation in the magistrates’ court fell 
by 19% in this quarter when compared to the previous year. This continues the existing 
downward trend of the last 2 years, and disruptive action taken by some criminal legal aid 
providers during July and August may also have reduced the figure for the latest quarter to 
some extent. The overall number of receipts in the magistrates’ court3 (including those not 
involving legal aid) was 1% lower than in the same period of the previous year. Figure 6 
shows the overall number of receipts and the number of representation orders granted in the 
period. 
Receipts in the magistrates’ court include triable-either-way and indictable trials, summary 
motoring, summary non-motoring and breach cases. The overall number of receipts is much 
greater than the numbers of legal aid representation orders because applications for legal 
aid are not submitted for many of the less serious (summary) offences as the circumstances 
will not meet the criteria set out in the Interests of Justice test. 
The Interests of Justice test considers the merits of a case (for example a person’s previous 
convictions, the nature of the offence and the risk of custody) to determine if an applicant 
qualifies for legal aid. The more serious the charge or possible consequences for the 
defendant, the more likely that the case will qualify for legal aid.  
 
Figure 6: Magistrates’ court trends - representation orders granted and receipts, Jul-Sep 
2012 to Jul-Sep 2015  
 
 
 
 
                                               
3 https://www.gov.uk/government/collections/criminal-court-statistics 

 
 
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Prison Law (Table 2.1 and 2.2) 
Prison law made up less than 2% of the crime lower workload between July and September 
2015, but around 5% of expenditure. In July 2010 changes were made to legal aid for prison 
law, including a new requirement for legal aid providers to apply to the LAA for prior approval 
before starting work on treatment cases. Following those changes, prison law workload 
began to decline (see figure 7).   
In December 2013, under the Legal Aid Transformation (LAT) programme, changes were 
made to the scope of legal aid available for prison law4. These changes appear to have 
accelerated the reduction in workload, with a 19% fall in July to September 2015 compared 
to the same period the previous year. This fall has been driven by a reduction of over 1,000 
free standing advice and assistance cases (a fall of 40%) but, because it has been partially 
offset by an 8% increase in the relatively more costly claims for assistance at parole board 
hearings over the same period, expenditure on prison law has fallen by 5%.  
 
Figure 7: Volume of workload within prison law, Jul-Sep 2010 to Jul-Sep 2015 
 
 
 
                                               
4 http://www.justice.gov.uk/offenders/parole-board 

 
 
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Crime higher 
Representations at Crown Court (Table 3.2) 
The workload in the Crown Court can be broadly split into the following categories: 
Either way offence: An offence which can be tried either before the magistrates’ court or 
the Crown Court.  
Indictable offence: A criminal offence that can only be tried in the Crown Court.  
Committed for sentence: A case where a magistrate decides that the penalties available 
to them are inadequate and commits the case to the crown court for sentencing. 
Appeals: The Crown Court deals with appeals from magistrates’ court against conviction 
and sentence 
The number of legal aid representation orders granted in the Crown Court has been falling 
over the last 18 months, and has dipped more sharply in the latest 2 quarters. This trend is 
largely due to the reduction in cases received in the Crown Court overall over this period, 
which has also accelerated recently5 (see figure 8). Disruptive action taken by some criminal 
legal aid providers during July and August may also have reduced the figure for the latest 
quarter to some extent.  
These figures are subject to upward revisions in subsequent releases as some cases move 
up from the Magistrates’ to the Crown Court, so figures for the most recent 2 to 3 quarters 
are provisional. For more information please see the Guide to legal aid statistics. 
The types of orders that have fallen most over the last year are those for either-way offences 
and for committals for sentencing (see figure 9). These are the categories most subject to 
revision as cases move up from the Magistrates’ court. 
 
 
 
 
 
 
 
 
                                               
5 https://www.gov.uk/government/collections/criminal-court-statistics 
 

 
 
15 
 
Figure 8: Representation orders granted and receipts in the Crown Court, Jul-Sep 2012 to 
Jul-Sep 2015  
 
Figure 9: Representation orders granted in the Crown Court, Jul-Sep 2012 to Jul-Sep 2015, 
by case category 
 
 

 
 
16 
 
Volumes of cases completed in the crime higher category have declined slightly over the last 
three years, but the volume in the last quarter was comparable to the same period of the 
previous year (down 1%, see figure 10). These volumes are related only indirectly to trends 
in crime and new orders for legally-aided representation; they are driven largely by the 
number of sitting days in Crown Courts across England and Wales, which are in turn 
managed in response to workloads within the criminal justice system.  
The trend in the value of payments for completed cases in crime higher (figure 11) has been 
generally similar to that of the volumes over the last 3 years, but in the most two recent 
quarters value has increased more than volumes, and was 8% higher in July to September 
2015 than in the same period of the previous year. This reflects an increase in the proportion 
of this work which comprises relatively complex, lengthy trials. This has been accompanied 
by an increase in the amount of prosecution evidence involved, which is an important driver 
of legal aid costs. Together, these factors have outweighed the impact of reductions over 
this period to fees paid to solicitors and advocates for crime higher legal aid work.  
Figure 10: Number of cases completed within crime higher (Tables 4.2 – 4.4), Jul-Sep 2012 
to Jul-Sep 2015 
 
Note: High cost cases are case starts and both litigator and advocate case completions are 
included. 
 
 
 
 
 
 

 
 
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Figure 11: The value of completed crime higher cases (Table 4.2 – 4.4), Jul-Sep 2012 to 
Jul-Sep 2015 
 
Note: High cost cases are case starts and both litigator and advocate case completions are 
included. 
 
Very High Cost Cases (VHCCs) (Table 4.4) 
VHCCs are those cases in which, if the case were to proceed to trial, it would be likely to last 
more than 60 days. In fact, these cases can span a number of years and, while they may 
involve relatively small numbers of cases or defendants, the number of related contracts with 
providers and the amount spent are high in comparison. For each VHCC opened there may 
be multiple defendants, each represented by a different provider with separate VHCC 
contracts. The LAA makes decisions in relation to authority to incur expenditure for expert 
reports and runs a High Cost Case contracting scheme seeking to limit expenditure on these 
complex cases. 
Total expenditure on VHCCs between July to September 2015 was £7.4 million, a small 
increase on the previous quarter but a reduction of 31% compared to July to September 
2014. Falling VHCC costs are due to changes in rates paid and also a reduction in the 
proportion of cases classified as a VHCC due to the threshold being increased from 40 to 60 
days on 1 April 2013. VHCCs currently represent around 5% of the overall cost of legal aid in 
the Crown Court.  

 
 
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Civil legal aid 
Many events and issues in people’s lives which are not associated with crime, but which 
concern the rights and relations of private citizens, can also require legal assistance. These 
can be issues such as discrimination, dealt with through the telephone advice service, or a 
divorce with several court appearances.  
 
 
         
 
 
 
 
 
 
 
 
 
Civil legal aid can be broadly categorised into legal help (see tables 5.1 to 5.3) and civil 
representation (tables 6.1 to 6.7). The nature of each form of service is explained in the 
diagram above. The first point of contact for a client of civil legal aid is usually legal help, 
which covers help via telephone, face-to-face with a solicitor or at Not-for-Profit centres.  
Many of these matters will then extend into civil representation with full investigations 
undertaken or in-court representation given. However, under some circumstances a client 
Mediation: 
Family only
Civil Representation is 
representation by solicitors and 
barristers for civil cases which 
could go to court.
In this report the number of 
certificates granted is used to 
measure changes in Civil 
Representation workload.
Legal Help includes advice and 
assistance about a legal 
problem, but does not usually 
include representation or 
advocacy in proceedings.
In this report the number of 
matters started is used to 
measure changes to workload in 
Legal Help.
Controlled Legal Representation is representation in 
Mental Health and Immigration tribunals.  Unlike civil 
representation, determinations on legal aid are delegated to 
providers to make and would usually form part of the same 
legal help matter opened to deal with initial advice and 
assistance. 

 
 
19 
 
may enter straight into civil representation. Legal Aid for representation at the Mental Health 
Tribunal or the Immigration & Asylum Tribunal is funded through controlled legal 
representation.  
Legal aid for representation in other categories, or in higher courts for immigration and 
asylum or mental health, is funded through civil representation. Public funding is also 
available from the LAA for family mediation, which is an alternative to settling family disputes 
through court proceedings. 
The implementation of LASPO in April 2013 resulted in large reductions in legal help 
workload and expenditure.  However, since this initial fall workloads have levelled out overall 
at around one-third of pre-LASPO levels. In the last quarter new matter starts were 8% lower 
than in the same period of 2014.  
Workloads in civil representation also fell substantially following the implementation of 
LASPO, though by a smaller proportion than legal help. They now appear to be stable 
overall at around two-thirds of pre-LASPO levels. However, the number of certificates 
granted in the last quarter was up 9% compared to the same period of the previous year. 
 
Figure 12: Trends in overall legal help/controlled legal representation and civil 
representation, Jul-Sep 2012 to Jul-Sep 2015 
 
Civil representation and overall court volumes 
Figure 13 shows the number of certificates granted for legally-aided civil representation (see 
table 6.2) and the number of hearings and trials overall from court data, with figures from the 
latest release of Civil Justice Statistics quarterly (table 1.6). The trends were broadly similar 
until the implementation of LASPO, when there were large reductions in civil representation 
workload. More legal aid certificates are granted than the final number of hearings and trials 
as some claims do not reach court. 

 
 
20 
 
Over the last 2 years, as civil representation workload has stabilised, the trends have once 
again been broadly similar with a slight rise in recent quarters reflecting increases in public 
law family cases.  
 
Figure 13: Trends in civil representation and overall court workload - legal aid certificates 
granted and total number of hearings and trials, Jul-Sep 2012 to Jul-Sep 2015 
 
Civil legal aid by category of law (tables 5.1 - 6.7) 
A range of categories of law are covered within the scope of civil legal aid. Legal aid may be 
available for benefit appeals, debt (if your home is at risk), special educational needs, 
housing, discrimination issues, help and advice if you are a victim of domestic violence or 
issues involving a child being taken into care. A full list of the type of work contained within 
each category is given under ‘civil’ in the glossary in the Guide to legal aid statistics.  
Figure 14 shows the volume of completed work and the associated expenditure for each 
area of civil legal aid over the latest 12-month period, combining both legal help and civil 
representation. Although workloads are spread fairly evenly across categories, in 
expenditure terms family public law is by far the largest area of civil legal aid. 
 
 
 

 
 
21 
 
Figure 14: Civil legal aid volumes by category of law, October 2014 to September 2015 
 
Notes:  Figures are a combination of legal help / controlled legal representation matters started and 
civil representation certificates granted, and have been rounded so may not sum to totals. The figure 
for family mediation is not included within the Family (private) total and excludes mediation 
information and assessment meetings (MIAMs). Figures also exclude housing possession court duty 
scheme and telephone operator service volumes and expenditure. 

 
 
22 
 
Family 
The category of family legal aid covers work on both private and public family law and 
includes work associated with the Children Act, domestic abuse, financial provision and 
family mediation.  
Public family law is one of the most important components of legal aid, accounting for more 
than half of civil legal aid expenditure and more than a quarter of all legal aid expenditure. 
Public family cases may deal with issuing Care and Supervision Orders to protect vulnerable 
children and are primarily driven by the issuing of proceedings by individual Local 
Authorities. They are non-means and merits tested, and the LAA has no control over the 
volume of these cases.  
The LASPO Act removed many areas of civil law from the scope of legal aid, including some 
areas of private family law, and there was a large decrease in family legal help workload 
following its implementation. This now appears to have stabilised, but new matter starts in 
July to September 2015 were 17% lower than the same quarter of 2014. Civil representation 
fell less sharply following LASPO, and the trend levelled out subsequently. In recent quarters 
this has increased, largely due to an increase in public law family certificates (figure 15).  
Some areas of family legal aid, in particular domestic violence and public family law, were 
not affected by scope changes in the LASPO Act and so did not show large decreases in 
volume when the Act was introduced. In recent quarters, the civil representation workload for 
family public law has increased, being 17% higher in July to September 2015 than in the 
same period of the previous year, while in special children act proceedings within civil 
representation workload has increased 18% over this period (table 6.2). Legal help matters 
completed in family public law increased by 5% over this period and are now higher than 
before the LASPO Act was introduced (table 5.2).  
Figure 15: Family workload: legal help and civil representation, Jul-Sep 2012 to Jul-Sep 
2015 
 
Note: overall workload has been calculated by adding legal help matters started and civil 
representation certificates granted. 

 
 
23 
 
Family mediation  
Family mediation (tables 7.1 – 7.2) involves an independent and impartial professionally 
accredited mediator discussing problems with a divorcing or separating couple. The process 
is cheaper and quicker than using the courts and it also allows for a more flexible approach.  
Changes in legislation during April 2014 mean that most divorcing couples must now attend 
a mediation assessment before a matter can go to court. If an agreement cannot be reached 
through mediation alone, then some arrangements can be decided by a court order.  
A mediation assessment, sometimes also known as a MIAM (Mediation Information and 
Assessment Meeting), is an initial meeting between one or both parties and a mediator. The 
aim of the meeting is to see if mediation could be used to resolve the issue, rather than 
going straight to court.   
The number of mediation assessments fell sharply after the introduction of LASPO in April 
2013, but over the last year the number of mediation assessments has stabilised at around 
half of pre-LASPO levels, despite quarterly fluctuations (see figure 16).  
Figure 16: Family mediation assessments, Jul-Sep 2012 to Jul-Sep 2015 
 
Parties can attend mediation assessment meetings alone, separately or together.  The 
majority of couples attend assessment meetings separately. 
It is not possible from the data held by the LAA to track a family’s progress through the 
various stages of mediation. Although the number of mediations reaching each stage within 
a time period can be reported, it cannot be determined from a given set of assessments 
what proportion of them led to starts, or what proportion of starts led to agreements.    
Nevertheless, it can be seen that while the number of mediation starts fell by a similar 
proportion to assessments following LASPO, starts have recovered more strongly than 
assessments over the last year and were up by 19% in the latest quarter compared to the 

 
 
24 
 
same period in the previous year (see figure 17). This may suggest that a larger proportion 
of assessments are leading to starts now than before LASPO. 
Figure 17: Family mediation starts, Jul-Sep 2012 to Jul-Sep 2015 
 
Family mediation can be used to resolve issues to do with children or property and finance 
following divorce or separation, and the ‘all issues’ category describes mediations which deal 
with both areas.   
The children category consistently accounts for the majority of starts, comprising 64% of all 
mediation starts from July to September 2015 (figure 18).  
Figure 18: Family mediation starts by mediation type, Jul-Sep 2012 to Jul-Sep 2015 
 
All Issues
Children
Property & 
Finance
Total
Jul-Sep 2012
979
                
1,875
        
665
             
3,519
            
Oct-Dec 2012
865
                
1,786
        
591
             
3,242
            
Jan-Mar 2013
851
                
1,731
        
700
             
3,282
            
Apr-Jun 2013
688
                
1,506
        
516
             
2,710
            
Jul-Sep 2013
508
                
1,263
        
321
             
2,092
            
Oct-Dec 2013
498
                
1,088
        
297
             
1,883
            
Jan-Mar 2014
449
                
1,024
        
280
             
1,753
            
Apr-Jun 2014
452
                
1,071
        
264
             
1,787
            
Jul-Sep 2014
441
                
1,213
        
261
             
1,915
            
Oct-Dec 2014
446
                
1,245
        
306
             
1,997
            
Jan-Mar 2015
572
                
1,470
        
339
             
2,381
            
Apr-Jun 2015
553
                
1,451
        
422
             
2,426
            
Jul-Sep 2015
492
                
1,455
        
328
             
2,275
            

 
 
25 
 
Mediations can either break down or result in an agreement. Mediations in the ‘all issues’ 
category can reach full agreement, where agreement is reached on all issues, or partial 
agreement, wherein an agreement has been reached on either children or property and 
finance, but not both. As such, successful agreements include both partial agreements and 
full agreements.  Over the last year 63% of all mediation outcomes involved successful 
agreements. Of these successful agreements, the children category had the highest 
proportion of its agreements being successful (67%) (Figure 19).  
Figure 19: Total family mediation, percentage of successful agreements, by mediation type, 
October 2014 to September 2015. 
 
 
Non-family 
Following the implementation of LASPO the non-family area of civil legal help has reduced 
and some areas of law have fallen out of scope. 
Mental Health 
Within mental health the majority of funding is spent on providing assistance to sectioned 
clients appealing the terms of their detention before a mental health tribunal. Although a 
distinct level of funding, controlled legal representation, which relates to representation at the 
Mental Health Tribunal, is here reported alongside legal help. 
There is a statutory duty to provide advice and representation in these cases, and they are 
funded without reference to a client's means. The number of providers carrying out this work 
is small compared with some other categories. Providers have to travel to discreet NHS and 
private hospital locations to advise high priority detained clients. More information on mental 
health tribunals is available on the gov.uk website https://www.gov.uk/mental-health-
tribunal/overview 

 
 
26 
 
Over the last three years there has been a gradual increase in the volume of those legally 
aided at a mental health tribunal, but workload in July to September 2015 was down by 10% 
compared to the same period of the previous year (see figure 20). 
 
Figure 20: Workload in mental health, Jul-Sep 2012 to Jul-Sep 2015 
 
Note: workload has been calculated by adding legal help / controlled legal representation 
matters started and civil representation certificates granted. 
Immigration 
The LASPO Act, which came into effect on 1 April 2013 made changes to the scope of legal 
aid for immigration law, but some areas remained in scope. These include asylum, 
immigration-detention, victims of trafficking or domestic violence and judicial review. 
Although a distinct level of funding, controlled legal representation, which relates to 
representation at the Immigration and Asylum Tribunal at the First-tier-Tribunal (FTT) and 
Upper-tier-Tribunal (UTT), is reported alongside legal help. 
The volume of legally aided immigration cases halved between April to June 2012 and April 
to June 2013.  
This fall was caused entirely by the removal from scope under the LASPO Act of nationality 
and visit visas work. Although this category cannot be separately identified within data on 
civil representation, legal help and controlled legal representation data show that new matter 
starts for this type of work fell from more than 5,000 to just a few cases in each quarter 
following the introduction of the LASPO Act.  
The workload that remains in the immigration category consists largely of asylum-related 
work. Having fallen by 40% over the 5 years to 2013-14, new matter starts in the asylum 

 
 
27 
 
category stood at 9% higher in the July to September quarter than in the same quarter of the 
previous year (see figure 21). 
 
Figure 21: Workload in immigration, Jul-Sep 2012 to Jul-Sep 2015 
 
Note: workload has been calculated by adding legal help / controlled legal representation 
matters started and civil representation certificates granted. 
 
 
 

 
 
28 
 
Housing 
The LASPO Act, which was implemented in April 2013, made changes to the scope of legal 
aid for housing issues, but some areas remain in scope. These include cases where there is 
serious disrepair or homelessness and possession proceedings.  
The volume of legally-aided housing cases halved between July to September 2012 and July 
to September 2013 (see figure 22). In the last quarter there was a 9% decrease compared to 
the same quarter the previous year. Workload figures in this category of law are driven by 
legal help, which comprises more than 80% of overall housing legal aid volume. 
Figure 22: Workload in housing law, Jul-Sep 2012 to Jul-Sep 2015 
 
Note: workload calculated using legal help matters started and civil representation 
certificates granted. 
 
 
 

 
 
29 
 
Other non-family 
Figure 23 below shows the civil legal aid workload in areas of law other than family, mental 
health, immigration and housing. These tend to have much lower volumes of work, with 
some categories removed from the scope of legal aid by the introduction of the LASPO Act. 
Figure 23: Other non-family workload: legal help and civil representation, Jul-Sep 2014 to 
Jul-Sep 2015 
 
Note: workload has been calculated by adding legal help matters started and civil 
representation certificates granted. A longer time series for legal help new matter starts can 
be found in table 5.1 and for civil representation certificates granted in table 6.2. 
 
 
Jul-Sep 
2014
Oct-Dec 
2014
Jan-Mar 
2015
Apr-Jun 
2015
Jul-Sep 
2015
Actions against the police etc.
720
736
699
710
633
Clinical negligence
129
149
55
111
80
Community care
886
965
1,186
1,245
810
Consumer
0
1
0
0
0
Debt
350
399
299
272
196
Discrimination
312
482
423
441
366
Education
414
411
477
436
431
Employment
5
4
2
2
0
Miscellaneous
113
106
55
167
200
Personal injury
1
3
1
2
3
Public law
582
558
518
522
605
Welfare benefits
159
112
73
61
49
Other Non-family
3,671
3,926
3,788
3,969
3,373
       

 
 
30 
 
Civil legal aid subcategories 
Legal help telephone service 
Figure 24 shows the nature of the legal help telephone service. The first point of contact for 
a client is usually the telephone operator service. The operator service diagnoses a client’s 
case which, if in scope and financially eligible, is forwarded on to a specialist provider.  
Between October 2014 and September 2015, 20% of telephone operator cases were 
referred to the specialist telephone service for advice, where a specialist then assessed 
whether the matter should be started, or instead determined (for example because it is 
subsequently deemed out of scope, lacks merits or the client has failed to provide evidence). 
The remaining 80% of cases were dealt with entirely by the operator service. In such 
instances the client is referred to a face to face legal help provider, an alternative helpline or 
offered self-help resources.  
Figure 24: Workload in telephone service, October 2014 to September 2015 
 
Note:  Figures have been rounded so may not sum to totals. Further detailed figures for 
specialist telephone advice can be found in the accompanying CSV file. 
 
 
 

 
 
31 
 
Judicial reviews 
Legal aid for judicial reviews mainly takes the form of civil representation. It may relate to 
any category of civil law and can be awarded to those requiring assistance in challenging a 
government decision. 
Of all civil representation applications granted, fewer than 5% relate to judicial review. The 
number granted in July to September 2015 was 8% higher than the same period of the 
previous year. 
The CSV file of underlying figures published alongside this document additionally includes 
figures for applications, applications granted, and outcomes (showing whether the case is 
considered a Judicial Review).  
Figure 25: Judicial Review applications granted by category, Jul-Sep 2014 to Jul-Sep 2015 
 
 
 
Applications for civil representation legal aid in private family law cases on the 
basis of evidence of domestic violence or child abuse 
With effect from April 2013, the LASPO Act removed legal aid for most private family law 
including issues such as contact or divorce. However, legal aid remains available for such 
cases where there is a risk of domestic violence or child abuse. Applicants are granted legal 
aid funding for these cases if they can prove the incidence or risk of domestic violence or 
child abuse through a range of prescribed forms of evidence.  
Between 1 April 2013 and 30 September 2015 the Legal Aid Agency received 18,203 such 
applications. During this same period 12,149 such applications were granted (Figure 26).  
There has been a steady upward trend both in applications and numbers of certificates 
granted, with the number granted during July to September 2015 17% higher than the same 
period of the previous year. Note that applications granted in a period do not necessarily 
relate to those applications received within the same period; some relate to applications from 
previous periods. 
Tables 6.8 and 6.9 of the Main Tables published alongside this report provide detailed 
figures on this type of application. The majority of applications cite evidence relating to 
Category
Jul-Sep 
2014
Oct-Dec 
2014
Jan-Mar 
2015
Apr-Jun 
2015
Jul-Sep 
2015
Actions against the police etc.
4
0
2
4
4
Community care
138
136
132
131
144
Debt
0
0
0
1
0
Education
2
6
5
6
3
Housing
124
139
135
150
142
Immigration
351
286
315
315
385
Mental health
5
7
5
4
2
Miscellaneous
32
33
20
24
15
Other public law Children Act proceedings
1
1
0
6
0
Public law
260
248
208
242
300
Welfare Benefits
2
2
0
3
0
Judicial Review total
919
858
822
886
995

 
 
32 
 
domestic violence. Most of the remainder cite evidence relating to child abuse, but for a 
minority of applications the evidence category is unknown or unclear from the data held for 
reporting purposes.  
For more details on revisions and data quality for this category of legal aid applications, see 
the Guide to legal aid statistics.  
Figure 26: Applications, and certificates granted, for civil representation legal aid in private 
family law cases on the basis of evidence of domestic violence or child abuse, Apr-Jun 2013 
to Jul-Sep 2015 
 
 

 
 
33 
 
Exceptional case funding 
Under some circumstances clients can get civil legal aid even though their case is not in 
scope.  This is known as exceptional case funding (ECF) and these cases are dealt with by 
an ECF team within the LAA. See tables 8.1 and 8.2 for detailed figures on ECF. 
ECF was introduced from 1 April 2013 as part the Legal Aid Sentencing and Punishment of 
Offenders Act 2012 (LASPO).  
An ECF application for civil legal services is made where a case falls outside the scope of 
civil legal aid but the client or conducting solicitor believes there is a requirement to provide 
funding.  This is because failure to do so would be a breach of the Human Rights Act 1998, 
or any rights of the individual to the provision of legal services that are enforceable EU 
rights.  
An ECF determination can only be granted if: 
 
the means criteria are met (this relates to the client’s financial eligibility), and  
 
the merits criteria are met (this relates to the likelihood of the client being 
successful), and  
 
the above exceptional case criteria are met. 
More information on the means and merits criteria can be found on the gov.uk website 
https://www.gov.uk/work-out-who-qualifies-for-civil-legal-aid 
Unlike other legal aid applications, clients can make ECF applications directly to the LAA.  If 
the ECF application sent directly by the client is likely to be granted, their application is given 
a preliminary grant subject to a full ECF application being submitted in conjunction with a 
legal aid provider. Prior to 12 November 2015 this was called a positive preliminary view 
(PPV). 
More information on ECF and the procedure for applying as an individual can be found on 
the gov.uk website https://www.gov.uk/legal-aid-apply-for-exceptional-case-funding 
 
Applications 
There were 300 applications for ECF received between July and September 2015. This is 
similar to the equivalent period during 2014.  
82% of ECF applications received from April to June 2015 were new, which is a slightly 
higher proportion than same period of the previous year (see Figure 28) but consistent with 
the previous quarter. 
For the 245 new applications, the average turnaround time for assessment was 10 working 
days, against a target of 20 (see figure 28). There were 55 applications re-submitted for 
review; this is a case which has previously been rejected or refused ECF funding and has 
been resubmitted by the client for reconsideration. During July to September 2015, the 
average turnaround time for reviews was 6 working days, against a target of 10.   

 
 
34 
 
Figure 27: Volume of ECF applications received, new or review, Apr-Jun 2013 to Jul-Sep 
2015. 
 
Figure 28: ECF application turnaround time, new and review, Apr-Jun 2013 to Jul-Sep 2015. 
 
Note: The average turnaround times given above exclude cases currently awaiting 
assessment as of 30 November. The turnaround time for each ECF application starts on the 
date it is received by the LAA ECF team and finishes on the day a decision over the case is 
made, excluding weekends, bank holidays and time spent waiting for further information 
from the applicant. 

 
 
35 
 
This quarter, 25 ECF applications (8%) were made directly by the client, which is greater 
than the same period last year. The remaining 275 applications (92%) were made by legal 
aid providers.  
Determinations 
Applications that are not withdrawn by the client can receive three different determinations: 
rejection, refusal or grant (PPV if submitted by an individual prior to 12 November 2015). For 
an application to be granted it must meet the three appropriate criteria detailed at the 
beginning of the chapter. Applications may be refused if they do not meet these criteria. 
Rejected applications differ in that they do not get to the stage where they would be 
assessed against the means and merit criteria.  This will be because they are either: 
 
in scope (eligible) for legal aid, 
 
an incomplete application, or 
 
“other” which encompasses issues such as the timeliness of submission and eligibility for 
review 
Of the 300 ECF applications received between July and September 2015, 282 (94%) were 
determined by the LAA as of 30 November 2015, with the remaining 18 awaiting 
assessment. An additional 8 applications remain awaiting a determination from last quarter, 
2 from Jan-Mar 15 and 2 from Oct-Dec 14 (see figure 29). 
Figure 29: Current status of ECF applications received and determinations made, October 
2014 to September 2015. 
 
 
 

 
 
36 
 
The number and proportion of ECF applications being granted has generally been increasing 
since the scheme was first introduced in April 2013 (see figure 30). Between July and 
September 2015, almost half of all applications that had been determined were granted; this 
is the highest number and proportion of grants since the scheme began.  
In the same period, just over a quarter of applications were refused and about a quarter were 
rejected. The number and proportion of ECF applications being refused has generally been 
falling since July to September 2013, whilst rejections have remained relatively steady. 
 
Figure 30: ECF determinations by outcome, Apr-Jun 2013 to Jul-Sep 2015. 
 
 
The increase in the proportion now being granted is likely to be due to a change in the way 
cases are decided. On 13 June 2014, judgment was handed down in the case of 
Gudanaviciene and others v Director of Legal Aid Casework [2014] EWHC 1840 (Admin). The 
claimants, who were each seeking to challenge various immigration decisions, successfully 
argued that they should have been granted legal aid under the exceptional case funding 
regime. The judgement stated that the level required to justify legal aid was set too high and 
as a result the threshold was lowered.  
This is supported by the figures, which show that a much higher proportion of ECF 
immigration applications have been granted since that judgement (see table 8.2). In the 
latest quarter, over three-quarters of all immigration applications determined so far were 
granted. This is nearly four times more than the same period last year and has been 
increasing sharply in the past two quarters. 
 

 
 
37 
 
Among ECF applications received between July and September 2015, immigration (31%), 
family (28%), and inquest (22%) were the most requested categories of law (see figure 31).   
Just over half of all inquest applications in Jul-Sep 15 were granted, although 11 of the 18 
applications from this quarter that are still awaiting a determination were inquests, so this 
figure may yet change. Inquests comprise 21 of the 30 applications still outstanding from all 
periods.  
Figure 31: ECF determinations by category of law, Jul-Sep 2015. 
 
 
Area of law
Positive 
Preliminary 
View Awaiting Granted Refused Rejected Withdrawn
Total
Immigration
2
2
70
12
7
0
93
       
Family
0
0
30
21
32
0
83
       
Inquest
0
11
29
16
9
0
65
       
Other
0
1
2
13
19
0
35
       
Housing/Land Law
0
3
1
13
5
0
22
       
Welfare Benefits
0
1
0
1
0
0
2
         
Grand Total
2
18
132
76
72
0
300
     

 
 
38 
 
Annual updates 
Statistics on the following topics are updated on an annual basis, in the Legal Aid Statistics 
bulletin published following the final (January to March) quarter of the financial year. 
Appeals and representations 
This section of legal aid statistics contains figures on: 
 
Funding appeals- these are appeals against determinations made by the LAA. They 
include reviews and full appeals against determinations on whether a client qualifies 
for legal aid, scope decisions or the extent of funding granted for a case.   
 
Representations- when legal aid funding is granted to an individual, their opponents 
or other third parties may make representations against the grant of legal aid or 
continuation of funding. Representations may be made concerning the legal merits of 
the case, the financial means of the applicant, or both. 
This section is updated annually as only partial data is available on a quarterly basis.  The 
most recent edition of this section can be found here: 
https://www.gov.uk/government/statistics/legal-aid-statistics-january-to-march-2015 
 
Legal aid providers 
Legal aid services in England and Wales are delivered through solicitor firms, Not-for-Profit 
organisations, telephone operators and barristers who are contracted by the LAA to do legal 
aid work. This section of legal aid statistics presents the number of provider offices who have 
completed work and received associated payments from the LAA in any given quarter or 
financial year.  
A CSV file of underlying data is published alongside gives anonymised figures for each 
provider office for the volume of work completed, the type of work and the associated 
expenditure. 
The most recent edition of this annual section can be found here: 
https://www.gov.uk/government/statistics/legal-aid-statistics-january-to-march-2015 
 
Clients and provider characteristics 
This section of legal aid statistics shows the breakdown of client characteristics over the 
different areas of legal aid compared with the national breakdown from the latest population 
estimates from the Office for National Statistics. 
The most recent edition of this section also shows breakdowns of provider characteristics 
derived from an online survey carried out by the LAA in January and February 2015. 

 
 
39 
 
The most recent edition of this annual section can be found here: 
https://www.gov.uk/government/statistics/legal-aid-statistics-january-to-march-2015 
Other criminal legal aid 
This section covers areas of criminal legal aid that are not covered in the crime lower and 
crime higher categories. These include: 
Discretionary and legacy claims  
This is legal aid in the Crown Court covering discretionary and legacy claims related to 
graduated fee schemes  
 
Discretionary claims for costs under a Representation Order i.e. litigators’ claims for 
confiscation proceedings, and advocates’ claims for committals for sentence and 
appeals to the Crown Court, and breaches of Crown Court orders  
 
Proceedings predating the various fixed fee schemes (legacy cases) or falling 
outside the scope of the formal schemes. 
The Higher Courts: Court of Appeal and Supreme Court  
Legal aid for the higher courts is expenditure paid by the Court of Appeal, Senior courts cost 
office and Supreme Court, and is administered by those courts. The grant of legal aid is also 
determined by the courts, for an Interest of Justice test only as there are no means tests for 
this area. 
Central Funds  
This category relates to the reimbursement of defendants who have been acquitted after 
privately funding their legal representation and other associated defence costs such as 
expert fees and interpreters. Payments from central funds are normally triggered when a 
judge grants a Defence Cost Order (DCO) for legal aid at Magistrates, Crown or higher 
courts.  
The most recent annual edition of this section can be found here: 
https://www.gov.uk/government/statistics/legal-aid-statistics-january-to-march-2015 
 
 
 
 

 
 
40 
 
Annex A - Contact points for further 
information 
Press enquiries on the contents of this bulletin should be directed to the Ministry of Justice 
press office: 
 
Ashley Winter 
Tel: xx-xxxx-xxxx 
Email: xxx@xxx.xx 
 
 
Other enquiries about these statistics should be directed to: 
 
Richard Field, Head of Statistics 
Legal Aid Agency 
7th Floor, 102 Petty France 
London SW1H 9AJ 
Tel: xx-xxxx-xxxx 
Email: xxx@xxx.xx 
 
 
General information about the official statistics system of the UK is available from 
http://statisticsauthority.gov.uk/about-the-authority/uk-statistical-system 

 
 
Legal Aid Statistics Quarterly July to September 2015 
 
41 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
© Crown copyright 
Produced by the Ministry of Justice 
Alternative formats are available on request from xxx@xxx.xx