delete The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Amendment) Order 2024
This Order amends Schedule 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to expand legal aid eligibility in domestic abuse cases. It adds: (1) new category (f) making appeals under section 46(1) or (5) of the Domestic Abuse Act 2021 eligible for civil legal aid advocacy, and (2) new provision (ba) in paragraph 7(b) relating to domestic abuse protection orders under section 28 of the Domestic Abuse Act 2021. The Order applies to England and Wales only.
Legal aid is a state monopoly on legal services for specified groups that suppresses market alternatives and drives up costs through subsidized demand. While access to justice is important, this regulation perpetuates dependence on government-funded representation rather than enabling private market solutions such as legal expense insurance or competitive legal services. The regulation does not address any of the core Better Britain concerns (EU-derived rules, gold-plating, City competitiveness, planning, or NHS reform), yet it still expands state involvement in the legal services market. Domestic abuse victims would be better served by a competitive legal market with varied pricing and options than by a government-managed legal aid system with limited provider networks and potential for bureaucratic inefficiency.