Dramatic drop in eligibility for civil legal aid

Figures produced by the Ministry of Justice (MoJ) suggest that the proportion of the population eligible for civil legal aid dropped by nearly 50% between 1998 and 2007, with a particularly sharp decline between 2005 and 2007.
 
The figures are contained in an answer to a Parliamentary Question by Dr Ashok Kumar MP, published in Hansard on 20 February 2008, which can be found on parliament's website
 
The MoJ estimates eligibility by using a model based on the Family Resources Survey – a random survey of about 28,000 households. Their estimates are as follows:
 
The year followed by the estimated proportion of the population of England and Wales eligible for civil representation
 
1998 - 52%
1999 - 51%
2000 - 50%
2001 - 46%
2005 - 41%
2007 - 29%
 
According to the MoJ and LSC, the drop in eligibility is the result of a number of factors, namely, an increase in average earnings faster than the rate of inflation, demographic changes relating to age and partnership status of the population, the introduction of working tax credits and child tax credits and the "New Focus" reforms to civil legal aid.
 
They also state that the reduction in eligibility is not down to a reduction in passportable benefits, because although claimants of income support and income-based JSA have declined, the introduction of Pension Credit in 2003 has significantly increased the size of the passported population.
 
The dramatic drop in eligibility for legal aid is cause for concern of itself. Also of concern is the extent to which those most in need of legal aid are those who are still eligible for it.
 
The Legal Services Research Centre carries out ongoing research into the incidence of legal problems. It would be useful to cross-refer that research with information about changes to eligibility to ensure that legal aid is being spent on those who need it most.