Westminster Policy News & Legislative Analysis

Civil legal aid fees rise and HLPAS update from 22 Dec 2025

The Ministry of Justice has made the Civil Legal Aid (Procedure and Remuneration) (Amendment) Regulations 2025 (SI 2025/1248). Signed on 27 November, laid before Parliament on 1 December, and commencing on 22 December 2025, the instrument raises Controlled Work fees in housing, debt, immigration and asylum and aligns procedure rules with the Housing Loss Prevention Advice Service.

Regulation 2 updates the Civil Legal Aid (Procedure) Regulations 2012 by replacing references to the Housing Possession Court Duty Scheme with the Housing Loss Prevention Advice Service. It also updates cross-references from 2013 to 2024 to reflect the current remuneration framework linked to HLPAS. For providers, this removes residual references to the former duty scheme and clarifies which schedule governs payment for attendance at court and related activity.

Schedule 1 of the Civil Legal Aid (Remuneration) Regulations 2013 is amended so that Table 1 ‘Housing’ no longer governs HLPAS work; HLPAS fees are expressly held in Table 6(a). This separation is intended to keep duty scheme remuneration distinct from standard housing legal help, reducing ambiguity during claims submission.

Standard fees are uplifted in two key categories. In debt, the standard fee rises from £180 to £256 and the escape fee threshold increases from £540 to £768. In housing, the standard fee rises from £157 to £223 and the escape fee threshold moves from £471 to £669. These figures apply to Controlled Work and should be reflected in matter start scoping and file budgeting from the commencement date.

Further changes restructure immigration and asylum remuneration tables. Additional payments increase to £360 for a UKVI interview and to £203 for National Referral Mechanism work. Several tables are substituted or omitted to consolidate provisions, including omission of Table 4(ca), omission of Table 6, and substitution of Table 6(a) for HLPAS.

Part 2 on hourly rates for Controlled Work is retitled and reorganised. Headings now expressly cover mental health, claims against public authorities, public law, education and community care; family and miscellaneous (employment); and family help (lower) and related legal help in relation to section 31 of the Children Act 1989. Table 7(d) is omitted, with new versions of Tables 8(a) and 8(c) inserted to reflect the revised structure.

The Explanatory Note confirms that hourly rates for preparation and attendance across the affected categories rise to at least £65.35 (non‑London) and £69.30 (London), or by 10%-whichever is higher. Fixed fees and escape fee thresholds are uplifted by the same percentage as the underlying hourly rate for each work type. Rates in Table 8(ca) are not increased because they are not payable for Controlled Legal Representation commenced on or after 1 April 2023.

A saving provision clarifies application. Cases where the application for civil legal services was signed before 22 December 2025 remain on the previous rates. The relevant trigger is the signature date on the legal aid application, so providers should verify file dates before applying the new scales.

The procedural change follows the replacement of the Housing Possession Court Duty Scheme by HLPAS on 1 August 2023 via the Civil Legal Aid (Housing and Asylum Accommodation) Order 2023 (SI 2023/147). Today’s update ensures the 2012 Procedure Regulations and related remuneration references are consistent with that earlier policy move.

Operationally, firms should update case management and time‑recording templates to capture the new London and non‑London hourly rates, check claim routing for HLPAS matters under Table 6(a), and recalibrate escape assessments against the higher thresholds. Supervisors may also wish to refresh public‑facing information to reflect revised fixed fees and ensure clients are given accurate estimates under the new scales. An impact assessment is available via the instrument’s Explanatory Memorandum.