The Family Mediation Council (FMC) has urged the Government to act urgently after a Justice Select Committee report backed calls to increase legal aid rates for family mediators, which have remained frozen for 25 years.
Access to Justice: Legal Aid was published on 17 July 2026. The report follows an inquiry by the Justice Select Committee into civil legal aid, and concludes that legal aid capacity is significantly constrained, recommending action to improve access and ensure provision meets demand.
“The Committee has recognised what family mediators have been saying for years. Legal aid rates paid to family mediators must be raised,” says Stephen Burke, Chair of The FMC.
“The report confirms what we see every day: too many families simply cannot access legally aided family mediation.
“Frozen rates mean that in some parts of the country providers have stopped offering legally aided mediation. The low rates mean they effectively lose money by taking on new cases. Others who maintain accreditation are limiting the number of legal aid clients they work with because of the financial implications.
“Legal aid is becoming a right on paper rather than a service that families can actually access. There is little point qualifying for legal aid if you cannot find a mediator who is able to take your case.
“The FMC is pleased this authoritative Select Committee report recognises the crisis, and that it is clear in its recommendations to the Ministry of Justice,” says Stephen Burke.
“This is about improving access to justice for families. Access to family mediation is now severely limited for many separating families who rely on legal aid. Too many families wanting to make mediated agreements over parenting, property or money are unable to do so.
“Improving access would also reduce pressure on an already overstretched family court system by helping more families resolve disputes without litigation.
“Families who cannot access legal aid mediation are left with stark choices: pay substantially more to resolve disputes through solicitors and the courts, or leave disputes over children, finances or property unresolved.
“Over half of mediators who are still offering legal aid have told the FMC they envisage a situation where they will need to stop taking on new legal aid cases, or strictly ringfence time spent on them.
Data monitoring flaws
Mr Burke says the Select Committee report has drawn fresh attention to some alarming information.
“The Committee points out that the Legal Aid Agency is not accurately monitoring the number of mediators who offer legal aid, instead relying on data which overstates provision.
“We are pleased the report recommends that Ministers confirm how it monitors whether there is sufficient legally aided mediation capacity to meet demand. As the FMC, we know there is currently not enough capacity to meet demand, and we know why.
“It is clear there are serious flaws in Legal Aid Agency monitoring that need to be corrected urgently,” added Stephen Burke.
Among the report’s recommendations are that the Ministry of Justice should consider financial inducements to providers to ensure legally aided provision exists in areas which currently lack it.
“We trust the new Secretary of State will take action to protect legally aided family mediation.”
“The evidence is now overwhelming. The Government has an opportunity to reverse years of decline and ensure that families who qualify for legal aid can actually access the mediation they are entitled to,” added Stephen Burke.
Notes to editors:
Key quotes from the report include:
“The Ministry of Justice lacks a sufficient understanding of legal aid demand, and consequently its current measures of service coverage are invalid. The Legal Aid Agency, due to the powers delegated to it as an executive agency, lacks the authority or tools to intervene effectively and ensure service provision.” (para 101)
“Legal aid capacity is significantly constrained across all areas of social welfare law and mediation.” (102)
“The reduction in the number of legal aid providers, both nationally and within particular areas of law and geographical regions, is sufficient to demonstrate that legal aid service provision is insufficient. There is no evidence to suggest that demand for legally aided services has decreased in line with this reduction.” (103)
“We received wide-ranging evidence that legal aid rates are not financially viable for providers across all categories of civil legal aid.” This included evidence from family mediators. (73)
“We have received correspondence that the LAA may not be monitoring the number of mediators who offer legal aid. Rather, it may rely on office numbers which overstates the availability of legally aided mediation, since one mediator can travel to many different offices. Compared with 2018, 50% fewer mediators offer legal aid, leaving families without access to crucial mediation.” (99)
