Legal aid and family mediation: the data
Key facts
- Nearly half of parents now go to family court without a solicitor: in 49% of private law disposals in early 2026, neither side had legal representation.
- That share rose three percentage points on the year, while both parties were represented in just 13% of cases, down one point.
- Legal aid for family mediation survived the 2013 LASPO cuts that removed it from most private family law.
- If either person qualifies, legal aid can make the MIAM and the first joint mediation session free for both.
- Legal aid for mediation is means tested, and the £500 voucher scheme fills the gap for families who do not qualify.
The most quoted figure in the latest family court data is about legal representation, not delay. In 49% of private law disposals in January to March 2026, neither parent had a solicitor. Nearly half of parents are now going through disputes about their children with no lawyer on either side. This page explains how that came about, what legal aid still covers, and how the voucher scheme fills part of the gap. For who qualifies and how to check, see our guide to legal aid for family mediation.
Legal aid is one of the least understood parts of family separation. Many people assume it disappeared entirely years ago. In fact it was deliberately kept for mediation, and it remains one of the main routes to free or low-cost help, even as it was withdrawn from most court representation.
This page is part of our family mediation statistics hub, where every figure is dated and sourced.
Nearly half of parents have no solicitor
The representation figures are striking, and they have been moving in one direction for years. More people are representing themselves, known as litigants in person, in disputes that are often emotionally charged and legally complex.
| Legal representation in private law disposals | Jan to Mar 2026 | Change on the year |
|---|---|---|
| Neither party represented | 49% | Up 3 percentage points |
| Both parties represented | 13% | Down 1 percentage point |
When neither side has a solicitor, hearings take longer, applications are more likely to contain errors, and parents carry more of the strain themselves. The rise in litigants in person is one of the clearest signatures of the 2013 legal aid changes, and it is a major reason an affordable, guided route such as mediation matters so much.
The 13% figure, for cases where both parents are represented, is just as revealing as the 49%. It means that in only about one case in eight does the traditional picture of two lawyers negotiating on behalf of their clients still apply. In the great majority of private law disposals, at least one parent, and usually both, is handling the case alone. That is a profound change from how the family courts operated a generation ago, and it reshapes what kind of help separating parents actually need.
How LASPO reshaped legal aid in 2013
The turning point was the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which took effect on 1 April 2013. It removed legal aid from most private family law cases, meaning most parents could no longer be publicly funded to have a solicitor represent them in disputes about children or finances. Mediation, and legal help that supports it, was kept as a deliberate exception.
When the Legal Aid, Sentencing and Punishment of Offenders Act 2012 took effect in April 2013, it removed legal aid from most private family law cases. Family mediation was a deliberate exception, and legal aid for mediation, and for legal help supporting it, was retained. This is why mediation can still be free when court representation is not.
The effect was immediate. Because solicitors could no longer be funded to advise clients first, far fewer people were referred into mediation, and the number of publicly funded mediation starts fell sharply. The share of parents in court without representation, meanwhile, climbed steadily to the 49% recorded in early 2026.
What legal aid still covers for mediation
Legal aid for family mediation is very much alive, and it is more generous than many people realise. If one person qualifies, both can benefit from parts of it.
| Element | Covered by legal aid? |
|---|---|
| The MIAM | Yes, free if either person qualifies |
| First joint mediation session | Yes, free for both if one qualifies |
| Further joint sessions | Yes, for the person who qualifies |
| Help turning agreement into a consent order | Yes, under Help with Family Mediation |
This is a real advantage over court. Even where only one person is eligible on income grounds, the MIAM and the first joint session are free for both, which often gets a case moving at no cost. Legal aid also covers Help with Family Mediation, so a solicitor can turn a mediated agreement into a binding consent order.
The means test
Legal aid for mediation is means tested, based on income, certain benefits and savings. People on qualifying benefits usually pass automatically, and others are assessed on what they earn and hold. The test can look complex, but a mediator can check it quickly at your MIAM, so you do not need to work it out alone before getting in touch.
| Factor in the means test | What is looked at |
|---|---|
| Income | Your regular earnings and household income |
| Benefits | Certain benefits can qualify you automatically |
| Savings and capital | What you hold in savings and assets |
An important feature of the test is that it looks at each person separately. That is why only one of you needs to qualify for both to benefit from the MIAM and the first joint session. In practice this means a lower-earning parent can open the door to funded mediation even where the other could not claim on their own. If you are unsure, it costs nothing to ask a mediator to run the check, and the assessment is quick.
Why the 2013 change still shapes the data today
More than a decade on, the effects of LASPO are still visible in every quarterly release. The steady climb in unrepresented parents, to 49% in early 2026, traces directly back to the withdrawal of legal aid from most private family cases. So does the fall in publicly funded mediation starts after 2013, because the referral route through solicitors largely closed. The voucher scheme, launched in 2021, was in large part a response to that, an attempt to rebuild a funded path into mediation that did not depend on legal aid.
Understanding this history helps make sense of the present. The system did not set out to leave half of parents without a lawyer; it withdrew funding from representation while keeping it for mediation, expecting more people to resolve disputes out of court. The representation figures show how far the first part of that has gone. The voucher outcomes show that the second part, resolving disputes without a contested hearing, genuinely can work when families are given an affordable route to it.
The voucher filling the gap
For families who do not qualify for legal aid, the £500 voucher scheme, launched in 2021, was introduced partly to fill the space LASPO created. Because it is not means tested, it reaches families who earn too much for legal aid but still want an affordable, non-court route. Between the two schemes, many families now pay little or nothing for mediation.
The practical point
If money is a worry, do not rule out mediation. Between legal aid and the £500 voucher, many families pay little or nothing, and a mediator checks both for you at the MIAM. With nearly half of parents now unrepresented in court, a guided, affordable route is more valuable than ever.
A parent on a low income was preparing to apply to court about contact, with no solicitor and little idea where to start. At a MIAM the mediator confirmed she qualified for legal aid, which made the meeting and the first joint session free for both parents. Three sessions later they had a workable arrangement, and legal help under the scheme turned it into a consent order. What would have been an unrepresented court case became a funded, settled agreement.
Why represented cases take longer
One finding in the data is easy to misread. Cases where the parties have solicitors tend to take longer to resolve than cases where they do not. It would be wrong to conclude from this that lawyers cause delay. The opposite is closer to the truth: the cases that most need a solicitor are usually the more complex and contested ones, involving disputed facts, allegations, or difficult financial or welfare questions. People instruct solicitors precisely because those cases are hard, and hard cases take longer whoever runs them.
The distinction matters because it is often quoted the wrong way round. The figures describe the cases, not the quality of the advice. A good solicitor can shorten a difficult case and protect a vulnerable party, and in some situations legal representation is essential. The point of the data is not that representation is bad, but that so many parents now have none, and that a structured, affordable alternative is badly needed.
How mediation supports people without a solicitor
This is where mediation earns its place in the figures. For the 49% of parents facing court with no lawyer, a mediator offers something a courtroom does not: a guided, structured process designed to be used without legal training. The mediator manages the conversation, keeps it focused, provides legal information (though not legal advice), and produces the paperwork a court needs to make an agreement binding.
The distinction between legal information and legal advice matters here. A mediator can explain how the law generally works, what a court tends to consider, and what options exist, which is often exactly what an unrepresented parent lacks. What a mediator does not do is advise one person on the best deal for them against the other; the mediator is impartial. For that reason many people take some independent legal advice alongside mediation, and legal aid can fund that advice for those who qualify, so the two fit together rather than competing.
| What a litigant in person faces | How mediation helps |
|---|---|
| A complex court process with no guide | A trained mediator structures each session |
| Difficulty preparing court documents | A Memorandum of Understanding and open financial statement are produced for you |
| Long waits for a hearing | Sessions are booked to suit both people, usually within weeks |
| High cost of a contested case | Legal aid or the £500 voucher can cover much or all of it |
Read together, the picture makes a strong case for mediation. It gives people without a solicitor a structured, affordable way to resolve things, it is still supported by legal aid where court representation is not, and it produces the documents a court needs to make an agreement binding. For the wider figures, see our family court statistics hub and family court delays page.
Frequently asked questions
How many people go to family court without a solicitor?
In 49% of private law disposals in January to March 2026, neither party had legal representation, up three percentage points on the year. Both sides were represented in just 13% of cases.
Is legal aid still available for family mediation?
Yes. When most private family legal aid was removed in 2013 under LASPO, mediation was kept, along with legal help supporting it. Legal aid for mediation still exists and is widely used.
What does legal aid pay for in mediation?
If either person qualifies, it covers the MIAM and the first joint session for both of you, further sessions for the person who qualifies, and help turning your agreement into a consent order.
Is mediation legal aid means tested?
Yes. It is based on income, certain benefits and savings. People on qualifying benefits often pass automatically, and a mediator can check your eligibility quickly at the MIAM.
Why did mediation numbers fall after 2013?
Because legal aid for solicitors was removed, so far fewer people were referred into mediation. The £500 voucher scheme was later introduced partly to address that gap.
What is the difference between legal aid and the voucher?
Legal aid is means tested and can cover mediation in full if you qualify. The voucher is a flat £500 that is not means tested, so it helps families who earn too much for legal aid.
Do unrepresented parents do worse in court?
Not necessarily, but hearings can be slower and applications more error-prone without a lawyer. Mediation gives unrepresented parents a structured, affordable alternative to a contested hearing.
Sources
- Legal Aid Agency, Legal aid statistics, gov.uk. Accessed 9 July 2026.
- GOV.UK, Legal aid for family mediation, gov.uk. Accessed 9 July 2026.
- Legal Aid, Sentencing and Punishment of Offenders Act 2012, legislation.gov.uk. Accessed 9 July 2026.
- Ministry of Justice, Family Court Statistics Quarterly: January to March 2026, gov.uk. Accessed 9 July 2026.