Severe shortage of public assistance lawyers leaves many Dutch without legal aid
The availability of social welfare lawyers and other subsidized legal assistance in the Netherlands varies widely by region, with some areas facing severe shortages, investigative journalism outlet Investico reported on Thursday. The number of public assistance lawyers—specialists who assist citizens in disputes with government agencies—has plummeted by more than half nationwide between 2019 and 2023, according to research by Platform Investico and De Groene Amsterdammer. In certain regions, the decline has been even more dramatic.
The Achterhoek and Drenthe have been hit the hardest, with the number of public assistance lawyers shrinking by three-quarters over the past five years. In Drenthe, only seven such lawyers remain, while the Achterhoek has just four. This means that in the Achterhoek, there is only one public assistance lawyer for every 25,000 residents eligible for legal aid. Similarly, in the southern half of Friesland and the region surrounding Zwolle, including northern Flevoland, each public assistance lawyer serves at least 15,000 potential clients. In stark contrast, Amsterdam has fewer than 4,000 eligible citizens per public assistance lawyer.
Social legal aid is not reserved for the very poorest; over a third of the Dutch population qualifies based on income. However, the diminishing number of social lawyers is straining the system. Their workload is increasing, and many are forced to reject cases, particularly complex ones. A survey of over 70 social lawyers revealed that most regularly turn down clients due to overwhelming demand.
Many vulnerable people may not even be seeking help anymore, lawyers warn. "It’s almost certain that many are slipping through the cracks," said Caroline Pronk, a social lawyer from Apeldoorn. "But the exact number is impossible to determine." National Ombudsman Reinier van Zutphen echoed this concern, stating, "Based on the complaints we receive, I don’t get the impression that the government is performing any better. I believe people are simply unable to pursue legal action because they can’t find anyone to represent them or because it has become too expensive."
Access to low-threshold legal assistance is also increasingly limited. A review of over 900 legal aid offices and advice centers outside the four major cities found that only 50 of them are open for walk-ins more than one workday per week.
Furthermore, only half of Dutch municipalities employ so-called social counselors, who can provide more extensive legal aid than legal aid offices, guiding clients over extended periods and directly contacting institutions on their behalf. These counselors are restricted to serving residents within the municipalities that fund them. In Friesland, for example, only two of 18 municipalities have social counselors, leaving over half a million residents without access to their services.
The legal aid shortage follows years of budget cuts. This government term alone, funding for subsidized legal aid has been slashed by another 12 percent. Earlier this month, a committee led by judge Herman van der Meer once again concluded that compensation for public assistance lawyers is too low, recommending an additional 40 million euros annually.
Teun Struycken, the state secretary for legal protection, has not committed to implementing the committee’s recommendations. In response to the Investico and De Groene Amsterdammer report, he acknowledged the importance of "a nationwide legal aid network" and announced plans to appoint a coordinator. "This individual will map out legal aid shortages and regional disparities, determining what steps are necessary to ensure continued access to justice," he said.
Struycken believes the broader legal profession must rethink its approach to these shortages. "This is a shared responsibility of the legal sector as a whole," he said, advocating for "greater collaboration between social and commercial lawyers."
