The Government, or more specifically the Ministry of Justice, agreed earlier this year to finally review legal aid and the impact of the cuts that were imposed in March 2013. The Minister for Justice, David Liddington, has reportedly promised to get that review under way by starting off the consultation process. This follows hot on the heels of the Labour commissioned BACH report, which details the legal aid cuts, published in September. Whether the Government’s re-affirmed commitment to the review is simply because it is about time, or in response to the Bach report, remains to be seen.
The cuts imposed in 2013 limited legal aid for divorce, child contact and residence (now referred to as Child Arrangements), as well as other areas such as welfare benefits, employment, clinical negligence and housing. There are still circumstances when legal aid is available for family cases if, for example, you have been the victim of domestic abuse or your child is at risk of harm, and if you can provide evidence as required by the Legal Aid Agency.
These changes in 2013 massively reduced the availability of legal aid for family cases, whether that be representation at Court or early advice about a case.
The consequences of the cuts have been plentiful. The aim of the government was to make huge savings to the legal aid budget, admittedly at a time when most state funded services were being cut, whilst at the same time attempting to make sure legal aid was still available for those who needed it most. However, there is a powerful argument to suggest that any savings have simply been passed on with increased costs elsewhere, and huge numbers of often vulnerable people have been left without access to justice or basic legal advice.
Other consequences have been a huge rise in the numbers of people representing themselves in Court as litigants in person, something that can be incredibly daunting to a parent, husband or wife, particularly when the stakes are so high, which they so often are in family cases.
This increase in litigants in person has appeared to have had a knock on effect. There has been a slowing down in Court processes, with hearings often taking much longer that otherwise would have been the case, and heavy Judges’ lists as litigants lodge applications often without taking legal advice first. There is also the added pressure on CAFCASS, the body of professionals that are often involved in child contact cases, who are asked to write reports to help the Judge or sometimes appointed to act as a Guardian for the child. The Bach report and no doubt the consultation will highlight many other unforeseen consequences of the cuts, other than those highlighted above, which it should be said were all predicted by those involved in the family justice system.
If you or someone you know has a family law problem, please contact the family team at Broudie Jackson Canter by clicking here for a call back or message us your enquiry. We can explore with you whether you may be eligible for legal aid through one of the exceptions or otherwise discuss tailored competitive fixed fees for your case.