The Government is shortly expected to publish the outcome of its consultation process in which it proposed to dramatically overhaul the availability of legal funding by reducing the types of matters covered. In terms of family disputes it means that funding will no longer be available to cover divorce. In addition funding for financial or children matters will not be available except to a victim of physical domestic violence.
Public funding was introduced with the aim of ensuring that all people regardless of means would have access to legal advice and assistance when required. Its introduction recognised that justice was a basic right for all people and should not be restricted to those who could afford to pay. Currently Legal Aid remains available for a range of matters including; housing, debt, immigration and family disputes (including divorce, disputes involving children, financial disputes and domestic violence).
I have seen the Government proposals and am extremely concerned abut the impact the proposed cuts will have on families. As a Family Solicitor and Mediator I remain committed to providing the full range of advice and services in family matters whether clients pay privately or are eligible for public funding.
It is a sad reality that many relationships do fail and if this happens, the couple are left to pick up the pieces so that they are able to move forward. In an ideal world any issues regarding children and finances can be agreed without involving anybody else. However, this is not always possible. The current availability of funding allows people who have been unable to reach an agreement between them to access legal advice. As members of ?Resolution? we would always do what we can to settle a disagreement and minimise the acrimony at an early stage and would only consider advising a client to make an application to the court as a last resort.
In the event that clients are denied the opportunity of early legal advice, I consider it inevitable that there will be an increase in applications being made to court, an increase in unfairness in outcomes to the detriment of the people involved and the children for example fathers wrongfully denied contact with their children, mothers denied their appropriate financial settlement on separation. What is of particular concern is that the absence of access to legal advice and support may result in people taking desperate measures, a concern all the more poignant given the recent shooting of a mother and her young child in Braintree following a child residence dispute?
The governments aim is to reduce spending by £350million. Whilst this is a large amount of money it is actually only 16% of the Government?s legal aid budget but will result in 68% reduction in the number of people who can get help and the concern expressed by the Law Society and supported by many involved is that these cuts are both disproportionate and affect only the most needy and vulnerable in society.
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Government Plans to Slash Legal Aid.
12 replies
FamilySolicitor · 15/06/2011 12:47
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babybarrister ·
22/06/2011 14:30
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21/06/2011 14:41
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15/06/2011 18:53
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