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Family Solicitors

Legal Aid cuts “not thought through”, as number of unrepresented litigants rises sharply (20 November 2014)

Date: 20/11/2014
Duncan Lewis, Family Solicitors, Legal Aid cuts “not thought through”, as number of unrepresented litigants rises sharply

The impact of Legal Aid cuts were not “thought through” early enough by the government, according to the National Audit Office (NAO).

BBC News reports that, despite the Treasury potentially saving £300 million annually from making cuts to Legal Aid, the other impacts were not properly assessed – including whether those who were in need of public funding are receiving it and whether cutting Legal Aid reduces unnecessary litigation.

Following cuts to Legal Aid in 2012-2013, the number of family cases involving a parent without legal representation rose by 89% just one year later (2013-2014).

Family courts have reported that, as a result of more litigants in person – people who represent themselves in court – court hearings are taking longer because people representing themselves in court are not fully aware of court procedures.

Justice Minister and Liberal Democrat MP Simon Hughes – who is a barrister – is calling for more support for litigants in person to help them through the judicial process. In October, Mr Hughes announced a £2m funding deal to help litigants in person.

Family cases and property cases involving owner-occupiers are among those subjected to cuts in Legal Aid. The scheme to support unrepresented litigants is being administered by the Personal Support Unit, the Royal Court of Justice’s advice bureau, LawWorks – and public legal education charity Law for Life.

Announcing the measure, Mr Hughes said:

“One of my priorities when I became a Minister was to improve the availability of legal advice – and these new measures will make sure that separating couples and parents are able to access the right advice, information and support at the right time.”

Since April 2013, child custody cases have been the subject of cuts in Legal Aid – meaning parents fighting for their children’s future may have to go into court without legal help.

In family cases involving child contact which began in 2013-2014, there have been 17,268 cases involving litigants in person with no access to a lawyer as a result of Legal Aid reforms – double the number for the previous year (9,158 cases involving child contact).

The government has claimed, however, that cuts to the Legal Aid bill were essential, although “not easy”.

More emphasis has been placed on dispute resolution in contested divorce cases as a result of Legal Aid reforms – however, domestic violence campaigners claim that as a result of this, victims of domestic violence potentially have to face their ex-partner who abused them across a mediation table, rather than in court.

In total, there were 79,747 family cases in which neither party had access to a lawyer in 2013-2014 – an increase of 30% compared with the previous year.

Duncan Lewis Family Lawyers

Duncan Lewis is a leading firm of family lawyers and can advise on a wide range of family and childcare matters, including:

• Ancillary payments
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• Child contact and residence
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• Divorce
• Domestic violence
• International child abduction
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• Pre-nuptial agreements
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Duncan Lewis is also a leading provider of Legal Aid services and can advise on family and childcare law under UK law and Islamic law.

For expert legal advice on all family and childcare matters, call Duncan Lewis family lawyers on 020 7923 4020.


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