Legal News

The Lord Chief Justice Sir John Thomas has told a group of MPs that cuts to Legal Aid budgets have resulted in more people in the Family Court representing themselves in court rather than hiring a solicitor and barrister.

Sir John was appearing before the Commons Justice Committee when he told MPs that the number of litigants in person (LiPs) had increased significantly in the last year – and particularly in the Family Court.

Reforms to Legal Aid were introduced in April 2013, when some family cases became ineligible for public funding.

Critics of the government’s Legal Aid cuts claim that as a result of some of the changes, victims of domestic abuse may be forced to sit opposite their ex-partner during mediation.

The courts place more emphasis on mediation in civil cases such as family dispute and divorce – as well as some property cases, including Landlord & Tenant disrepair cases involving homeowners, rather than rental tenants.

Sir John Thomas responded to enquiries from MPs about how Legal Aid cuts had affected family cases by saying that, although he was unable to comment on the reforms, more pressure had been placed on the courts as a result of Legal Aid reforms – and more LiPs in cases which previously might have qualified for public funding from the Legal Aid Agency (LAA).

“There has been a significant increase,” he told the committee. “I find that when I talk to district judges, it’s having an effect on the bottom rung. It is particularly acute in family cases, as two people are required to be adversarial.”

Sir John told the committee that personal support units at larger courts had helped LiPs understand the court process, so that it did not seem “strange”.

Sir John also praised the input of young lawyers working pro bono – for free.

“In some courts in London – and possibly Manchester and Birmingham – they have persuaded young lawyers who work in the commercial world to come and give free services. I find them extremely helpful,” Sir John added.

He has called for a “proper strategy” to ensure that courtrooms are only built if necessary to prevent “wasteful planning”.

Sir John said that courts should make more use of community facilities:

“We have buildings that are too elaborate and therefore shut courts to justify a return on capital – this has not been a properly thought-through system,” he told MPs.

“We have the opportunity to deliver justice much more in the way we might have done 40 years ago – in smaller, non purpose-built buildings, but linked to modern technology,” he added.

Duncan Lewis Family Lawyers

Duncan Lewis family lawyers can advise on family law, including childcare proceedings, divorce and ancillary payments, domestic violence and child abuse, and international child abduction.

Duncan Lewis family lawyers can also advice on family and childcare law under UK law or Islamic law.

For expert legal advice on family law and childcare law, contact Duncan Lewis family lawyers on 020 7923 4020.