There will be a sharp rise in people representing themselves in the family law courts if proposed child contact, residence and family legal aid changes progress through parliament, local firm of solicitors Williamsons warns.
The government’s proposal of significant cutbacks to legal aid in all aspects of family law could seriously limit people’s ability to gain either contact with their children or a fair financial settlement after divorce or separation, if they are unable to pay legal costs privately, says the Hull practice of Williamsons Solicitors.
“It will definitely mean we will be seeing a lot more people going through the courts representing themselves, with limited or no knowledge of their legal rights or the appropriate legal steps to take,” said Sarah Clubley, director, and head of Williamsons Solicitors’ family department.
“This will potentially be highly significant for a great many people, and the public as a whole has not taken on board the potential impact of the government’s plans.”
The firm’s position is supported by a Parliamentary report published last week, following a Commons’ justice select committee hearing on the proposed changes.
The report said: “Non-lawyers accessing the family courts can find it a confusing and frustrating experience…The family court will need to become more attuned to dealing with parties representing themselves and this will require procedures and guidance developed to accommodate the challenges posed by larger numbers of litigants in person.”
The proposed changes to legal aid will result will result in significant savings to the government by forcing many people to pay their own legal costs legal costs or go to court on their own. More than 200,000 people across the UK going through the family court each year are predicted to lose their eligibility for legal help and representation.
“As solicitors working day in day out in all aspects of family law we are very aware of the impact that the proposed changes will have on the general public,” added Miss Clubley.
Miss Clubley, who is also the President of the Hull Law Society, says that the Legal Aid, Sentencing and Punishment of Offenders Bill is the single biggest attack on access to justice since the legal aid systems was introduced.
“According to the government’s own impact assessment, these cuts risk increasing crime, weakening social cohesion and access to civil rights and costing tax payers even more,” she added.
“The bill will lead to higher government spending, rather than help cut the deficit, increase criminality, adding to pressure on prison places, and abolish civil legal aid for victims of medical negligence and in most family law cases.
“The government has failed to adopt any of the Law Society’s alternative saving measures which would make a bigger contribution to cutting the deficit than Justice Secretary Kenneth Clarke’s proposals, without the need to remove legal aid from some of the most vulnerable people in society.”
Williamsons also fears other repercussions. One serious impact is likely to be victims of sexual abuse, who may be in danger of being cross-examined in court by their alleged abusers unless legal aid is available to the defendant to instruct a lawyer to act for them in court.
Another inequality contained within the proposed changes is that legal aid may be available to those who allege domestic violence and the alleged assailant will not be allowed legal aid to defend themselves.
“That is particularly flawed thinking,” said Miss Clubley.
Legal aid for mediation, however, will remain unaffected. The Ministry of Justice is expecting to have to deal with about 10,000 extra mediations a year.
Mediation involves a couple discussing the issues arising on divorce or separation, such as contact with children or financial issues with the help of a mediator who will remain impartial.
“The mediator will help the couple to have a constructive conversation and reach a settlement that they think is fair. However, mediation is not appropriate in every case and is not for everyone, added Miss Clubley.
For more on the select committee report, go to:
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