In the UK, concerns continue over reforms introduced by the Legal Aid, Sentencing and Punishment of Offenders (LAPSO) Act. There is particular concern about the impact on the resolution of family law disputes and on the various not-for-profit Law Centres operating throughout the UK. PILA has previously covered the ongoing UK legal aid reform disputes.
Introducing the changes in April 2013, the government said the goal was targeting resources at those most in need, the result being that some areas of civil law that were heavily reliant on legal aid would no longer qualify for funding. One of the most notable cuts is in family law disputes with the changes meaning parents involved in divorce and custody proceedings no longer qualify for legal aid. The UK government marked family law disputes as more suitable for mediation, but not all cases are suitable for mediation, and in reality in England and Wales the number of parents representing themselves in child civil cases has increased by nearly 20,000, from 47,214 in 2012/13 to 66,388 in 2013/14.
On 2 September House of Commons Justice Committee held its second evidence session on the impact of changes to civil legal aid under LASPO. One of the witnesses offering evidence was Susan Jacklin QC, chair of the Family Bar Association. She collected evidence from barristers who had noticed that outcomes are unfair for unrepresented parents in family law cases. Parties’ cases are more focused and more effective with legal representation. The Committee also heard that parents without knowledge of court procedures or the opportunity to get legal advice before representing themselves is on the whole slowing up the family courts and restricting access to justice for those who can afford legal representation. The concern is the delays can only increase the potential risk in a situation that can be damaging to children and families. Speaking to the BBC recently, Crispin Masterman, former judge of the family courts commented, “anything which means that the resolution of a child's interests takes longer, must be damaging to the child."
The cutting of legal aid support for most private family law cases as well many debt, housing and benefit issues has impacted heavily on UK law centres. According to Julie Bishop, director of the Law Centres Network, “Across the board, the main thing centres talk about is having to turn people away who they would have previously been able to help.”
Click here to read a Law Society Gazette article on changes in the LAPSO act and the UK’s Law Centres.
Meanwhile, the UK Government has published its response to the Joint Committee on Human Rights (JCHR) report, Legal aid: children and the residence test. In its report the Government states that individuals should have a strong connection to the UK in order to benefit from the civil legal aid scheme - lawfully resident for at least 12 months at the time of applying for civil legal aid. Legal charity the Public Law Project successfully challenged this residence test in the High Court, and the Government is now appealing that judgment.