Articles
Are we relying on Law Students to fill the gap left by Legal Aid cuts for victims of domestic abuse? T
he cuts to public funding started by LAPSO (2012) hit many areas of the profession. In April 2013, Family Law was hit particularly hard with virtually all legal aid for private cases being stopped. The Government argued at the time that vulnerable clients were still protected because there would continue to be legal aid for those suffering domestic abuse (if the client could get over the Domestic Violence Evidence Gateway hurdle). Further, couples in dispute would be encouraged to find early resolutions outside of court. Arguably, the veiled suggestion was that the professionals were somehow encouraging clients to take cases to court which could have been easily settled amicably using Alternative Dispute Remedies. To add insult to injury, the Government introduced a new requirement for any party wishing to issue a family court case (save for a few exceptions) to attend a MIAM (Mediation Information and Advice Meeting). Presumably because they did not trust the professionals to provide such information to clients themselves. The facts and figures of what has happened since speak for themselves:n There are fewer family lawyers offering to do legal aid work (even if the client can meet all the eligibility criteria) – with some local authorities having no family lawyers offering legal aid – particularly hitting rural
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areas, where access to legal advice can be limited anyway; n Far more parties are representing themselves at court - 16% of children cases had both parties as Litigants in Person (LiPs) before the cuts, which increased sharply to 42% within less than a year; n Personal Support Unit, the charity providing emotional and practical support in 23 courts across the UK were utilized 7,000 times in 2010/11 – jumping to over 65,000 times by 2017/18; and n The need for legal aid mediation has declined, whereas the overall number of family court cases being started has increased Ask any member of the profession or judiciary, or of the other organisations directly affected by LiPs and you will hear complaints about increasing problems and delay. The MoJ want to close more courts and speed up court cases, but arguably any money they saved on the legal aid cuts has gone on providing more family court services – whether it be administrative staff correcting forms; the judges and magistrates spending longer with each hearing; or more cases having to be referred to CAFCASS. The Government published its 5 year review of LAPSO in February 2019. It admitted there were more LiPs within the Family
Amanda Thurston
law system and that they require more support. However, it did not accept that the justice system could not function with the increased presence of LiPs, and claimed that access to a lawyer was not always the correct or most affordable answer. Various organisations have tried to meet the ever increasing need, and provide assistance to those who cannot afford to instruct a professional - but telephone and electronic assistance is just not the same as face-to-face advice and support. These are often distraught clients at their most vulnerable, and they need proper help. It was the Government itself who stated that “Justice is at the centre of a safe, fair and prosperous society and this Government is committed to protecting and guaranteeing access to justice for future generations.” In Hertfordshire, the University (like others across the country) is trying to help fill the family advice void. Its new Law Clinic offers free legal advice to the public on a number of areas – including family law. All work is supervised by qualified solicitors (whether from within the university or from local law firms assisting on a pro bono basis). As well as the Law Clinic based at the University’s campus in Hatfield, there is also a satellite Family Advice Clinic run in partnership with a local Charity - Future Living Hertford. This is an award winning charity for both men and women suffering from domestic abuse – and it is those victims
Hertfordshire Law Society Gazette
