Are we relying on Law Students to fill the gap left by Legal Aid cuts for victims of domestic abuse?

The 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:-

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 n areas, where access to legal advice can be limited anyway; 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

who need to know their legal rights, but are often unable to access expert advice.

The Crime Survey for England and Wales showed that in the year ending March 2018, an estimated 2 million adults experienced domestic abuse (1.3 million women: 0.7 million men). During that same period the police recorded just under 0.6 million domestic abuse-related crimes. However, the police only made 0.25 million arrests for those offences - which equates to just 8 arrests per 100 incidents. What these figures show is that there is a huge number of victims who either refuse to report matters to the police, or have done so and found no acceptable resolution. Their usual recourse is then to make an application to the Family Court for injunctions to at least keep the perpetrator away from them, and potentially their home. There is no actual punishment however, and often the court orders are made without any “finding of fact” or blame being admitted, to save time. This can leave the victim feeling that justice but it is much more than just a telephone has not really been served. call or email. Further, with the support of The Government has already recognised guarding checks and referrals made for the need for change and it is hoped extra support where needed. that with the re-introduction of the charity, it means there can be true safethe Domestic Violence Bill Ask any The Law Clinic is a in the Queen’s Speech member of great addition to the next month and the the profession or existing pro bono recent appointment of judiciary, or of the other services offered by the Domestic Abuse organisations directly the University of Commissioner, victims affected by LiPs and you Hertfordshire – and will be able to have better access to justice. The students at the University will hear complaints about increasing problems and delay. offers a fantastic opportunity for the law students to build their confidence and of Hertfordshire (and their develop the kinds of skills supervising lawyers) are meeting valued by employers such the victims at the Future Living charity as communication and legal research. face-to-face so they can feel they have been However, is it right that this type of pro properly listened to. They are then provided bono work is being used to paper over the with verbal and/or written advice. This gaps left by Government reforms ? What is not the same as a professional adviser sort of message does this send out to the representing a victim on an ongoing basis, next generation of our profession?

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