The
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) is now on
the statute books, having gained Royal Assent on 1 May this year.
As a
consequence, Legal Aid will cease to be available for many areas of family and
civil law from April 2013.
At the end of last year, the family lawyers’ group, Resolution, surveyed
its 6000 members who undertake legal aid work to discover the true impact of
the proposals on families and children. The vast majority (87%) said that LASPO
would mean that less than 25% of people they currently help would still qualify
for legal aid.
The social implications are considerable: the survey also found that 57%
believe a parent risks losing contact with their child in at least half of
their cases. Based on the surveyed lawyers alone, this represents well over
4,000 children.
LASPO would also withdraw legal aid from many parents trying to get back
children who have been abducted within the UK
“It is clear that the Government’s legal aid cuts could bring devastating
consequences. Many of those currently eligible for legal aid would seriously
struggle to obtain the legal advice and support that could ensure that they
continue to see their children after a difficult separation”, said David
Allison, Chair of Resolution.
“The changes also risk increasing the nation’s benefits bill. Many of our
members say that the majority of their clients would not know what financial
settlement they are entitled to, which could see them left dependent on the
welfare state and benefits."
“Resolution is committed to the constructive resolution of issues arising
from separation, through options such as mediation, and the organisation
welcomes the Government’s desire to see fewer family cases going through the
court system. However, there needs to be support for those for whom mediation
is inappropriate, which, according to the survey, could be in as many as 40% of
cases."
“We are concerned that, by focusing so heavily on mediation, the Government
will punish those for whom it simply won’t work through no fault of their own –
for example, if they have an abusive or uncooperative partner.”
The inevitable increase in people representing themselves in court (known
as litigants in person) will add even more pressure on a court system that is
facing the closure of 40% of courts and the loss of 15,000 jobs. In the experience
of Resolution’s members, cases take longer when one party is representing
themselves – nearly half (48%) said it takes more than twice as long.
