Family law reforms being undermined by legal aid cuts, says Law Society

Changes to speed up the way that family law courts deal with divorce, separation and child custody cases will be badly undermined by the government’s cuts to civil legal aid, the Law Society has said.

The reforms, which came into effect on 22 April, speed up court processes for dealing with a number of types of family law cases. They include restrictions on the use of expert evidence and a requirement that judges take into account the negative effects that a drawn-out case may have on a child, as well as compulsory discussions about the possibility of mediation before going to court, and the creation of a single family court across England and Wales. However, the cuts to civil legal aid are forcing more members of the public than ever to represent themselves in court, with their lack of legal training and expertise inevitably creating more delays.  Half of divorces do not now qualify for legal aid and do not benefit from professional legal representation.

As reported by The Times, the Ministry of Justice is considering using law students to staff legal advice centres in an attempt to staunch the flow of people being forced to represent themselves without legal advice created by the legal aid cuts.  While the efforts of students giving up their time to help people in legal advice centres are to be unreservedly commended, it is clear that this as a government response to a looming access to justice crisis - created by cuts that are ensuring that only those with wealth can afford legal representation - is woefully half-hearted.

Nicholas Fluck, president of the Law Society, said: "The Law Society supports these changes [to speed up how family law cases are resolved], but the problem for many separating and divorcing couples is getting access to legal advice to help them through the court process, or to find alternatives to court. The cuts in legal aid for family law have put people off from seeking advice and support from solicitors who can explain where they stand and what their rights are. It’s important that victims of domestic violence can still get legal aid and that legal aid is still available for family mediation. However the fact that more and more people are representing themselves in the family courts is leading to more delay."