Senior family court judge expresses shame at having to preside over cases where people are forced to represent themselves due to legal aid cuts

updated on 17 October 2017

A senior family court judge has admitted that it feels “shaming” to preside over cases where people are forced to represent themselves, in the latest warning about the social costs of legal aid cuts.

Mr Justice Bodey’s comments have again highlighted the dismay among members of the judiciary at the government’s slow progress in reviewing the impact of the Legal Aid, Sentencing and Punishment of Offenders Act – the recently retired president of the Supreme Court, Lord Neuberger, has previously said that the government should completely rethink its approach to legal aid following deliberate cuts which are denying less well-off people access to basic justice. The new president of the Supreme Court, Lady Hale, has said that the cuts are a “false economy” because access to legal advice usually reduces costs in the long term, with more problems resolved before they reach court. Meanwhile Amnesty International has said that the cuts have created a ‘two-tier’ justice system where outcomes depend on whether a person is rich or poor.

As The Guardian reports, Brodey used a speech marking his retirement to explain how he had sometimes had no choice but to help litigants in person by cross-examining witnesses on their behalf. A review by Lord Bach, backed by the Labour Party, has called for an injection of £400 million a year to restore legal aid to the point where the justice system is again fair.

A Ministry of Justice spokesperson said: “Maintaining access to justice remains vital and continues to be at the heart of our reforms. We are focusing legal aid resources on those who most need help, which is why we are making wider changes which will make it easier for domestic violence victims to qualify for the financial support they need to pay for legal representation. We will announce details of the planned review of legal aid reforms in due course.”