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Search results for: legal aid

Legal aid bulletin – a resource

13 Friday Aug 2021

Posted by Natasha in Researching Reform

≈ 1 Comment

For litigants in person and anyone going through the family courts in England and Wales, the legal aid bulletin is a helpful resource which offers information about how legal aid works, and updates on any changes to the support.

The newsletter provides the latest information available on:

  • coronavirus news affecting legal aid work
  • consultation launches and responses
  • forms guidance and code changes
  • procurement news
  • contract guidance and notices

The latest bulletin has a special section on very high cost family cases, which includes a series of video seminars and a Frequently Asked Questions section, which families going through the courts either with legal aid or looking to find out if they are eligible for it, may find useful.

You can register for the bulletin, which goes straight to your inbox, here.

You can also follow the Legal Aid Agency on Twitter @LegalAidAgency.

Additional links:

  • Video seminars on high cost family cases
  • FAQs

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House of Commons Debate on Legal Aid

22 Thursday Oct 2020

Posted by Natasha in Researching Reform

≈ 1 Comment

A Commons debate looking into the Ministry of Justice’s (MOJ) legal aid funding has been organised by Sir Robert Neill MP.

Sir Neill, who is a barrister and the current chair of Parliament’s Justice Select Committee, tweeted on Wednesday that he wanted access to justice and legal aid to be priorities for the MOJ in the coming months.

In a piece for Politics Home published on 10 October, Neill said, “A reduction in expenditure [for legal aid], coupled with restrictions on eligibility, have raised questions on access to justice, with the reality on the ground indicating that many vulnerable people are encountering difficulties securing advice or representation.”

The House of Commons Library briefing offers a summary on the history of legal aid:

“The state-run legal aid scheme as we know it today came into being in 1949, with the passage of the Legal Aid and Advice Act. This was followed by considerable growth in annual legal aid spending in England & Wales, rising to a peak in 2003-04. Continuing high costs led to calls for reform, from the mid-2000s to the time of the change of Government in 2010.

Spending was cut sharply from 2010-11 onwards, at a rate of around 10% per year. This was in the context of reforms associated with the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). LASPO, among other things, greatly reduced the coverage of civil legal aid by removing certain types of case from its scope.

On 30 October 2017 David Lidington, then Lord Chancellor and Secretary of State for Justice, announced that he had asked officials to commence a post-implementation review of some of the LASPO reforms. The Ministry of Justice published the outcome of the review in February 2019. At the same time, it published an action plan intended to address some of the issues raised during the review.

The response to the review was mixed. Sir Robert Neill, chair of the Justice Committee, described the publication of the review as “a critical moment in the future of legal support in the justice system” and “well overdue”, although cautioned that proposals for further reviews and research “risked being seen as kicking the can down the road.”

On 7 September 2020 the Justice Committee launched an inquiry into ‘The Future of Legal Aid’. The inquiry is accepting evidence until 2 November 2020.”

Legal aid has become increasingly difficult for families and victims of domestic abuse to access despite some easements for domestic violence victims and parents wanting to challenge adoption and placement orders.

The debate takes place today at 3.10pm in Westminster Hall.

You can download a report on the spending of the MOJ on legal aid here.

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Domestic Abuse: Legal Aid Requirements Relaxed, Bill Second Reading

28 Tuesday Apr 2020

Posted by Natasha in Domestic Violence, Researching Reform

≈ 1 Comment

The Civil Legal Aid (Procedure) (Amendment) Regulations 2020, which extends the types of evidence that can be used by domestic abuse victims, or those at risk of abuse, to apply for legal aid, comes into force on 15th May.

The Regulations also action the following:

  • The removal of the mandatory requirement to contact the Civil Legal Aid (CLA)
    Telephone Gateway for those seeking legal aid in discrimination, debt and special
    educational needs matters, reinstating immediate access to face-to-face advice in
    these cases;
  • The introduction of a discretion for the Director of Legal Aid Casework (DLAC)
    to determine legal help funding, in relation to inquests, earlier than the date of
    determination and;
  • The removal of the mandatory requirement that an applicant for legal aid for
    Family Mediation must always attend the mediator’s premises in order to make
    their application for legal aid.

This Explanatory Memorandum offers more information on the amendments, and you can access Regulation 33 here, which outlines the supporting documents allowed in domestic abuse applications for legal aid (click on the Latest Available tab for changes already made – some changes may still be outstanding).

And the Domestic Abuse Bill has its second reading today in the House of Commons.

The legislation hopes to create:

  • The first ever statutory government definition of domestic abuse
  • A Domestic Abuse Commissioner to support victims and survivors
  • New Domestic Abuse Protection Notices and Domestic Abuse Protection Orders to further protect victims and restrict offenders’ actions
  • A ban on the cross-examination of victims by their abusers and alleged abusers in the family courts
  • An automatic eligibility for special measures to support more victims to give evidence in the criminal courts

You can access a briefing on the Bill from the House of Commons library here.

Screenshot 2020-04-27 at 15.57.48

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Researching Reform Speaks With Legal Aid Lawyers About How Family Courts Affect Parents and Children

09 Thursday May 2019

Posted by Natasha in event, Researching Reform

≈ 13 Comments

Last night Researching Reform was very kindly invited by Young Legal Aid Lawyers to talk about how the family courts affect parents and children experiencing the system.

The conference was held at 39 Essex Chambers in London and was hosted by Tara Mulcair and Katherine Barnes. The audience was made up of young lawyers. The panel included Creighton & Partners solicitor Heather Thomas, and Garden Court Chambers barrister Malek Wan Daud.

Heather, who only represents families, spoke about the current gaps inside the system caused by budget cuts which made it harder for her to secure support for families and the legal challenges faced by women experiencing domestic abuse. Malek talked about the history behind forced adoption and the rise in litigants in person inside the family courts as legal aid cuts kicked in.

Researching Reform chose to speak about the unprecedented spike in child removals, the theories as to why there had been an increase in care orders and how families who just need support find themselves trapped inside the system with the threat of care orders looming over them. We explained how budget cuts and entrenched cultural practices created obstacles to accessing support and crucially, created a trend towards child removal.

We are very grateful to Young Legal Aid Lawyers and 39 Essex Chambers for giving Researching Reform the opportunity to amplify families’ voices at the conference, and it was a privilege to sit on a panel with such accomplished and passionate lawyers.

Screenshot 2019-05-09 at 11.39.29.png

Image courtesy of Young Legal Aid Lawyers

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Government To Extend Legal Aid For Parents Challenging Adoption Orders

12 Tuesday Feb 2019

Posted by Natasha in Family Law, forced adoption, legal aid, Researching Reform

≈ 14 Comments

The government has promised to extend legal aid support to anyone with parental responsibility for a child who wants to challenge applications for placement or adoption orders.

The government will also extend eligibility for non‑means tested legal aid for parents or anyone with parental responsibility who would like to oppose applications for placement orders or adoption orders in public family law proceedings. The Ministry of Justice will bring these policies in line with care and other orders classified under “Special Children Act 1989 cases”. Special Children Act cases include care orders, supervision orders, child assessment orders and emergency protection orders.

The Ministry of Justice will also bring forward proposals to provide a less draconian merits test, which will be equivalent to the merits test currently applicable in “Special Children Act 1989 cases”.

At the same time, the government has promised to increase the scope of legal aid to include Special Guardianship Orders in private family law cases and support for separated migrant children in immigration cases.

As well as a review into legal aid for placement and adoption orders, the government has confirmed that it will increase support for people accessing the justice system as litigants in person.

The review is part of a Legal Support Action Plan, the details of which were published 7 February on the government’s official website. The plan has been designed to help improve access to legal advice and support.

You can read the press release here, which has links to various documents including the action plan.

MKAP

 

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MPs Criticise Government Policy On Legal Aid.

02 Friday Nov 2018

Posted by Natasha in legal aid, Researching Reform

≈ 5 Comments

Members of parliament have criticised the government over its provision of legal aid for family cases, in a debate held yesterday in the House of Commons. The discussion, which focused on the future of legal aid for both civil and criminal cases, looked at the impact of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), on access to justice.

The government had hoped that its removal of legal aid for private family cases would lead to an increase in the number of families using mediation to resolve issues, and unblock the family courts, however this has not been the case. Labour MP, Teresa Pearce, who took part in the debate on Thursday, told the Health and Social Care Committee that research had shown a 56% drop in people accessing mediation services since the policy change.

Andrew Slaughter MP, (Lab), who also attended the debate, was scathing about the effects of LASPO on legal aid, calling out the Ministry of Justice for failing to deliver on its promise to offer new avenues for people to access legal services. Slaughter told the Committee that what the government had done instead, was to destroy the principle that people had a right to advice and representation. Slaughter also told the Committee that the new measures had had a disproportionate impact on women, and victims of domestic violence, with a significant number of those affected unable to protect themselves as they could not apply for legal aid.

Justice Committee Chair, Bob Neil MP (Con), talked about the idea of moving away from the Family Court’s adversarial system towards a more collaborative model. As a member of the current government, he was keen to defend the government’s policy on mediation, and told the Commons that there might be room for increasing funding within the early stages of legal advice for family cases, with a view to encouraging mediation.

Karen Buck MP (Lab), and Chair for the APPG on Legal Aid, called on the government to restore legal aid in full for family cases, warning that access to justice had already been seriously compromised:

“Access to justice is as fundamental to the functioning of a good society as services such as health and education, which we more often invoke when we talk about public services. Access to justice is now being deeply and dangerously undermined. We need not just warm words, but urgent and immediate action.”

Shadow Minister for Justice, Gloria De Piero (Lab) told the Committee that if Labour were elected, the party would restore all funding for early legal advice, including early advice within the family courts. Gloria did not outline how this would be done, and whether the measure had been budgeted for by the Labour party.

Parliamentary Under-Secretary of State for Justice, Lucy Frazer (Con), told MPs that she had outlined the process in place for the government’s review of LASPO at a meeting for the APPG on Legal Aid last week. Lucy confirmed that the evidence gathering process was underway for the review, and that officials would be meeting the Family Justice Council to discuss its concerns and recommendations, and would also hold a second meeting with the Civil Justice Council to explore the Council’s recommendations too.

You can read a transcript of the debate here. 

LA No

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Government To Debate Legal Aid

30 Tuesday Oct 2018

Posted by Natasha in legal aid, Researching Reform

≈ 3 Comments

Politicians will discuss the future of legal aid, in a debate to be held at Westminster on Thursday, 1st November. The general debate was approved by the Backbench Business Committee and will be hosted by Andy Slaughter MP and Alistair Carmichael MP.

Legal aid cuts have been an ongoing source of concern for the family justice system, which saw a drastic reduction in the availability of the support service after the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). The legislation made it increasingly difficult for families to access legal support, which led to The Public Law Project mounting a legal challenge over its restrictions to legal aid for domestic abuse survivors. The government was eventually forced to back down on several clauses within LASPO, and extend the list of documents victims of domestic violence had to produce in order to qualify for legal aid.

In 2017, the Ministry of Justice also scrapped the five year time limit for producing evidence of domestic violence, and in October of this year, a judicial review ordered the government to amend the Civil Legal Aid (Procedure) Regulations 2012, so that legal aid certificates could be backdated. The change allowed lawyers to continue representing clients while waiting for legal aid certificates to be processed.

This week’s debate will be held in the Grand Committee Room at Westminster Hall. Further details should be released within the next 48 hours, so we will update you as soon as we have them. Members of the public are able to attend this event, but for those who can’t attend, the debate can be watched live on Parliament TV.  A complete transcript will also be available three hours after the debate on Commons Hansard.

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Legal Aid Certificates To Be Backdated

08 Monday Oct 2018

Posted by Natasha in legal aid, Researching Reform

≈ 1 Comment

Welcome to another week.

The government has agreed to amend the law so that legal aid certificates can be backdated to the date when the application for legal aid was made.

The decision comes after a successful judicial review into the Legal Aid Agency’s refusal to backdate legal aid certificates. The current system means that lawyers often have to carry out work before the Legal Aid Agency has granted a certificate, in  order to secure clients’ access to justice.

The government will amend the Civil Legal Aid (Procedure) Regulations 2012 to allow legal aid certificates to be backdated to the date of application for legal aid.

legal aid

 

 

 

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Justice Minister Side Steps Question On Legal Aid For Domestic Violence Victims

08 Friday Dec 2017

Posted by Natasha in Domestic Violence, LIPs, Researching Reform

≈ 1 Comment

Minister for Justice, Dominic Raab ignored an MP’s request to allow victims of domestic violence the opportunity to claim legal aid retrospectively while the new measures have yet to come into force.

The tense exchange took place during a discussion in the House of Commons on 5th December, in which concerned MPs grilled the Justice Minister on the government’s efforts to help litigants in person.

Gloria De Piero, who is Shadow Justice Minister, asked Dominic Raab whether the government would consider allowing victims of domestic violence who had gone through or are going through the family courts and unable to access legal aid under the current restrictions, the chance to recoup their costs once measures to open up access to legal aid were implemented in the new year.

Frustrated by the government’s efforts to address the issue, De Piero takes a swipe at Raab:

“I note the Justice Secretary is advertising for a second speechwriter at a rate of £70,000. As there is cash to spare, will he commit to ensuring that domestic violence victims who seek legal aid, as of yesterday’s announcement, will be able to claim retrospectively under the new criteria?”

Sidestepping the question entirely, The Justice Minister tells De Piero:

“We will be laying the statutory instrument shortly and I think, beneath the political point-scoring, the hon. Lady welcomed it. It will make it easier to apply for legal aid in family cases where there has been a victim of domestic abuse. More broadly, wider personal support units provide trained volunteers who give free independent assistance to people facing proceedings in the family sphere and beyond. There are 20 centres in 16 cities. I hope she would welcome that.”

The discussion also highlights the government’s latest attempts at helping litigants in person (LIPs), including its Litigant in Person Support Strategy, which is designed to offer LIPs support, information, and either free or low cost legal advice. We would be interested to hear from anyone who has used this service.

legal aid.png

 

 

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At Last: Government Removes Dangerous Legal Aid Thresholds For Domestic Violence Victims

04 Monday Dec 2017

Posted by Natasha in Domestic Violence, Researching Reform

≈ 3 Comments

The Ministry of Justice has announced that it will scrap the five year time limit for producing evidence of domestic violence, and increase the types of documents allowed to evidence harm when making an application for legal aid.

The changes, which were to a large extent expected after immense public and organisational pressure to  remove existing barriers put into place by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), are set to take effect from January 2018.

As well as removing the time bar for applications, fresh categories of evidence including statements from domestic violence support organisations and housing support officers, as well as those from social services, law enforcement agencies and medical professionals will all be admissible when making an application for legal aid.

This really is wonderful news.

For a comprehensive look at domestic violence policy over the last ten years and the events that lead up to the new changes, check out our article over at Lexis Nexis for more. 

legal aid

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