Legal Aid is to be cut – what options remain open to me?

Elaine O’Brien, family lawyer at Collins Solicitors, gives advice about the effect of changes to government funding of Legal Aid cases

Q: I have read that the funding for Legal Aid is to be cut. What sort of claims will still be able to get Legal Aid funding and how does the system work?

A: The Legal Aid budget is due to be cut next year to help address the government deficit. An estimated £270 million saving will be made by removing many cases that would currently be available for Legal Aid. The area of Family Law faces the largest absolute cut. The proposal as it stands is that funding will remain available for legal representation only in the following cases:

• Injunctions and other orders to prevent domestic violence
• Forced marriage
• Children and finance applications that meet strict domestic violence or abuse criteria
• International child abduction and maintenance
• Public law children proceedings and separate representation of children in private law proceedings
• Emergency orders to prevent the unlawful removal of a child from the UK.

Children applications (mainly contact and residence disputes) and finance applications (which are usually ancillary to divorce proceedings) are in the main the sorts of cases the Family Courts currently handle. These will soon be out of the scope of public funding unless the party needing representation is a victim of domestic abuse or the case involves child abuse. Additionally, legal help for family Wills, name changes and undefended divorces or nullities will also be cut from the budget.

We – as the legal profession – are concerned. There are relatively few law practices left that hold the Legal Services Commission Specialist Quality Mark (SQM) and are able to assist the vulnerable in our society who often desperately need Legal Aid. A great many people on a low income, without financial resources, who would have been eligible for public funding today will find themselves without the help they need at a time when they need it most. This will lead to unsatisfactory and unjust case outcomes.

We fear that when the door closes on those unable to access public funding, the right legal help and advice will not be sought. Families and family relationships will suffer as people either walk away under the weight of the stress and trauma or will litigate themselves – with disastrous results.

But all is not lost. In the event of a dispute it is imperative that people get good, timely and expert advice from an established and reputable law firm at an early stage; to assess your case and what options are available. Many individuals at Collins Solicitors are members of Resolution (the national organisation of family lawyers committed to non-confrontational divorce, separation or other family problems), Law Society Family Law and Law Society Children Panels, and we have a qualified collaborative family lawyer. We are Lexcel accredited and are featured in The UK Legal 500.

We offer a fixed fee initial meeting at which individuals can discuss their situation and we together identify the best strategy available to resolve your difficulties fairly, expediently and as cost effectively as possible.

Contact Collins Solicitors on 01923 223324 or visit www.collinslaw.co.uk

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