Dronfield Online September 2011

By Lucy Rodgers, head of legal aid at Sheffield solicitors, Taylor&Emmet LLP. Lucy is a family law specialist, advising clients in divorce and financial cases. In this month’s column she discusses the proposed cuts to legal aid funding and the effect this will have on people going through a family breakdown.

Legal aid enables those of us on a low income to obtain advice and if necessary, representation in court proceedings. It was first introduced after the Second World War as part of the welfare state.

Over the years the availability of legal aid has been gradually reduced and now many firms of solicitors no longer offer the service at all, due to the amount of red tape required to secure a contract and the low rates of pay in comparison to other areas of work.

At Taylor&Emmet we believe in continuing to provide legal aid for eligible clients. However, in 2013 the government proposes to withdraw funding for many family cases and all clinical negligence matters. Without expert advice on the law, many people in complex and difficult situations will not be aware of the legal protection or remedies available to them. In turn, this will have an impact on access to justice.

Below are just some examples of situations in which the cuts could affect individuals:

An unmarried mother with young children could be made to leave a property if it is owned by her ex-partner

A father who wishes to see his children, but is denied contact by the mother, could feel pressured into giving up on his relationship with them
A mother whose children are abducted by the father may not know she can apply to the family court for an order for their return
A child born with brain injuries as a result of negligence at birth may not be able to obtain compensation

In complex clinical negligence cases, legal aid is needed to cover the high upfront costs of employing medical experts to establish whether negligence occurred and when clients receive money or property as part of a settlement, they are required to repay their costs, making the funding a loan, not a gift.

Behind the proposed cuts is the rationale that solicitors take matters to court when disputes could be resolved by other means. In fact the opposite is true – we do our very best to keep matters out of court.

Many of the family solicitors at Taylor&Emmet are members of Resolution, an organisation promoting non-confrontational and constructive ways to resolve family disputes. Even when matters do go to court, we work with other local family lawyers to try to bring about an agreement that avoids the stress of a contested hearing.

Although legal aid will remain for family mediation, this is not suitable in every case. The result will be many more people taking cases to court themselves, bringing further delays to an already stretched system.
Whilst we understand financial pressures mean cuts to many public services, the limitation of legal aid could have a severe impact on ordinary people. This is why we are supporting the Law Society’s Sound off For Justice Campaign. For details visit: www.soundoffforjustice.org.uk