Access to Justice?

There have been two stories in the media this week about access to justice – or lack thereof.

It was reported in the mainstream media on 31^st October that Sir James Munby, the President of the Family Division of the High Court, had accused the Government of “washing its hands of the problems created by a lack of legal aid” for the parents of a child who was removed from their care by a Local Authority.

In cases where a child is taken into care by the Local Authority automatic legal aid is usually available, regardless of the parents’ financial circumstances. However, the facts of this particular case meant that the legal aid available fell within the category of means tested legal aid. As the father worked, he was £73.92 per month over the limit for legal aid.

The Judge stated that where parents face the risk of children being removed from their care the costs of representation should be funded by either the Legal Aid fund, the Local Authority or the Court Service itself. He criticised the system which stopped the parents being legally represented as “both unprincipled and unconscionable” and in breach of the European Convention on Human Rights.

On 3^rd November it was reported in the legal press that a solicitors are doing 14% more unpaid work compared to 2013; this is known as pro bono work. On average solicitors are doing 52 hours of unpaid work each a year. The increase is due to the cuts to legal aid which came into force on 1^st April 2013 and cuts to funding elsewhere, such as for advice centres. The solicitors who are more likely to do pro bono work are sole practitioners and High Street firms, rather than those solicitors working in commercial firms.

Social welfare law has been most hit by funding cuts therefore pro bono work in areas such as housing, immigration, welfare benefits and employment are most prevalent.

Whilst the words of Sir James Munby could bring about a slight change to the rules on legal aid entitlement in child care cases, the cuts over the last year have meant that over 1000 people a week can no longer access legal aid compared to the position before April 2013. Solicitors can and will continue to do work for free but this can in no way plug the gap.  The figures show that, sadly, access to justice is no longer a universal right for all citizens.