Further Opposition to Legal Aid cuts

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Although these plans have yet to be implemented, change is on its way. The changes come in the form of the Legal Aid, Sentencing and Punishment of Offenders Bill. The Bill is currently undergoing review in the House of Lords.

Since the changes to the legal aid system were first released family lawyers and judges alike have raised concerns about the impact the withdrawal of legal aid might have on the public. A recent survey carried out by Resolution (a national organisation of family lawyers) on its members showed that the majority of practitioners thought that the changes would mean that less than 25% of people who they currently help would still qualify for legal aid.

It is clear that the Government's proposed cuts would severely limit access to legal aid, and this in turn could have wider implications. Some suggest that the changes could increase the number of people who rely on the benefits system, with many people not knowing what financial settlement they are entitled to, leaving them left dependant on the welfare state. There is also likely to be an increase in the people who would have to represent themselves at court, adding yet further pressure on a court system that is already overstretched and which is facing the closure of many courts and the loss of many jobs.

So what are the Government suggesting in place of legal aid, and what is the purpose of its withdrawal? There is a desire within Westminster to see fewer family cases in the court system. Options such as mediation are being put forward as a friendlier and settlement focused approach to dealing with family disputes. There will however always be those cases where mediation will simply not be appropriate.