Chambers Blog

From 1st April 2013 the legal aid reforms have affected the availability
of legal aid to civil law cases and in particular, to family law cases.

Reforms to the Legal Aid, Sentencing and Punishment of Offenders Act
2012 (LASPO) have therefore resulted in legal aid funding being withdrawn for common family law disputes. These include divorce and child custody cases.  

Legal aid is now only available to cases where there is evidence of
domestic abuse within the relationship or where issues of child protection are involved. More specifically, legal aid will be available for:

• Public family law regarding protection of children (care proceedings);
• Private family law with evidence of child abuse;
• Child abduction;
• Representation of children in private family cases;
• Legal advice in support of mediation;
• Domestic violence injunction cases;
• Forced marriage protection orders.

For cases no longer eligible for legal aid funding, one alternative is to pay privately. Legal advice can be sought from a barrister through a solicitor, or alternatively directly from a barrister under direct access.

 

Public access, or as it is also sometimes known direct access, to a barrister commenced in 2004. This was allowed in order to give lay clients a wider choice of legal services which it was beleived would be quicker and cheaper for them.

 Public access, direct access is becoming an increasingly large proportion of work that is done by the bar. However, not all barristers can work directly with lay clients. When dealing with a litigant in person there is often special care that is required and therefore more senior barristers tend to do public access or direct access and they are required to undertake a special course prior to undertaking work for lay clients.

From it's inception, direct access, public access has worked well which has led to an extension of the areas of work that barristers can do under this scheme. In particular family work has seen a marked increase in access to the bar. Also, criminal work has proved a popular area for lay clients in certain offences. These include speeding offences, drink driving, traffic light offences, RSPCA cases and other matters of this nature. Another growth area has been licensing of pubs, clubs and restaurants as well as other social venues.

Government figures obtained under the Freedom of Information Act 2000 show a significant increase in the number of child abductions compared with 2005. The figures for 2008 show a 20% increase on the number of abductions from 2005 with almost 500 children taken abroad illegally. This represents a 93% increase compared to figures for 1995. Of the 336 cases reported to the authorities in the UK, most children were taken to Pakistan (30 cases), followed by the USA (23), Ireland (22) and Spain (21). Other destinations that featured highly were Egypt, France and Australia. 134 of the cases involved children being taken to non-Hague Convention countries.

The Family Proceeding Rules have been amended to allow access to family proceedings by the media and any other person allowed by the court. So you may now find journalists attending your care or residence or ancillary relief case! It is not clear what other persons may be allowed. There is an exception for "judicially assisted conciliation." Restrictions on publication continue to apply.

 Written by Rebecca Fitton-Brown, barrister at New Walk Chambers, specialising in family law.

RE A (JOINT RESIDENCE : PARENTAL RESPONSIBILITY) [2008] EWCA Civ 867

Mother's ex-cohabitee, who had treated the child as his own for the first two years of his life was given joint residence so as to confer PR on him. This was despite the man being found to be dominating and controlling and having covertly filmed the mother and child in their home. Mother was even prevented from informing the real father of his paternity and from introducing the child to him.

Written by Rebecca Fitton-Brown, Barrister at New Walk Chambers, specialising in Family law.