Legal aid changes ‘threaten to 
deny justice in divorce cases’

Jane Ingleby, a family law solicitor from Leeds-based Blacks, also warned that the Legal Aid Sentencing & Punishment of Offenders Act, which comes into force on April 1 next year, could lead to an increase in the size of the UK’s benefits bill.

Her concerns are shared by another family law specialist, Philip Way, a partner at Mills & Reeve’s Leeds office, who claimed that the impending changes to legal aid would have a “detrimental” impact on the legal system.

According to Ms Ingleby, nearly all family law advice will be removed from the legal aid scheme, under the changes which take effect on April 1.

She added: “Legal aid will only remain available for private law cases which involve domestic abuse. A fixed amount will be available for family mediation.

“The changes will leave poorer partners struggling to find a lawyer and will result in a serious imbalance of power.

“The definition of domestic abuse was initially restricted to physical violence, where there was clear objective evidence of such violence. The definition has been extended to include emotional abuse. There is some concern that allegations of domestic violence will be made solely for the purposes of obtaining legal aid.”

She warned the UK’s welfare benefits bill may also increase.

She added: “If a party does not obtain an appropriate financial settlement... then this may result in them relying more heavily on welfare benefits. There will be an increase in litigants in person attending court who will not have had proper legal advice. This will put pressure on courts and judges.”

Mr Way said: “The impending changes to legal aid will deny poorer divorcee’s access to justice. Cutting aid during family law cases will undoubtedly leave poorer partners struggling to afford legal representation.

“Many of them will find themselves in the family courts without lawyers or any proper advice which will deny them a fair hearing and in-turn clog up the courts. The difficulty is compounded if neither side receives sensible advice.

“It’s understandable that the Treasury wishes to cut costs, however, legal aid was never a ‘gift’, rather it was effectively a loan from the Government which was often secured against the family property and re-paid over time through statutory charges.”

A Ministry of Justice spokesman said last night: “At around £2bn per year, we have one of the most expensive legal aid systems in the world. It is in urgent need of reform if we are to deliver value for the taxpayer. The wide-ranging availability of legal aid can lead people to assume legal action is their only option, even where early practical advice could be of more help to them and avoid them needing a lawyer and going to court at all.

“Mediation is often more effective, less costly and less acrimonious than court proceedings for those involved. This is why we are increasing support for family mediation and ensuring that this – where the requirements are met – will now be in the scope of legal aid.”