*/
The President of the Family Division has again described as “unprincipled and unconscionable” the complexity and delays involved in obtaining legal aid for parents who lack capacity.
In this already widely reported case, the local authority sought to place a young child for adoption.
Neither parent could get legal representation although the mother had borderline learning difficulties and the father had an IQ of 50 and would apparently need an intermediary even to give instructions.
The matter has come back as In re D (a Child) 2 [2015] EWFC 2. Both parents have now secured legal aid funding up to the final hearing, subject to monthly contributions, but the case underlines the difficulties in securing public funding for legal representation.
Sir James Munby said it was “no thanks to the system” that the parents were able to avail themselves of that assistance, but due to the “goodwill... of the legal profession... far above and far beyond the call of duty”.
“For any parent who lacks capacity the application process itself functions as a barrier to access to public funding which, in the context of a placement application, involves a potential breach of Art 6,” he said.
The parents could be “forgiven for thinking that they are trapped in a system which is neither compassionate nor even humane”. Noting that the primary focus of the hearings to date had been legal aid rather than the welfare of D, Sir James added: “Is this really the best we can do?”
Neither parent could get legal representation although the mother had borderline learning difficulties and the father had an IQ of 50 and would apparently need an intermediary even to give instructions.
The matter has come back as In re D (a Child) 2 [2015] EWFC 2. Both parents have now secured legal aid funding up to the final hearing, subject to monthly contributions, but the case underlines the difficulties in securing public funding for legal representation.
Sir James Munby said it was “no thanks to the system” that the parents were able to avail themselves of that assistance, but due to the “goodwill... of the legal profession... far above and far beyond the call of duty”.
“For any parent who lacks capacity the application process itself functions as a barrier to access to public funding which, in the context of a placement application, involves a potential breach of Art 6,” he said.
The parents could be “forgiven for thinking that they are trapped in a system which is neither compassionate nor even humane”. Noting that the primary focus of the hearings to date had been legal aid rather than the welfare of D, Sir James added: “Is this really the best we can do?”
The President of the Family Division has again described as “unprincipled and unconscionable” the complexity and delays involved in obtaining legal aid for parents who lack capacity.
In this already widely reported case, the local authority sought to place a young child for adoption.
Chair of the Bar sets out a busy calendar for the rest of the year
Why Virtual Assistants Can Meet the Legal Profession’s Exacting Standards
By Louise Crush of Westgate Wealth Management
Examined by Marie Law, Director of Toxicology at AlphaBiolabs
Time is precious for barristers. Every moment spent chasing paperwork, organising diaries, or managing admin is time taken away from what matters most: preparation, advocacy and your clients. That’s where Eden Assistants step in
AlphaBiolabs has announced its latest Giving Back donation to RAY Ceredigion, a grassroots West Wales charity that provides play, learning and community opportunities for families across Ceredigion County
Despite increased awareness, why are AI hallucinations continuing to infiltrate court cases at an alarming rate? Matthew Lee investigates
The proscribing of Palestine Action under the Terrorism Act is an assault on the English language and on civil liberties, argues Paul Harris SC, founder of the Bar Human Rights Committee
Come in with your eyes open, but don’t let fear cloud the prospect. A view from practice by John Dove
Anon Academic explains why he’s leaving the world of English literature for the Bar – after all, the two are not as far apart as they may first seem...
Review by Stephen Cragg KC