*/
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.
Making a move from the Bar to a career in governance: Maria Brookes outlines three good reasons to switch and how to do it
Inés Rivera explains how speech recognition can help barristers create accurate documentation faster
What should barristers be doing on the personal finance front ahead of the end of the tax year on 5 April? Julian Morgan of Fleet Street Wealth answers your questions
Are you ready to embark on this arduous but potentially rewarding journey? Julie Gottlieb of Sherwood PSF Consulting provides a self-examination checklist, hints and tips to help you prepare for a future application
Unlocking your aged debt to augment cash flow in one easy step… By Philip N Bristow of Vector Professions Finance
The journey from a small village in Nepal to international law professor and UN Special Rapporteur for Human Rights: Admas Habteslasie talks to Surya Subedi QC (Hon)
The Westminster Commission on Miscarriages of Justice, set up to revisit the work of the CCRC after 25 years of operation, identified serious issues that risk miscarriages of justice remaining unidentified or unremedied. By Edward Garnier QC Michelle Nelson QC
Unsparing in his criticism, the former Attorney General reflects on recent events in government and his own experience of being chief legal adviser. Interview by Anthony Inglese CB
Making a move from the Bar to a career in governance: Maria Brookes outlines three good reasons to switch and how to do it
Sports coaches will be caught by a change in the law that addresses the disparity in treatment for 16- to 17-year-olds, writes Cameron Brown QC