*/
THE Family Law Bar Association submitted a response to the Ministry of Justice consultation entitled Reforming the Legal Aid Family Barrister Fee Scheme concerning legal fees in family law cases.
The Family Law Bar Association’s response to the Ministry of Justice consultation is made in the context of increasing pressure on the family justice system which is putting the most vulnerable in society at risk. At a time when senior family judges are publicly raising concern that the system is creaking at the seams, the Government seems intent on putting it under further pressure by proposing cuts of £13m to public funding for legal representation in family cases. Children, families and the administration of the courts will suffer. These proposals will actually increase costs.
Public funding in family law matters is only available for the most vulnerable. The Ministry of Justice’s proposals in the consultation paper will have the effect of reducing the number of barristers prepared to undertake family law work and risks the quality of representation available to these families. The proposals have the potential to create a two-tier system of justice in the family courts.
The Chairman of the Family Law Bar Association, Lucy Theis QC
said :
‘The protection of children is of concern to us all. There is often no second chance when children are at risk of harm. The removal of a child from his or her natural parents by the State has rightly been described as one of the most draconian decisions that can be made. Parents and especially children in such cases require effective, experienced representation. The expertise of the barristers who practice in this area is relied upon by both litigants and judges. The proposed cuts will not only reduce the number of practitioners who are willing to undertake this important public service but also discourage those wanting to specialise in this area.
The Family Law Bar Association is already seeing members withdrawing from publicly funded work; junior members of the profession are finding that they can’t afford to continue doing such work and senior members are not being replaced. If this trend continues – and it will be exacerbated by the Government’s proposals – the consequence will be the loss of effective experienced advocates to those who need them most. This will in turn impact on the family judiciary who are often appointed from those who have experience in conducting these cases.
The family courts are already under pressure. These proposals will result in the reduced availability of publicly funded advocates. This will risk an increased number of litigants in person appearing before family courts with the consequence that there will be increased costs for the courts, the other parties (invariably in receipt of public funding) and delay in decisions being made in relation to vulnerable children. This will further undermine public confidence in the family law system.’
She went on:
‘The Ministry of Justice’s proposals are short-sighted, ill-thought out and will result in the very consequences which it is trying to avoid – increased costs. The Family Law Bar Association calls on Lord Hunt to look afresh at how to fund family law cases. We have submitted proposals to revise the graduated fee system and wish to engage in a constructive dialogue with the Government to ensure that this is done in a way which minimises risk to the most vulnerable in society and ensures they have an effective voice in the family justice system.’
The Family Law Bar Association’s response to the Ministry of Justice consultation is made in the context of increasing pressure on the family justice system which is putting the most vulnerable in society at risk. At a time when senior family judges are publicly raising concern that the system is creaking at the seams, the Government seems intent on putting it under further pressure by proposing cuts of £13m to public funding for legal representation in family cases. Children, families and the administration of the courts will suffer. These proposals will actually increase costs.
Public funding in family law matters is only available for the most vulnerable. The Ministry of Justice’s proposals in the consultation paper will have the effect of reducing the number of barristers prepared to undertake family law work and risks the quality of representation available to these families. The proposals have the potential to create a two-tier system of justice in the family courts.
The Chairman of the Family Law Bar Association, Lucy Theis QC
said :
‘The protection of children is of concern to us all. There is often no second chance when children are at risk of harm. The removal of a child from his or her natural parents by the State has rightly been described as one of the most draconian decisions that can be made. Parents and especially children in such cases require effective, experienced representation. The expertise of the barristers who practice in this area is relied upon by both litigants and judges. The proposed cuts will not only reduce the number of practitioners who are willing to undertake this important public service but also discourage those wanting to specialise in this area.
The Family Law Bar Association is already seeing members withdrawing from publicly funded work; junior members of the profession are finding that they can’t afford to continue doing such work and senior members are not being replaced. If this trend continues – and it will be exacerbated by the Government’s proposals – the consequence will be the loss of effective experienced advocates to those who need them most. This will in turn impact on the family judiciary who are often appointed from those who have experience in conducting these cases.
The family courts are already under pressure. These proposals will result in the reduced availability of publicly funded advocates. This will risk an increased number of litigants in person appearing before family courts with the consequence that there will be increased costs for the courts, the other parties (invariably in receipt of public funding) and delay in decisions being made in relation to vulnerable children. This will further undermine public confidence in the family law system.’
She went on:
‘The Ministry of Justice’s proposals are short-sighted, ill-thought out and will result in the very consequences which it is trying to avoid – increased costs. The Family Law Bar Association calls on Lord Hunt to look afresh at how to fund family law cases. We have submitted proposals to revise the graduated fee system and wish to engage in a constructive dialogue with the Government to ensure that this is done in a way which minimises risk to the most vulnerable in society and ensures they have an effective voice in the family justice system.’
THE Family Law Bar Association submitted a response to the Ministry of Justice consultation entitled Reforming the Legal Aid Family Barrister Fee Scheme concerning legal fees in family law cases.
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
Is now the time to review your financial position, having reached a career milestone? asks Louise Crush
If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
On the 50th anniversary of the pub bombings, even now it is still unresolved. Chris Mullin, the journalist and former MP who led the campaign leading to the release of the Birmingham Six, looks back at events
One year on and the Court of Appeal fails to quash convictions after receiving evidence of racism in the jury room, and there are still no revisions to the Equal Treatment Bench Book , says Keir Monteith KC
Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
If your current practice environment is bringing you down, seek a new one. However daunting the change, it will be worth it, says Anon Barrister
A cultural life and times