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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.
Update from the Chair of the Bar
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
Save the Children UK is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
James McNeill Whistler at Tate Britain until 27 September Rothko in Florence at Palazzo Strozzi until 23 August Reviewed by Stephen Cragg KC
The Chief Legal Officer to the Metropolitan Police, barrister Brett Welch, tells Anthony Inglese CB about his mission and the work to turn the Met around
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Grok around and find out – or not? Mariya Peykova investigates the nudification scandal, what the law has to say about sexually explicit deepfakes, and whether stronger regulation is needed
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts
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