Report on experiences and needs of LiPs published
Range of measures recommended made to support LiPs
The Ministry of Justice has published findings from a study into the experiences and support needs of litigants in person in private family law cases.
The report – written by Liz Trinder, Rosemary Hunter, Emma Hitchings, Joanna Miles, Richard Moorhead, Leanne Smith, Mark Sefton, Victoria Hinchly, Kay Bader and Julia Pearce – was submitted to the Ministry of Justice in September 2013.
The study focuses on the experience of LIPs prior to the legal aid reforms in April 2013. It was designed to inform policy and practice responses to LIPs following the legal aid changes.
The report concludes with a summary of the broad recommendations arising from the team's analysis of the literature and the research data.
The recommendations are:
Information needs
- That all relevant family justice communications, including forms, leaflets, practice directions, templates and pro forma, are re-evaluated from the perspective of LIPs and (if necessary) redesigned with their various needs in mind.
- That a single authoritative 'official' family court website is established with all the resources that a LIP needs in one place.
- That the court's communication with parties prior to the first hearing is used more effectively to convey important information to LIPs.
- That judges are encouraged to give LIPs clear verbal instructions and guidance on process and procedure.
- That the court service provides increased opportunity for face-to-face inquiries with relevant court staff and that guidelines and training for court staff are devised to facilitate information-giving whilst avoiding giving advice.
Emotional/moral support
- That there is a presumption that a single family member, friend or volunteer may accompany a LIP in court to offer emotional/moral support without the need to submit a formal CV.
- That consideration is given to the development of a code of conduct, practice guidance or regulatory framework for paid/'professional' McKenzie Friends.
Practical support and legal knowledge. - That initial legal advice to facilitate dispute resolution and, where necessary, for initial preparation for court proceedings is made universally available.
- That providing support for LIPs in a consistent way in both semi-represented and non-represented cases is understood as a key element of the judicial role; and that judicial officers receive appropriate guidance and training to do so.
- That measures are introduced to ensure greater availability of and access to exceptional case funding in private family law matters.
- That a mechanism is introduced to enable judicial recommendation for the provision of publicly funded representation in the interests of justice.
- That the MoJ consider which other forms of legal and procedural assistance for LIPs engaged in court proceedings can feasibly be supported or implemented.
Other issues
- Follow up independent research is needed to examine the impact of the legal aid reforms on the types and experiences of LIPs, their impact on the court system and the effectiveness of innovations and services to support LIPs.
The report is here.
Resolution has welcomed the long-delayed publication. Jo Edwards, chair of the family law organisation, argues:
"The recommendation in the report for initial legal advice for litigants in person is something that Resolution has consistently argued for. Our members see first-hand the problems faced by litigants in person, who enter the courts without a full understanding of their legal position, court procedures or how to present evidence, leading to emotional and acrimonious and unfair outcomes for them and for their families. Some, as the report identifies, are vulnerable and are simply not capable of participating effectively in the family justice system, no matter how many modifications are made to the court process. It is a travesty that these people are expected to enter into a process with enormous ramifications for their lives without proper support."
Jo Edwards continues:
"As well as the problems facing vulnerable applicants, the lack of legal signposting and advice means that far fewer people are entering mediation and other beneficial processes that help to resolve matters quickly, after the loss of family solicitors as the major referral point. Publicly-funded mediation numbers have dropped 45% over two years, despite the Government's objective of diverting more separating couples into mediation.
"Resolution members working in the family courts see every day the issues outlined in the report. For us, and for everyone who cares about justice in the family courts, the huge increase in self-represented litigants is a serious concern. Resolution is publishing an updated good practice guide to working with litigants in person next week, and will be running training for family work professionals on how to minimise conflict and work effectively in cases where the other party is unrepresented."
Publication of the report coincides with the release of 'experimental statistics' which suggest that the increase in the duration of private family law proceedings is not caused by the increase of litigants in person. The statistics are here.
27/11/14