Legal representatives ‘a rarity’ in private law children cases
Rise in LiPs leads to more contested hearings, say judges
The Judicial Executive Board's evidence to the Commons Justice Select Committee's enquiry into the effect of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 has been published.
The Board, which comprises the most senior judges in England and Wales including the President of the Family Division, notes that the justice system has not developed with a focus on unrepresented litigants and is now faced with an unprecedented increase in their incidence.
The Board says that the judges' perception resonates strongly with the statistical analysis produced by the Ministry of Justice: the system is under great pressure. In private law family cases, legal representatives are now described by judges as "a rarity".
The Board also finds:
- Since LASPO came into force, there has been a large increase in the number of cases where one or both parties do not have legal representation – most prominently in private law family litigation.
- Where legal aid has been removed and individuals have become self-represented the adverse impact upon courts' administration and efficiency has therefore been considerable. The apparent saving of cost by a reduction in the legal aid budget needs to be viewed in context: often it simply leads to increased cost elsewhere in the court system as, for example, anecdotally cases take longer.
- The Judiciary's perception is that cases which may never have been brought or been compromised at an early stage are now often fully contested requiring significantly more judicial involvement and causing consequential delays across the civil, family and tribunals justice systems. Figures indicate that take up of mediation and ADR services have reduced meaning more cases are dealt with by the courts and tribunals.
- The absence of funding for crucial experts' reports in private law family work in particular has had significant consequences.
- The Judiciary's experience is that the absence of pre-proceedings advice in the tribunals' jurisdictions has resulted in an increase in unmeritorious claims and, almost certainly, some meritorious cases never being brought.
- Exceptional cases funding gives cause for concern.
The Board's written submission is here.
Tony Roe, principal of Tony Roe Solicitors, solicitor & family law arbitrator, commented:
"This evidence from judges shows a large increase in the number of cases where one or both parties do not have legal representation, especially private law family litigation. This contradicts Ministry of Justice claims that the latest figures demonstrate family court performance is being maintained.
"The Judiciary's perception is that cases which might have settled are now often fully contested by litigants in person, requiring significantly more judicial involvement, causing delays. Increased delay in the family courts will inevitably lead to practitioners advising their clients to opt for family arbitration to achieve a speedier resolution, not to mention a confidential and flexible one."
27/5/14