Resolution submits evidence to Bach Commission on Access to Justice

Submission emphasises impact of legal aid cuts on separated couples

Resolution has recently submitted evidence to the Bach Commission on Access to Justice as part of its continued campaigning work on legal aid in the aftermath of LASPO.

The submission provides an overview of the impact of the cuts to legal aid on separating families, and on vulnerable people in particular.

It also provides a series of short- and long-term recommendations for reforms which could be made by current and future governments in order to improve access to justice for people facing separation and divorce.

The submission includes a number of measures which could be taken relatively quickly to improve the current state of family legal aid, including:

Raising awareness of the availability of legal aid among those who remain eligible
Widening the private family law gateway to ensure those who need and are eligible for legal aid are able to receive it
Careful monitoring of the numbers of litigants in person, particularly those being cross-examined by alleged perpetrators of domestic abuse
Urgent resolution of persistent problems with CCMS.

Resolution also outlined a number of practical and positive longer-term measures which would improve access to justice, such as:

The introduction of a 'Family Law Credit' to enable those currently eligible for legally aided mediation to explore their options in more depth
Extending the availability of legal aid to include all out of court dispute resolution methods, in addition to mediation
The introduction of 'Advice and Information Meetings' early in the process, before an application to court
A review of the recent increase in divorce fees, supported by a simple, transparent and fair remissions policy
The introduction of 'Divorce without Blame', removing the need for one party to assign fault to the other.

The full submission can be read here.

9/5/16

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