Report on the Future of Legal Aid
Legal aid is in urgent need of reform to ensure that the most vulnerable can have access to justice, a report by the House of Commons Justice Committee has found.
With regard to family issues, the Committee welcomes the introduction of the Family Mediation Voucher Scheme. It says that it is a positive step which recognises that more needs to be done to help separating parents. The Committee believes that if early legal advice was available alongside mediation, it would result in an increase in the numbers using mediation successfully.
The Committee suggests that the civil legal aid system needs an updated version of the Green Form scheme, which was introduced in 1973, that would allow individuals to understand their rights and be directed to the services that are most appropriate for their situation. One suggestion the Committee received is that the Government could develop and pilot an ambitious and economically viable early advice scheme, that enables individuals to access timely legal and expert advice. Rather than being constrained by issues of scope, such a scheme should be strategically targeted at those who would most benefit from early advice.
The weight of evidence, according to the Committee, suggests that inaction on the rising number of litigants in person is not an option. Many of the policy responses to the issue involve increasing the resources of the courts or other agencies involved in the system. With the impact of the pandemic likely to lead to a greater number of litigants in person in the family courts and in tribunals, the Committee urges the Government to consider providing more accessible and effective forms of support.
These findings tally with our experiences. The vast majority of divorcing couples want impartial and affordable legal advice. The earlier they can access it the better, so they can manage their own expectations and work together to find the right solution, rather than against each other. We hope this report is a springboard to ensuring that no divorcing couple is priced out of expertise.
House of Commons Justice Committee Report – The Future of Legal Aid
Author Name: Editor
Published content by The Divorce Surgery Editorial Team.
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