Graysons Solicitors In The Press

Renewed opposition to legal aid cuts as House of Lords considers government’s proposals

There are renewed attacks today on the government’s plans to cut legal aid as part of the Legal Aid, Sentencing and Punishment of Offenders Bill – which resumes its passage through the House of Lords tomorrow.  The level of savings is disputed and the consequences of the those savings are described as potentially ‘devastating’.

An independent economic survey, undertaken by Kings College London and published today, suggests that cuts to legal aid in private family work, social welfare law and clinical negligence will achieve less than half of the government’s predicted savings.  The Law Society’s chief executive, Desmond Hudson, says that Dr Graham Cookson’s findings, which indicate that the government’s proposed  savings of £239 million a year will result in knock on costs of at least £139 million, ‘fatally undermine’ the Ministry of Justice’s claims about savings that will be achieved by the cuts.

Family law group, Resolution, has added to the argument today also by releasing a report that suggests that more than 4000 children could risk losing contact with a parent if the cuts go ahead.  87% of Resolution members responding to a survey said that less than 25% of their current cases involving access and residency battles would qualify for legal aid if the cuts go ahead as planned, as parents who have to go to court to get access to their children would either have to give up, or do so without proper legal help. The Bill specifically withdraws legal aid from parents trying to get their children back from abroad.

Those campaigning for fathers’ rights are particularly incensed as many of the access cases that go to court are taken by fathers.  Campaigners say that the cuts go against David Cameron’s commitment to ensure that children can have a meaningful relationship with both parents when they separate.

The survey also suggests that many families could be left depending on welfare benefits as they will be unable to find out what their financial entitlements are, or know if any settlement is fair.

The current government proposal, which will take away the right to legal aid in all private family law matters, apart from domestic violence, suggests that mediation is a better way to decide who looks after the children, but many believe this argument is flawed too.    Resolution chair David Allison says: ‘We are concerned that by focusing so heavily on mediation, the government will punish those for whom it simply won’t work through no fault of their own - for example, if they have an abusive or uncooperative partner.’

The Ministry of Justice says that the system is in need of fundamental reform and that cuts to the £2 billion a year legal aid bill (one of the most expensive systems in the world) are absolutely necessary.  So we watch with great interest from today, as the Bill continues its journey through the Lords – with some substantial opposition from peers already, especially former president of the family division, Baroness Butler-Sloss – in the hope that some sense will be seen and the latest reports are considered properly before there is irrevocable damage to our current legal system.

Graysons is a member of AvMA (Action Against Medical Accidents) and is opposed to the government’s proposals to cut legal aid for those who have suffered medical negligence. For further information on the effect of the cuts on medical negligence cases and please read our news story - What is the future of funding for medical negligence claims?