Law is for all, citizens have the right to access
justice and a fair trial. Everyone struggled for justice and are often left
helpless with many problem. However with legal aid, it grants people to understand their legal obligations.[1]
Legal aid covers both criminal and civil law, and helps those with financial
difficulties as well as those who need
assistance in legal services.
For the past years, [2]family
court allowed legal aid in divorce cases , dissolution of civil partnership, providing
experienced solicitors dealing with private family matters as domestic violence
or child abuse cases ,and even if the child is at risk of abuse or experiening
abusive treatment from parents or guardian the legal aid will provide
neccessary procedure such that protection order from family court which prevent
the child from contacting abuser. Moreover, it helped the family court reducing
overloads of cases.
Discussion :
On 1st April 2013
civil and family matters were removed from scope of by the government drastically restrict access
to legal aid in family cases.[3]It
was said that legal aid will be no
longer available in private cases unless claimant fall into certain
exception.These exception falls for examples ,where applicant having domestic
violence or involves in forced marriage, or allegations of child abuse or any
relevant circumstances (Gray,2013). [4]One
of famous lawyer who regularly wrote about family issues, Rachel Horman in
her blog opined her dissatisfaction ‘’ Although the government will still allow legal aid in cases
of Domestic Violence the definition is very strict and many Domestic
Violence victims simply will not fulfil the criteria which will inevitably lead
to them suffering further incidents of domestic violence until they are deemed
to be worthy of legal aid. ‘’ (Horman,2014)
Many problem arises from
removal of legal aid, as well as many legal expertise voice out their view
against the cuts in legal aid.[5]In
written submission the board comprises
most senior judges in England and Wales including Lord chief justice,Lord
Thomas, the Master of the Rolls, Lord Dyson, the president of the Queen's
Bench, Sir Brian Leveson, and the president of the family court, Sir James
Munby. implies that the Ministry of Justice policy motives to reduce the budget
may have been disadvantageous .[6]Their
evidence has been sent to the Commons justice select committee which looking
into the effect of changes introduced by the Legal Aid, Sentencing and
Punishment of Offenders (LASPO) Act 2012.
[7]One
of the most severe impact has been on security in court, the judge said.
"litigants themselves sometimes come to court with a group of friends
or family as support. The tension can be
felt high between rival in the waiting area. Sometimes unpredictable violence
occur. This leads to a smaller court (usually a district court) is not prepared
to handle the incident. Also that there
is potential danger to judges, court staff and the public alike. '' In one
incident last year in Southend district court, estranged father attacked his
wife with a knife in the middle of a hearing
Likewise , as highlighted in the article ‘’ [8]The
impact of legal aid cuts on Family Justice –Report by the family court Unions
Parlimentary Group-April 2014. ‘’Access to justice is now only available to
those who can afford it. This has resulted in entrenched and dragging court
cases, as people are left with no other choices but to represent themselves as
litigants in person despite lack of knowledge in law. [9]Statistic
shows increase in family law cases where
people absolutely represent themselves without legal adviser .Such that figures obtained by a Freedom of Information
(FoI) shows rise in the number of people representing family courts without a
lawyer of around 30 per cent following dramatic cuts to the legal aid budget.
The impact was not just for the couples but also the children.(Bowcott,2014)[10]
In an attempt to save £350m a year, the Ministry of Justice (MoJ) changed the
rules from April last year so that some cases, including divorce and child-custody
proceedings,are no longer eligible for public funding. (Swinburne,Johnston,2014)
In
addition impact from the withdrawal of legal aid ,recent case shows an example
of how illiterate and poor class of people suffered without legal aid. [11]Where Judge Hallam during
the proceeding voice out her view as well as disapproved the injustice of the
newly pared-back legal aid system after an illiterate mother of four, with poor
sight and hearing, was forced to represent herself in a court hearing over the custody
of her children.She added that the
woman, was not been given opportunity of a fair trial and that she believed
others around country were also being let down. [12]Hallam told the hearing :
“If legal aid is being refused to people such as this, I am satisfied that
injustices will occur … Mothers in her situation should have proper and full
access to the court with the assistance of legal advice.” Even Senior judge
Hallam expressed her dissatisfaction of the system.(Boffey,2014)
Although
withdrawal of legal aid said to have injustice and it is easy to imagine couple
with disputes of trivial issues(Boffey,2013).[13] It will
affect major claim and good example of of difficulties with cutsback was Re
T(children) where claims
of granparents abuse their grandchild and unable to bear cost of legal adviser
these two parties joined care proceedings and borrowed £55000 to fund their
defence of allegations.When the allegations was found entirely baseless ,grandparents
completely discharged. Then they were left with legal bill which would take
them 15 years to settle it . The supreme court while taking account to this
positions held that local authority should not ordered them for any fees.Its
really hard to justify that those who have to go through high debt for such baseless
case.The supreme court raised article 6 of the Echr which guarantess rights
for fair trial.
As
just mentioned case , legal action in the future may be focused on the extent
to which the restrictions on legal aid violate the human rights of undermine
people.
[14]Such in Airey
v Ireland ,failed to
provide legal aid to a woman to help her in separating from her husband
allegedly violent and alchoholic as she violated her rights under Article
6 because the court had been
denied access to the power, and Article 8 because she could not ensure
protection of rights in her respect for her private and family life. The court
took account of the entanglement procedures and legislation which need to
present evidence and examine witnesses and use of expert evidence also her own
ability and condition. Refer
to this, marriage disputes often involve emotion involved party who hardly
compatible with the degree of objectivity required by support at court. Using
these criteria, the court would appear to give appropriate assessments for
legal aid.
Conclusion
:
It can be say that the impact of legal aid cuts on the family
courts of Uk and Wales has been devastating and continuosly have impact on
family court . The cuts in legal aid described as savage[15]’’
and breathtaking[16]’’ by
leading family law experts such that Marvis Maclean argues where the cuts
affected few cases that require interventions of skilled expertise dealing with
child during the court process is either in danger or being undone. [17]The
false assumptions that individual will deals in mediation rather than courts
and those who suffering mental health or having learning difficulties or
limited English abilities would use the mediation method is completely bizarre.
‘’
[18]The impact of legal aid cuts have to be reform
Caplen suggest although government have
its reasons for the legal aid cuts but the impacts are mostly suffered by
citizens.He added that there's a need to ensure that lawyers are properly paid
to attract the right people. We need to show how money spent early helps but
also show we are innovative. You have a real fight on your hands but a fight is
always a nice thing to have when the cause is just and justice is a just
cause."(Bowcott,2014)
Words :1511
Bibliography and
Further Reading
·
Legal
Aid ,https://www.gov.uk/legal-aid/overview,Accessed :1st December 2014
·
Gray
, Jun2013 ;Legal Aid cuts What has Changed: http://www.bbc.co.uk/news/uk-politics-22936684
;Accessed:5th December 2014
·
Horman
,2014 ;Legal Advice For Domestic Abuse Victim: http://www.rachelhorman.co.uk/legal-advice-for-domestic-abuse-victims/
;Accessed :5th December2014
·
Bowcott
;May 2014; Judges on Legal Aid Cuts; http://www.theguardian.com/law/2014/may/14/judges-legal-aid-cuts;
Accessed; 5th December 2014
·
The
impact of legal aid cuts on Family Justice –Report by the family court Unions
Parlimentary Group-April 2014.
·
Swinburne,Johnston
March 2014 ;Cuts to legal aid force more people to represent themselves; http://www.independent.co.uk/news/uk/home-news/cuts-to-legal-aid-force-more-people-to-represent-themselves-9179087.html;
Accessed ; 5th December 2014
·
Boffey,2 November 2014 ; Legal aid cuts denied
mother a fair hearing, says senior judge; http://www.theguardian.com/law/2014/nov/02/legal-aid-cuts-
judge-louise-hallam; Accessed 5thDecember2014
·
Herring
,;2013 The Family Justice Review and Reform of Legal Aid;Longman Series, Sixth
Edition Page 40-41
·
Maclean
(2011)-‘Family Law in Hard times’Journey of Social Welfare and family
alw33;309.
·
Hunter(2011)’Doing
Violence to Family Law ‘,Journal Of Social Welfare and Family Law33;343
·
House of common Justice Committee (2011)- Herring ,;2013 The
Family Justice Review and Reform of Legal Aid; Longman Series, Sixth Edition
Page 40-41
·
[1] Bowcott , September 2014 ; Chris Rayling Used Bluff
and bully tactics to push legal aid cuts ; http://www.theguardian.com/law/2014/sep/08/chris-grayling-legal-aid-cuts-judicial-review-challenge
;Accessed;5th December 2014-12-05
[3] Gray , Jun2013 ;Legal Aid cuts What has Changed: http://www.bbc.co.uk/news/uk-politics-22936684
;Accessed:5th December 2014
[4] Horman ,2014 ;Legal Advice For Domestic Abuse Victim:
http://www.rachelhorman.co.uk/legal-advice-for-domestic-abuse-victims/
;Accessed :5th December2014
[5]-10 Bowcott ;May 2014; Judges on Legal Aid Cuts;
http://www.theguardian.com/law/2014/may/14/judges-legal-aid-cuts ;Accessed; 5th
December 2014
[11]-12 Boffey,2 November 2014 ; Legal aid cuts denied
mother a fair hearing, says senior judge; http://www.theguardian.com/law/2014/nov/02/legal-aid-cuts-judge-louise-hallam;
Accessed 5thDecember2014
[13] - 18 Herring
,;2013 The Family Justice Review and Reform of Legal Aid;Longman Series, Sixth
Edition Page 40-41
[15] Maclean (2011)
[16] Hunter(2011)
[17] House of common Justice Committee (2011)- Herring ,;2013 The Family Justice Review and Reform of
Legal Aid; Longman Series, Sixth Edition Page 40-41
[18] Bowcott , September 2014 ; Chris Rayling Used Bluff
and bully tactics to push legal aid cuts ; http://www.theguardian.com/law/2014/sep/08/chris-grayling-legal-aid-cuts-judicial-review-challenge
;Accessed;5th December 2014-12-05
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