Loss of legal aid spells disaster for parent-child contact, lawyers warn

Family lawyers are warning that parents risk losing contact with their children because of reforms to legal aid, ahead of further scrutiny of the legislation in the House of Lords.

According to a snapshot survey by Resolution, the association representing 6,000 family lawyers, less than a quarter of families that currently qualify for legal aid will be able to access subsidised legal support if the Legal Aid, Sentencing and Punishment of Offenders Bill is passed.

The survey of 267 family lawyers found that 57 per cent believe a parent risks losing contact with their child in at least half of their cases – a total 4,348 from the snapshot sample alone.

A further 41 per cent of members said their current legal aid cases would be unsuitable for mediation, partly as a result of domestic violence, drug or alcohol problems or mental health issues.
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David Allison, chair of Resolution, said: “It is clear that the government’s proposed legal aid cuts could bring devastating consequences. Many of those currently eligible for legal aid would seriously struggle to obtain the legal advice and support that could ensure they continue to see their children after a difficult separation.

“The changes also risk increasing the nation’s benefits bill. Many of our members say that the majority of their clients would not know what financial settlement they are entitled to, which could see them left dependent on the welfare state and benefits.

“Resolution welcomes the government’s desire to see fewer family cases going through the court system. However, there needs to be support for those for whom mediation is inappropriate, which, according to the survey, could be in as many as 40 per cent of cases.”

On average, the 267 family lawyers who responded to the survey worked on 51 cases, representing 15,000 children in total.

Further results reveal that more than half of respondents, 55 per cent, would do less private family legal work – 31 per cent for public family legal aid.