Draft proposals to Divorce and Legal Aid
14th Jan 2011
Draft proposals would see divorce taken out of the Legal Aid system unless it was embroiled with domestic violence or child care issues.
DOMESTIC violence could rise if proposed rule changes on Legal Aid get the go-ahead, a leading North-East lawyer has warned.
Draft proposals would see divorce taken out of the Legal Aid system unless it was embroiled with domestic violence or child care issues.
BHP Law’s Family Team Leader Terry Hamer is concerned that the financial and emotional pressures of divorce could spill over into violence because people could then claim Legal Aid to separate.
“Domestic violence cases would still be included in Legal Aid so in cases where people are not being funded for their divorce proceedings, but are aware of a way to access free legal help, there could be a proliferation of domestic violence issues,” he warned.
“The knock-on effect would be an increase in the likelihood of injunctions and non-molestation orders which would clog up an already busy legal system, not to mention the trauma among families.”
The whole system of Legal Aid is under review and currently out to consultation with the Law Society and legal practices.
Under the new system mediation would still receive funding . Clients would however still require legal advice as proposals made in a mediation process are not legally binding.
A previous review of the system also virtually halved the number of law firms able to take on Legal Aid cases as practices were point-scored on their expertise.
The result would have been a huge increase in workload for successful firms like regional firm BHP Law, which saw its annual “new matter starts” almost double.
The Law Society successfully appealed the decision in the High Court and the Legal Services Commission was asked to look again at a “flawed” tendering system.
The Government also wants to cut ten per cent off all Legal Aid rates and payments making it more difficult to make the work financially viable.
Mr Hamer said: “It is becoming difficult for firms to commit, as BHP has, to provide legal provision to those who are vulnerable and the worst off.
“The proposed cuts will see firms going out of business or going into other areas of law where they can make a profit. This certainly does nothing to encourage bright, idealistic lawyers to commit themselves to providing their services to the most vulnerable sectors of the public.”
He said ultimately families would suffer. If there was no financial help then couples would have no option but to try and resolve issues themselves, potentially to their detriment.
“At a time when there is breakdown in marriage you have high levels of stress and anxiety and without expert help the chances of not involving any children in this stress and trauma seem pretty remote,” he said.
BHP Law has offices in Darlington, Teesside, Durham, Newcastle and Halifax.
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