Changes to legal aid have had a huge impact on family law cases involving children, a new report suggests.
The research conducted by the Office of the Children’s Commissioner for England found that in 70 per cent of private family cases one or both of the parties were without legal representation.
The study investigated the impact of the withdrawal of legal aid from the majority of family law cases in April 2013.
Only 57 cases received an exceptional funding grant – a system to protect those whose human rights are at risk – a much lower number than the 3,700 expected by the Ministry of Justice. Children’s Commissioner for England Maggie Atkinson explains that this is due to the system’s extreme complexity and strict criteria.
She added: “The system is so difficult to navigate that it leads to people having no legal representation. That in turn can prevent decision-makers making decisions properly, as well as stopping individuals obtaining the justice they need.
“We should not expect children and young adults to face the complexities of the legal system on their own. These systems are daunting enough for adults, let alone vulnerable children and young people.”
The report also found that cutting legal aid has not in every case led to the government saving money. Atkinson outlined that funding needs are being met by other areas of the system when “judges direct that representation has to be funded”.