The Demise of Family Legal Aid- What Happens After 1st April 2013?

THE DEMISE OF LEGAL AID FOR FAMILY LAW

What happens after 1^st April 2013?

The Legal Aid(Sentencing and Punishment of Offenders) Act 2012  has received Royal Assent and is now an Act of Parliament implemented into UK legislation. The new reforms are due to take place on 1^st April 2013.

The new provisions create The Legal Aid Agency, which will be an Executive Agency of the Ministry of Justice and will replace the Legal Services Commission (LSC). There will be changes to the eligibility for, and scope of, legal aid cover.

The new legislation is intended to save £350 million from the Ministry of Justice’s annual legal aid budget and cuts equal to 40% have been announced to the legal aid sector. According to a parliamentary report, the new Act will lead to 500,000 fewer instances of legal help to many individuals and 45,000 fewer instances to legal representation.

The Government cuts to Family Legal Aid will undoubtedly lead to a reduction in legal representation for many people at one of the most vulnerable times in their lives.

According to the Ministry of Justice, legal aid will still be available in criminal and childcare proceedings, some family or civil proceedings and in claims made by victims of domestic violence. However, the claimant will need to show that legal aid is absolutely necessary; for example in cases where a person faces a risk of serious physical harm, their life or liberty is at stake, they face immediate loss of their home or their children may be taken into care.  The new criteria are extremely limited resulting in only a minority of firms retaining and renewing their Legal Aid Franchise to undertake family legal aid work.  The remaining firms are permitted to conclude any ongoing legal aid work beyond 1^st April 2013 but are not permitted to make any new applications after that date. 

The results will inevitably mean longer waiting times for appointments, travelling further afield and if and when an appointment is secured, the few remaining solicitors providing legal aid being too busy to provide a personal and unique service to their clients.

From 1^st April 2013, as a result of these changes, Hadgkiss Hughes & Beale will no longer undertake legal aid for family work.  We are however, able to provide you with a prompt and personal service treating you as an individual in your time of need.  We will provide you with a professional and approachable service with fixed fees, and budgeting measures to ensure that you can still receive and have access to the expert advice and assistance you require. 

Arrange an appointment with one of our Family Experts: Hardip Lall email: hardiplall@hhb-mo.co.uk  or Katie Ward email: katieward@hhb-mo.co.uk or telephone 0121 449 5050.

We offer a free, no obligation, half hour appointment to discuss whatever family issues you have and also to consider the most appropriate cost package available.