The Head of the Family Division, Sir James Munby, has adjourned a case and challenged the Justice Secretary to provide an explanation as to how it can proceed in the absence of the father being granted legal aid.
Changes to legal aid introduced in April 2013 have resulted in many parties in the family Court conducting their own litigation in spite of many having a lack of knowledge and understanding as to the process and a lack of money to meet any associated costs such as experts and interpreters fees.
Munby said “there could be circumstances in which, without the assistance of a legally qualified representative, a litigant might be denied [their right to a fair trial]”.
“The question then is what is to be done because, on one view, we have … reached an impasse, which is unthinkable. This case raises, in quite an acute form, a problem which is increasingly troubling judges sitting in the family court at all levels.”
” There is the risk that, if one has a process which is not fair to one of the parents, that unfairness may in the final analysis rebound to the disadvantage of the child.”
“It seems to me that these are matters which are required to be investigated.’
Munby concluded: “I propose to adjourn this matter for … a short time, inviting the Ministry of Justice – or it may be the secretary of state for justice or it might be the minister for the courts and legal aid – to intervene in the proceedings.”
If you have any questions about entitlement to legal aid and representation in family proceedings then you should contact our friendly and experienced family team on 02920 470909.