Chris Pamplin looks at a case where the Legal Aid Agency thought it could override the will of the court
The decline and fall of the legal aid system in England and Wales has been seen in legal circles as one of the most lamentable episodes in law reform in recent years. Dubbed by The Guardian as “the forgotten pillar of the Welfare State”, legal aid has been firmly in the firing line since 2010 when Kenneth Clarke, the then Justice Secretary, promised to cut civil legal aid by a further £350m by 2015.
What the Ministry of Justice calls “reforms” have seen whole categories of law taken out of scope for legal aid funding. One such category is family law, where legal aid is now only available with evidence of domestic violence, forced marriage or abduction. As a result, two thirds of parties to family law proceedings now represent themselves.
The debate rages on about how far this is a positive or negative change for our justice system. What is clear, though, is that parties denied professional legal representation or access to qualified
