More than a quarter of parties in some areas of England and Wales are unrepresented in public family law cases, which determine whether a child should be removed into local authority care
Figures collected by the Law Society found 30% unrepresented in Medway and Canterbury, 28% unrepresented in Portsmouth (Hampshire and Isle of Wight), 27% unrepresented in North Wales, 26.5% unrepresented in Devon, and 25% unrepresented in South East Wales.
Lizzy Parkes, national helpline manager at Support Through Court, said: ‘Many of the family cases we are seeing at our service are eligible for legal aid but cannot find a legal aid provider with the capacity to take on new cases.
‘At the same time, the majority, if not all, of the cases involve domestic abuse.’
Liz Fisher-Frank, acting director at Essex Law Clinic, said: ‘Where in the past a solicitor’s letter may have resolved issues or encouraged mediation, now clients seeking to resolve issues, where necessary, must navigate the process of making an application to the court on their own—which can be incredibly daunting and for some simply too much to deal with.’
The Law Society has called on the next government to increase civil legal aid to make the work financially viable, uprate the civil legal aid means test eligibility to widen the pool of people eligible for legal aid, and collect and publish better data on the family justice system.
Law Society president Nick Emmerson said: ‘Our members tell us that they see litigants in person (LiPs) who represent themselves feeling overwhelmed with court process, court orders and procedure rules, which leads them to have difficulties.
‘There has been a small improvement in 2024 of the number of cases with representation in private family law. However, much more is needed to make our family law justice system fit for purpose.’
