Legal Aid – sustainable or inadequate?

This week the Scottish Government published proposals for the future of legal aid.  The paper “A sustainable future for legal aid” set out their intention to maintain and improve access to justice, while at the same time saving money. 

It notes that recent increases financial eligibility for civil legal aid in 2009 mean that people with disposable incomes of up to £25,000 qualify for some assistance.  The recent Spending Review reduced the budget for legal aid will fall from £161.4m in 2010-11 to £132.1m in 2014-15, so radical change is necessary.

While restating the need to provide adequate legal aid for all parties in child contact disputes, Families Need Fathers Scotland will be asking the Scottish Government to look very carefully at whether it might be more cost effective to move straight to a proof hearing stage in high-conflict child contact/residence cases.

We know of many cases which have involved umpteen Child Welfare hearings extending over many months or years without any resolution.  This is damaging to all parties concerned, and we would suggest that this investment in early resolution could produce savings in both money and feelings.

The Justice Committee of the Scottish Parliament is calling for evidence on the impact of the proposed cuts to legal aid, as one of their main topics of enquiry this session. 

Families Need Fathers Scotland will be submitting a response noting our concern that obtaining legal aid has become significantly more difficult in child contact cases during the course of this year, particularly when assistance is sought to take a hearing to proof in order to consider a bar report in more detail.

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