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Pros And Cons Of Legal Aid Pre-Laspo 2012

4915 Words20 Pages

Family Law Plan

Contents:

1. Introduction
• The background of LASPO 2012 o Why it is being introduced o Briefly what legal aid was like before LASPO
• Objectives of LASPO

2. Pre LASPO 2012, Legal Aid Before
• How legal aid worked, the system Pre LASPO
• Costs of Legal aid in the past o Spending on Civil legal aid o Factors which contributed to its high cost
• Problems of the system before o Reasons for its inefficient use
• Case studies of legal aid Pre LASPO 2012
• Forecasted impact on the proposed reform o Impact on scope changes: family law
• Domestic violence as criterion
• Mediation o Impact on scope changes: Social Welfare law o Self-representation at tribunals without assistance o Cost to the public purse o Impact on courts and …show more content…

In 1970, its scope was widened to encompass representation for individuals (businesses being specifically excluded) in most court proceedings, other than defamation. The Access to Justice Act 1999 removed most personal injury and boundary disputes from the scope of legal aid; it also established: the Criminal Defence Service (which provides criminal legal aid); the Community Legal Service (which provides legal aid for civil and family cases); and the Legal Services Commission (LSC), which administers the two schemes. Most services provided under the Community Legal Service are means-tested, although “in certain types of proceedings, legal aid is available and free to all, for example, for parents in care of supervision proceedings and in child abduction proceedings, and for certain types of mental health or capacity proceedings where an individual is challenging his or her detention and for the child where they are party in family proceedings”. Where means test does apply, those people on passporting benefits are automatically eligible; services are also provided free to those whose disposable income and capital fall below certain thresholds and, for those whose income and capital is between certain thresholds, on a contributory …show more content…

Given the scale of this expenditure on family law, it is not surprising that the Government is proposing to make changes in this area. In cases where domestic violence is not present, the Government proposed to remove from scope all advice of representation for ancillary relief cases (covering, for example, disputes about the division of assets, applications for lump sum payments or maintenance, transfers of tenancy; and divorce) and for private law children and family cases (relating to: disputes about contact and residence of children; injunctions against ex-partners; Prohibited Steps Orders; and divorce). The Government proposes to retain in scope of advice and representation for domestic violence, forced marriage, international child abduction cases and international family maintenance cases; funding for advice and representation for separately represented children under Rule 9.5 (and 9.2A) of the Family Proceedings Rules 1991 (making a child a party to the proceedings if it is in their best interests). The consultation paper also proposes retaining the category of public law children cases within scope.

From these changes, the Government anticipates that there will be a reduction in case volumes of 211,000 (83% of the existing cases) for legal help and 53,800 (48%) for legal representation and

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