Law Society attacks civil legal aid cuts
Des Hudson, chief executive of the Law Society, has attacked the latest round of civil legal aid cuts, announced by Lord Bach this week.
Des Hudson, chief executive of the Law Society, has attacked the latest round of civil legal aid cuts, announced by Lord Bach this week.
Among the cuts, aimed at saving £6m, is an end to routine access for non-residents living in the UK and British residents living outside the EU.
In private law family cases, people applying for the legal aid will have to notify their opponents, who will be allowed 14 days to produce evidence that the applicant is ineligible.
'There are already plenty of measures in place to protect against fraud,' Law Society chief executive Des Hudson said.
'This new proposal risks introducing delay and additional bureaucracy into the process for little or no benefit. Moreover, some opponents in matrimonial cases are not violent but are extremely manipulative.
'This gives them another weapon with which to cause distress and inconvenience to their ex-partner, with no penalty for a malicious allegation.'
To soften the blow, the MoJ has introduced a range of exemptions. Non-residents in the UK will continue to have access to legal aid in immigration, asylum, child abduction, forced marriage and emergency housing cases.
In exceptional cases, the LSC will allow human rights challenges from non-residents.
People who make emergency applications for legal aid in family cases, for example because of domestic violence, will also be exempt.
Steve Hynes, director of the Legal Action Group, said the original package of cuts could have had a 'devastating effect'.
However, he said the introduction of a 14-day period during which legal aid applications can be challenged could lead to 'very difficult tussles'.
He went on: 'The other side has a vested interest in preventing the client from getting a certificate. The process could lead to delays and the LSC might not get the results it wants, which is to save cash.'
The MoJ intends to introduce the 14-day period across the civil legal aid scheme, subject to exceptions for cases involving mental health detentions, parents or guardians involved in Children Act proceedings, asylum applications and cases where the client could lose their home.