Skip to main content
Legal news

Family Law Reforms 2011

Jonathan Winston Jonathan Winston
3 min read

Family relationship patterns in England and Wales are continually changing. 71% of most families are still headed by a married couple, but the proportion of cohabiting couple families has increased in the last decade, and the number of step families and children living with parents in same sex relationships has also increased.

The existing system of family law in England and Wales is based around the needs of traditional families. The Government proposes wide scale changes to this system driven by an increasing diversity in families, and a need by Central Government to cut costs. These changes are encompassed in the recently published Independent Family Justice Review and the Legal Aid, Sentencing and Punishment of Offenders Bill.

Many of the recommendations of the Family Justice Review have been applauded as long overdue. The Review recommends that a Family Justice Service is set up to manage the court process, mediation, court social workers and administration of legal aid; but whilst the Review is welcomed, there has been opposition to the Legal Aid Bill, as being incompatible with the changes proposed in the Review. The Legal Aid, Sentencing and Punishment Offenders Bill is currently passing through the House of Lords.

Only 3 of the 54 peers in the House of Lords who spoke offered support for the Legal Aid, Sentencing and Punishment of Offenders Bill as it passed its second reading on 21st November 2011. There was an “overwhelming feeling” (Lord Bach) that the Government has got part 1 of the bill wrong. The Justice Minister stood by the proposed cuts, as being part of an overall need to cut £2bn from the Ministry of Justice’s £9bn budget.

Part 1 of the bill abolishes the Legal Services Commission (Legal Aid Board) and takes many types of case out of the scope for legal aid funding. The bill now awaits being passed to committee stage and line by line scrutiny of the bill. If changes are not made, there is a risk to the government that the House of Lords will reject the entire bill at third reading in the New Year. The Bill takes most types of family cases out of the scope of legal aid funding.

Findings from a recently published survey by the Citizens and Advice Bureau and Resolution hi-lighted the pressing need for the government to amend the bill. Every year there are over 110,000 divorces in England and Wales and divorce only accounts for 20 per cent of relationship breakdowns. Every year, half a million children and adults are involved in the family justice system.

Research by the Citizens Advice Bureau and Resolution suggests that 80% of clients needing help when separating, who would currently be entitled to legal aid, will no longer qualify if Part 1 of the Legal Aid Bill is passed. Although the recently published Family Law Review recommends a streamlining of the court process and other methods of resolving disputes relating to children, the fear is that Part 1 of the Legal Aid Bill will result in most parents being unable to get Legal Aid, and the Courts then being overrun with litigants in person.

Client feedback

First time we’d done anything like wills. Monika understood our outline requirements, and guided us carefully through the process through to signing. We were delighted with the service we received from Monika and the team at Winston’s, and would absolutely recommend them to others.
Graeme
I was very pleased with the service provided. Advice provided in a timely and efficient manner, very clear and concise.
Anonymous
Sidraa did the conveyancing on our recent house sale and purchase and she was outstanding. She is so thorough but also keeps you constantly updated removing a lot of the anxiety about the process. She was also ably helped by Paulo. Thank you for all the hard work you put in on our behalf.
Kathryn
Great from start to finish. Kept updated at all times. Michelle was also good at replying to my emails,I would highly recommend to anyone.
Jonathan
Lease has been amazing getting all my documents ready for my house purchase, she was rapid at responding to my email and replying back to any queries I had. I would surely recommend it Winston solicitor to my family and friends.
Fatima
Can’t recommend Winston solicitors enough especially Heidi for all of her help and patience, I was ready to give up with my claim but Heidi showed huge determination and patience in ensuring I got some justice, amazing service and the staff work tirelessly to help their customers
Alannah
I cannot recommend Samira at Winston Solicitors enough. She worked tirelessy to defend our case and her knowledge and professionalism, along with her ongoing support, helped to make a very stressful situation easier to manage. Would I recommmend again, in a heartbeat!
Ben
I used Winston solicitors for the purchase of my first home. They were absolutely fantastic, especially Michelle who was my solicitor. She was so kind and friendly. She answered every question I have and was very responsive and easy to get a hold of. I highly recommend Winston solicitors and Michelle especially:)
Tomas
Contact us