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

I am very pleased with the service I received from Winstons, this is the second time I have dealt with them for conveyancing services and on both occasions Leasa was incredibly thorough and reassured me every step of the way. When other parties failed to deliver, Leasa ensured things were chased up and delivered/received with accuracy. I would highly recommend and will be sure to use Winston's again for any future property purchases
Charis
Would highly recommend Winston's.Both Leasa and Julie were extremely professional and we recieved regular email and direct call updates.In the middle of an extremely challenging chain, they went above and beyond and became intermediary's liasing with everyone else in order to get the conveyancing completed on time.Thanks again for a great service.Regards
Richard
My conveyancer Samantha and her associate Michelle kept me informed of the progress of my sale throughout the transaction. It was of benefit to me that the Winston office was local with plenty of parking. I would recommend them for any conveyancing
Ms H
Winston’s acted for us with our house sale and onward purchase. They have been excellent from start to finish. Leasa is extremely quick to respond to emails and more than happy to answer any questions. The online system is very efficient and helps keep you up to date with progress of the sale/purchase. Leasa and her team made the whole process so much less stressful than it could’ve been and we can’t thank them enough. We wouldn’t hesitate to recommend them.
Lucy
Teresa and Judith assisted with my recent divorce and i cannot rate them highly enough, i was talked through every aspect and everything was explained in full and i was kept fully updated and imformed of everything that i needed to do and when it was required for. Their patience when i was working away and understanding was especially appreciated.Once that was all complete Amanda and Samantha and the convayensing team sorted the transfer of the house and the paperwork associated with that.I would highly recommend them and thier company for any legal issues you have and would use thier services again without hesitation.
Richard J
Special praise for Emily Spencer ,who is more than efficient , very thorough in her work and I am sure , a very good member of the Winstons team ! Well done her ( plus Jeremy re our registration with the Land Registry .!)
Stuart
A helpful and thorough service that meant I felt confident that the house sale would be handled well.
Helen
Amazing service!
Anonymous
Contact Jonathan