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.