Skip to main content

Legal aid proposals for family division

There is a lot of wailing going on about the legal aid proposals. Some of it may be valid.

However, given that most firms of solicitors merely roll over when facing care proceedings against their clients I see a lot of the money as being simply wasted.

Furthermore given that legal aid is from time to time refused for parents who wish to contest proceedings I wonder what it is all about.

Comments

lucindee said…
Parents are entitled to legal aid as of right in care proceedings. They are never refused legal aid for this type of case.
9:37 pm
John Hemming said…
I know of two cases where the legal aid certificate was rescinded because the parents wished to contest proceedings.
6:12 am
jacquig said…
I thought I posted a comment before Lucy did - I do not know of a case in which parents have been refused legal aid for the original care proceedings - this is non-means, non-merits tested ie automatic. SSD bring proceedings - parents get public funding - only refused at a later stage if they want to appeal or discharge the care order -and are deemed to have no merit. I am very uncomfortable about the role of the original lawyer in recommending appeals and the whole structure of funding for appeals but the main case is without issue - happy to discuss if you have other information.
10:10 pm
John Hemming said…
There are difficulties changing lawyer and indeed contesting an ICO when the ICO has originally been agreed. The difficulty is that at times parents are bullied into accepting an ICO and then recognise their error. Then they have legal aid removed because they wish to contest an ICO.

An ICO can be challenged on Article 8 even if originally accepted although the childrens act would not necessarily permit this.
6:43 am
Post a Comment

Popular posts from this blog

Why are babies born young?

Why are babies born young? This sounds like an odd question. People would say "of course babies are born young". However, this goes to the core of the question of human (or animal) development. Why is it that as time passes people develop initially through puberty and then for women through menopause and more generally getting diseases such as sarcopenia, osteoporosis, diabetes and cancer, but most of the time babies start showing no signs of this. Lots of research into this has happened over the years and now I think it is clear why this is. It raises some interesting questions. Biological youth is about how well a cell functions. Cells that are old in a biological sense don't work that well. One of the ways in which cells stop working is they fail to produce the full range of proteins. Generally the proteins that are produced from longer genes stop being produced. The reason for this relates to how the Genes work (the Genome). Because the genome is not gettin
1 comment
Read more