Lawyers are slated over disabled

The legal system has created an uneven playing field when it comes to helping people with learning disabilities enforce their rights, a joint Law Society and Department of Health conference heard last week.In his keynote speech, district judge and leading disability campaigner Gordon Ashton accused lawyers and courts of not understanding the special needs of the mentally disabled and valuing the strongest litigant over the strongest case.

For years I have felt that practitioners and legal authors have the wrong approach, concentrating on traditional fields of law instead of the legal needs of client groups, Mr Ashton said.In particular, Mr Ashton renewed calls for the Law Society to set up a special body of recognised incapacity practitioners to make the system more user-friendly for both disabled people and their carers.

If housing law justifies an accreditation scheme, why not those who have welfare and community care needs? he demanded.

Sadly, the profession is not meeting the needs of its potential clients.

Law Societys Deputy Vice-President Carolyn Kirby defended its policy, saying the Society is committed to understanding the specific concerns of people with disabilities.

The Societys mental health and disability committee will be reconsidering the issue of a specialist panel as a result of issues raised at the conference, she added.

Mr Ashtons criticisms come in the same week that the Public Trust Office responsible for ensuring that those with mental incapacity receive financial protection is replaced with the Public Guardianship Office (see left).

The Lord Chancellor, Lord Irvine, said the body would provide an improved modern and responsive service.

But Mr Ashton said he remained pessimistic, as the new office will only really prove to be a centre of expertise if adequate funding is provided, something sadly lacking in the past.Paula Rohan