Child Care Proceedings: legal aid pilot to ensure parents advised before case reaches court

Family lawyers this week praised a government proposal to introduce legal aid funding so that parents can receive advice from solicitors at an earlier stage in disputes over whether children should be put into care.


A review of the child care proceedings system by the Department for Constitutional Affairs has recommended piloting a fixed-fee arrangement for lawyers, enabling them to advise parents before proceedings to take a child into care reach the courts. Lawyers may only currently receive funding for advice once court proceedings have commenced.


Christina Blacklaws, chairwoman of the Law Society's family law committee, said: 'What solicitors are well aware of is that by the time it gets to us, it is too late to do any of the preventative work which may mean the matter does not go to court... It is a great step forward to have solicitors acting for parents at an early stage, although I would also advocate [the same] for the children.'


She added: 'It would mean front loading [of legal costs], and more public funds will be going into what will be a new area of law. But hopefully it will save costs at the end of the day.'


Under the review, a document will be drafted in clear language by the local authority before proceedings are issued, setting out its concerns over the child's welfare. This document will form part of the local authority's application to have the child taken into care and may be used by parents as the basis on which to seek early legal advice.


The review also recommends that public funding should be restricted in care cases to solicitors who are accredited members of the Law Society's children panel.


Alistair MacDonald, joint chairman of the Association of Lawyers for Children, supported the recommendations, but said they 'must be backed up by a commitment to resource them properly'.


Law Society President Kevin Martin added: '[We are] in favour of the recommendation to pilot the provision of earlier legal advice for parents and carers, and believe that the voice of the child should also be heard at an early stage.'