A scathing report from MPs on the state of the legal aid sector has prompted a fresh plea from the Family Mediation Council for rates to be unfrozen after 25 years.
In a report published last week, the House of Commons justice select committee warned that capacity was ‘significantly constrained’ across mediation and actions being taken by the Ministry of Justice, such as provider surveys, were not enough to tackle the problem.
The Family Mediation Council, which gave evidence to the committee’s inquiry, said MPs had recognised what family mediators have said for years – that legal aid rates must rise.
Research published by the council last year found that the number of mediators offering legal aid has halved since 2018, many mediators have had to turn away new cases and 55% have signalled they will quit doing legal aid work.
Stephen Burke, chair of the council, said: ‘Frozen rates mean that in some parts of the country providers have stopped offering legally aided mediation. The low rates mean they effectively lose money by taking on new cases. Others who maintain accreditation are limiting the number of legal aid clients they work with because of the financial implications.
‘Legal aid is becoming a right on paper rather than a service that families can actually access. There is little point qualifying for legal aid if you cannot find a mediator who is able to take your case.’
The council welcomed the committee’s recommendations. MPs have told the Ministry of Justice to confirm how it monitors whether it has sufficient legally aided mediation capacity to meet demand, produce an assessment of mediator numbers to deliver the service and outline how it will stop the steady drop in mediators offering legal aid.
The committee also recommended that where geographical areas have excess demand or lack of provision, the ministry should offer greater financial incentives to provide services either through higher remuneration rates or direct funding.
Burke said: ‘We trust the new secretary of state will take action to protect legally aided family mediation. The evidence is now overwhelming. The government has an opportunity to reverse years of decline and ensure that families who qualify for legal aid can actually access the mediation they are entitled to.’
While the government has repeatedly extended its family mediation voucher scheme, the Family Mediation Council has previously explained that the voucher scheme serves a different purpose to legal aid. Mediation vouchers assist with the funding of mediation sessions only. Families must pay for a MIAM – which costs around £120 per person - unless one of the parties is eligible for legal aid.
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