Law firms acting for parents in care proceedings are exploiting the fixed-fee system by using unqualified staff – in one case a receptionist and another a secretary – to do legal work, prominent family lawyers warned this week.
Solicitors acting for children warned that the court process is being hampered because of the poor quality of representation being offered by some firms acting for parents.
While only highly qualified members of the Children Panel may act for children in care proceedings, the same restrictions do not apply to those representing parents.
Family solicitors claim that since fixed fees were introduced in 2007, firms which are not experienced in child care cases – including crime firms – have begun acting for parents. The fixed fee for the office work involved in acting for a parent is £3,589, or £4,486 if acting for two parents. A solicitor acting for the child receives £2,761.
Caroline Little, co-chair of the Association of Lawyers for Children (ALC), said: ‘The quality of representation of family members is significantly lower than it was 18 months ago. Lawyers are not conducting these cases… I know of a secretary doing one case, and a receptionist doing another. Paralegals are also being used.’
Little described instances where parents’ representatives did not present any evidence to the court, made spurious arguments or did not respond at all to correspondence. However, she stressed: ‘This is not across the board. It is a proportion of parents’ representatives. It is a significant concern that ALC members have, and it is increasing.’
She added: ‘Good solicitors are losing work, while poor solicitors are making money for nothing.’
Christina Blacklaws, Law Society council member for child law, said some criminal law practices had begun to act for parents in child care proceedings. ‘They are using people who are not only not experienced in family law, but not experienced at all,’ she said.
A Legal Services Commission spokesman said there was no evidence that fixed fees had reduced quality.
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