Under the auspices of austerity measures, we are heading for cuts to legal services which will prevent most citizens, apart from the wealthy, challenging those in authority; particularly the state.
Legal aid was never available for tribunals. It was removed for personal injury claims. Now it is to be removed for family law. Sacked impecunious employees will now have to pay fees to take their cases to a tribunal. Already denied legal aid for such a process, many will simply be unable to afford to assert their rights to claim unfair treatment.
Legal aid is effectively being denied to those in magistrates’ courts who have the audacity to seek their right to Crown court trial by their peers. Even those who are acquitted will only recover about a third of their costs.
Most victims of domestic violence will be prevented from seeking help from lawyers. There are many reasons why they would be reluctant to contact the police as the first port of call, particularly with the appalling record the police have of helping those who are the victims of long-term abuse.
Parents whose children are removed from the state may soon have little opportunity to challenge the local authority, as essential assessments they seek may be removed. Parents who are denied contact with their children by often obstructive former partners will be left unaided.
The coalition has no mandate for undermining the basic right of access to the courts. The might of the state, represented by government, police and public bodies, will go largely unchallenged. It is legal aid lawyers who have the best record of protecting the vulnerable against the abuse of power.
Ian Godfrey, Shepherd Harris, Enfield; member, Law Society Children Panel
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