Family Law Without Legal Representation

The Law Society is urging the next government to raise civil legal aid fees after teaming up with charity Support Through Court to help people navigating the family justice system alone.

Analysing data provided by the Ministry of Justice in written parliamentary questions for 2011, 2016 and 2023, the Society reported thousands of people had been compelled to deal with private family law cases involving divorce or separation on their own. For public family law cases, at least a quarter of parties were unrepresented in Medway and Canterbury, Portsmouth (Hampshire and Isle of Wight), North Wales, Devon and South East Wales.

Society president Nick Emmerson said: 'Our members tell us that they see litigants in person who represent themselves feeling overwhelmed with court process, court orders and procedure rules, which leads them to have difficulties.'

Support Through Court is seeing many cases eligible for legal aid but no legal provider able to take on the case. A high proportion of cases involve domestic abuse.  The service is also seeing a rising number of people with mental health problems.

National helpline manager Lizzy Parkes said: ‘It is challenging for clients to represent themselves in their own cases and this is putting them under extreme stress. Many of our clients also do not have access to technology or regular access to the internet. They are struggling to manage their entire case, prepare documents, submit paperwork and write up witness statements on their phones themselves.'

Liz Fisher-Frank, acting director of Essex Law Clinic and a member of the Society’s family law committee, said: ‘Where in the past a solicitor’s letter may have resolved issues or encouraged mediation, now clients seeking to resolve issues, where necessary, must navigate the process of making an application to the court on their own - which can be incredibly daunting and for some simply too much to deal with.'

Emmerson said the next government must increase legal aid fees, uprate the means test eligibility and publish better data on the family justice system.

 

Safeena Tufail

Published on 16/07/2024

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