Reforms which will significantly reduce the scope and provision of legal aid will come into effect from 1st April 2013.
The Legal Aid Sentencing and Punishment of Offenders Act 2012 (LAPSO) received Royal Assent and became Law on 1st May 2012, with the latest reforms severely limiting the availability of legal aid for family cases including divorce and children matters.
In real terms, the reforms mean legal aid will only be available in public family law matters i.e. care proceedings involving a local authority such as Social Services and cases relating to adoption. In cases involving private family law such as divorce, contact and residence and financial matters, legal aid will only available if there is evidence of domestic violence, child abuse or child abduction. In all other cases legal aid will no longer be available.
Evidence of domestic violence which would support a claim for legal aid funding will include: proof of ongoing- criminal proceedings or evidence that the abuser has been cautioned; recordings of a finding of fact by the court that domestic abuse has taken place; a medical report from medical practitioners who believe a patient has suffered domestic abuse.
One of the difficulties posed by the reform is the burden of proof, which will now be on the victim. Evidence can be expensive and medical reports usually cost in the region of £50, whilst police authorities have been known to charge in excess of £70 for documentation.
There is also a problem with the amount of time it can take to collate such evidence. This situation is made increasingly difficult as potential legal aid clients will not receive any funding for the advice they need to understand what evidence the authorities require.
Here at Howells Solicitors we are anxious to ensure justice is upheld, regardless of our clients’ circumstances. As such we have a developed a range of fixed fee divorce packages starting at just £35 plus VAT. Each pack includes comprehensive step-by-step guidance and forms to steer you through to the conclusion of your case. There are different packages which offer a varying degree of assistance, eliminating the uncertainty of solicitors’ hourly rates.
For further information about the packages we offer, please refer to the online divorce section of our website or call us free on 0808 178 2773.
by Tristan Lewis
