Call us: Mon - Fri 8:30am - 7pm, Sat - Sun 9am - 5pm
Call local rate 0330 056 3171
Mon - Fri 8:30am - 7pm | Sat - Sun 9am - 5pm
Call local rate 0330 056 3171
Mon - Fri 8:30am - 7pm | Sat - Sun 9am - 5pm

High Court to hold legal aid review

Recent Posts

Related Posts

Family Court Fees to Rise

March 28, 2024

This week, the High Court will begin a judicial review which could affect government cuts to legal aid.

The Exceptional Case Funding scheme created by the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) is being challenged by a vulnerable individual only identified as ‘IS’.

When LASPO cut almost all access to legal aid in family cases, the Exceptional Case Funding (ECF) scheme was also introduced so that some people would still be able to apply for help. LASPO defined an “exceptional case” as any in which a lack of legal representation might constitute a breach of a person’s human rights.

Lawyers from the legal charity Public Law Project will represent IS. They will argue that the ECF scheme is unlawful as it actually does more to prevent access to legal aid for those who need it the most than it does to help.

Prior to the review, Public Law Project has announced that it would produce “compelling evidence … that the application process is long drawn out, complex and time consuming”. They claim that as solicitors are only paid for successful applications, many are unwilling to even attempt them.

Last year, IS and others successfully challenged the Lord Chancellor’s guidance on the ECF scheme. In that case, the High Court ruled that denying IS exceptional case funding for legal aid using the guidance was unlawful.

This will not be the first legal challenge to aspects of LASPO. Earlier this year, the High Court rejected calls by women’s charities to change the requirements necessary to qualify for legal aid after experiencing domestic violence.

The blog team at Stowe is a group of writers based across our family law offices who share their advice on the wellbeing and emotional aspects of divorce or separation from personal experience. As well as pieces from our family law solicitors, guest contributors also regularly contribute to share their knowledge.

Contact us

As the UK's largest family law firm we understand that every case is personal.

Comment(1)

  1. agrieconomics says:

    a complicated world we live in

Leave a comment

Help & advice categories

Subscribe
?
Get
more
advice
Close

Newsletter Sign Up

Sign up for advice on divorce and relationships from our lawyers, divorce coaches and relationship experts.

What type of information are you looking for?


Privacy Policy
Close
Close