It is fair to say that since the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) came into effect in April 2013, the family court system has never been the same. The limited circumstances in which a person can apply for legal aid has significantly affected the whole family law process.

The Family Courts were never designed to be an ‘easy ride’ for parents. Especially in such emotionally charged circumstances. There has been some attempt to make the process more ‘user friendly’ but the reality is that many aspects of the system remain difficult for non-lawyers to access. The frequent use of legal jargon and references to the Family Procedure Rules makes things extremely difficult to understand for those who are unrepresented. A person who is not represented is referred to as a ‘Litigant in Person’.

What impact does being a Litigant in Person have on family cases?

  • Sometimes, court processes have to be lengthened to take into account the fact that one party isn’t represented. Judges have to be careful, especially if there is any suggestion that a Litigant in Person does not understand what is required of them. This could mean that a hearing lasts longer or that the court adjourns (postpones) a case to allow for extra time or a ‘second chance’ if someone didn’t understand what they had to do.
  • Issues may stay unresolved. Although one party may want to try and discuss matters and compromise to try and secure a final order for the children, there is very little that can be done to prevent your ex-partner referring the matter back to court in the future. Without them taking proper legal advice, you may find that further court proceedings are started for trivial and unnecessary reasons. In some cases, having the involvement of a mediator or a solicitor may have resolved matters out of court.
  • Missing the key issues. A judge cannot give legal advice. A judge will make orders based on the information and evidence before them. There may be a particular legal argument that would support your case. Or a piece of expert evidence which could have been obtained which would have added weight to your case. But unless you have the benefit of someone who is experienced; your case could be managed in an ineffectual way.
  • An imbalance. If only one party is represented, their legal costs can potentially increase. A solicitor who acts for one party cannot advise the other unrepresented person. But sometimes they have to prompt the Litigant in Person to take the necessary steps. i.e. to file paperwork by a particular date.
  • Misunderstanding a court order leading to an accidental breach. If no one is there to explain the complex wording of a court order to you, key deadlines might be missed. This may negatively affect the way in which the court deals with your case.

A gaping hole in the legal system...

It is widely recognised that there is a gaping hole in the legal system in terms of public funding (legal aid). Those who could previously obtain legal aid to pay for advice regarding their divorce or disputes regarding child arrangements, are no longer likely to meet the qualifying criteria. If they cannot afford legal advice, a person can be left feeling that they do not know where to turn.

It is important to remember that there are still very limited circumstances in which you can qualify for legal aid, such as where domestic violence has been a factor in the relationship. If you think that you might qualify for legal aid, check your eligibility. Alternatively, there are a number charities who aim to assist those who do not qualify, such as Citizens Advice (www.citizensadvice.org.uk)

If you would like to chat in more detail about matters relating to Family Law, please contact me at our Burton Office on 01283 214231 or via email at  d.khunkhuna@timms-law.com.