My take on Lord Neuberger’s warning of the brutal consequences of legal aid cuts

Lord Neuberger, the UK's most senior judge, recently warned that reforms introduced from April 1 - which will scrap legal aid for family matters including financial issues, residency and contact with children - could undermine the rule of law.

My take on Lord Neuberger’s warning of the brutal consequences of legal aid cuts

Lord Neuberger, the President of the Supreme Court, also forecast that this would lead to people taking the law into their own hands because they no longer have access to justice.

He told the BBC that the changes – designed to cut the legal aid bill by £350m a year by 2015 – could lead to higher court costs.

I agree wholeheartedly with Lord Neuberger’s concerns. The sad reality of these reforms is that hundreds of thousands of families will be left in a legal wilderness feeling stressed and traumatised because they won’t know which way to turn. – and who to turn to.

I fear that these cruel cuts which deprive the least wealthy and most vulnerable members of our society of free or subsidised advice or representation in key areas – will have disastrous consequences.

The repercussions include more children playing truant from school, a rise in instances of depression causing people to take time off work – and increasing the strain on the NHS budget. I also predict an increase in crime as children’s problems are left unresolved.

When I embarked upon my legal career, there was an ambition within government and the profession to enable everyone to have access to justice. The more vulnerable members of society were supported through legal aid; indeed it was a fundamental part of the legal structure.

Currently a substantial percentage of cases are resolved by the early and skilful intervention of legal expertise – usually a matrimonial lawyer – but cuts in legal aid will put this kind of expert advice out of the reach of many couples.

This change in legal aid provision is, in my view, false economy. I agree with Lord Neuberger that we will see a substantial and sustained increase in people representing themselves, putting a strain on the court system and the Judge’s time – both of which are under siege at the present.

Cases will be delayed as the layperson is likely to be poorly prepared as well as unused to the protocols of family courts.  Adjournments will cause frustration, which may well boil over and exacerbate an already tense and problematic family situation.

Badly prepared Petitions and individuals trying to ‘self help’ will painstakingly swing backwards and forwards to court with little progress being made. Judges will need to dig deeper into financial matters to avoid being unfair and cases will take longer where there are problems of disclosure. Both judges and the parties involved will become frustrated, increasingly intolerant and polarised in their views.

So why has the Government failed so abysmally to count the real financial, emotional and social cost of its legislation?

What are your views on the end of legal aid? Share them with us below or email us here. 

About Peter Jones

Peter Jones is one of the UK’s most sought-after divorce lawyers, founder of Jones Myers in 1992, first qualified arbitrator in Leeds and expert in mediation. Former national chair of Resolution, an organisation of over 6,000 lawyers which believes in a constructive, non-confrontational approach to family law matters. He has experience at the highest level in all aspects of financial disputes and is an expert on issues relating to small family businesses
  • Arctic Fox

    The legal aid system has been a massive scam making the likes of Cherie Boothe-Blair billionaires (I read that she claimed over £1M in legal aid fees from immigration work alone IN A SINGLE YEAR!) while stifling true justice by pricing everything out of reach of the everyday working class person. My son-in -law never paid a single penny towards the upkeep of his son and actually gave up his very lucrative business and arranged for his friend to run it so he could obtain legal aid for his divorce from our daughter. He lied and cheated and scammed his way through different law firms waiting until past deadlines before putting in a defence for all sorts which cost us £26,000 in fees. I blame the lawyers as much as him because even though he had been found guilty of fraud of his benefits (driving a Merc company car and going on works events to Spain while “unemployed”) the lawyers still kept putting in his legal aid claims!!!!! I’m so glad it’s stopped and more importantly – when will they stop it for immigration cases? people with enough money to get to the UK by nefarious ways have enough to defend themselves or return them imediately to their home country and make them handle an appeal back there rather than making the likes of Cherie Boothe-Blair a billionaire.

  • robinovic

    How about making legal costs cheaper? Every other walk of life has had to reposition the way it charges in light of economic realities. The only areas which seem immune to this are football, banking and the law. I earn roughly £15-20 per hour. How on earth can someone be expected to pay for legal services costing £150ph? The legal profession is, and has always been a racket. Legal aid only serves to make rich lawyers even richer by taking on cases with no hope of winning and launching spurious actions in the name of ‘human rights’. Tesco and other supermarkets now offer legal services and this has made some services at least a bit cheaper.
    When is someone going to have the guts to come along and undercut the cosy clique that is the legal profession.
    A significant number of our MPs in the last 50 years are or were lawyers, funny that isn’t it?