Weekender: Lawyer busts myth about legal aid not being available in family courts

Emma Carey

Liverpool lawyer Emma Carey says people on low incomes are missing out on vital legal help in family courts due to “myths” around availability of legal aid.

Carey, head of family and soon-to-be managing partner at MSB Solicitors, cited a national press report which stated legal aid was not available for people in divorce cases.

In fact, legal aid remains available for people seeking a divorce – and can be obtained in other family law proceedings, such as financial proceedings and disputes regarding children – if there are issues of domestic violence.

Carey said: “These kind of reports are irresponsible and they may deter those in genuine need from accessing the legal assistance they need.

“Coming out of an abusive relationship can be painful and exhausting process in itself – and in all-too-many cases, an intimidating prospect. People in that situation need to be aware that they are not alone and there is help out there for them.”

Carey points out that the number of domestic abuse victims able to access free legal advice is set to increase after the Government relented on excessively strict evidence rules introduced in 2013.

The hurdles – including arbitrary time limits imposed on evidence of domestic abuse – were introduced by the Government as part of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).

The types of evidence that can be accepted for victims to access legal aid have now been broadened to include statements from domestic violence support organisations and housing support officers. It should also be noted the legal aid remains available to all parents in cases in which social services become involved, regardless of means.

She added: “Women’s Aid and lawyers committed to access to justice have campaigned tirelessly to promote that fact since wholesale changes to Legal Aid were brought in by LAPSO.

“My colleague in our crime department, Sean Sexton, has recently pointed out the awful consequences of cutbacks to Legal Aid in criminal cases and it is important we keep highlighting that.

“However, where there is access to affordable justice we in the legal profession have a responsibility to put the correct information out there.”

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