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Unit 1 D3
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Muhammed AwaisD3- Evaluate Ways of Funding Advice and Representaton
In this assignment I will talk about the impacts of the cuts to civil legal aid and the increase of litigants
representing themselves in court. I will also talk about the invention of advice deserts.
Civil Legal Aid Eligibility –
There has been a reduction in the types of cases which are covered by the civil legal aid. The legal aid which is
available for people now is much less than what was available for people a long time ago. The changes came
into effect on 1st April 2013 and this plan was made so that the government could save £350 million a year. This
change had meant that some types of cases were no longer available for the public funds. The types of cases
which are no longer available are divorce, child contact, welfare benefits, employment, clinical negligence and
also housing law but sometimes is available when in limited circumstances. People had said that the changes to
the legal system would be damaging. After April all family law advice was removed, this meant that people can
no longer get funding for divorce or child contact and residence disputes. This meant that the victims of
domestic violence must have proof before they will be able to get the legal aid which they need. Due to the
changes people are being turned away from their lawyers as the government isn’t able to give free legal aid.
“Cathy Barton, a family lawyer from Somerset, says that is problematic. She recently turned away a woman
who said she had been raped by her partner, and who wanted legal advice regarding the breakdown of her
relationship….” Unfortunately for this case the women has to spend some money so that they are able to get the
evidence which they need. To get a doctors letter it would cost £50. The government said that they will and are
doing everything in their power to help those who have domestic violence issues, they help them by getting
them the right help and advice. For those people who cannot afford lawyers and need the help of the government
through legal aid may need to represent themselves in the court and they will become litigants. People
representing themselves would slow down the whole court system. Since the changes came into effect there has
been a rise in the amount of people which are representing themselves in court. The government said that all the
stuff which the critics and people are saying is nonsense, the effect isn’t as bad as some people may be thinking
and saying. It is becoming tougher and tougher for people to get the civil legal aid as the government is
pounding on the issue and they are taking it into account.
http://www.bbc.co.uk/news/uk-politics-22936684
Civil Legal Aid Cut Backs –
Due to the civil legal cuts there have been several issues which risen, firstly it is the amount of people which are
representing themselves in court. People are facing deportation as they don’t have the civil legal aid available
which they need. Also it is widely affecting women and children in various ways. Some people say that the
government is washing its hands on the legal aid problem which in other words suggest that the government is
ignoring the issue. This is because it has failed to provide legal aid for the poor suffering parents in their child
custody cases. Sir James Munby has said that if the government doesn’t pay for the cases in the court then it
should be at least the court who should be paying for their legal costs. In a case of where a child was taken away
from his parents due to their learning capabilities and the parents don’t qualify for legal aid but they don’t have
the required funds to go the court with a lawyer. Therefore they would have to go to the court without legal
representation. The problem for this family could escalate as they cannot represent themselves in court due to
the learning difficulties which they both have. The Labour shadow justice minister said in response to a leading
judge’s statement that “This is an extraordinary intervention from one of Britain’s leading judges. We have the
president of the family division highlighting eloquently just how bad things have become as David Cameron’s
cuts have led to chaos in the courts.” This shows that people are against the new act which was enhanced by the
conservative government which is putting the poor at risk in the UK. This is because if the poor don’t qualify
for legal aid then they must represent themselves in court and in most cases they may not be able to represent
themselves. The new legal system has been put down after a mother of four with disabilities who couldn’t hear
and had poor eyesight had to represent here self in court. The case was about the custody of her children. So
under the new reformed act they are unable to get civil legal aid for this as it was one of the ones which was
removed so that they can save some money. The number of parents going to court without legal representation
has risen to 48%. The ministry of justice figures were obtained by the law firm slater and Gordon and it shows
that under the Freedom of Information Act, it showed them that since the new law was bought forward parents
will need to legally represent themselves as they cannot get legal advice. “In the first nine months since the cuts
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