Confused messages are to blame for families' lack of legal aid support

Despite the number of grey areas on what legal aid clients are and are not entitled to as I discussed last month in Solicitors Journal, the following areas of family law do remain within the scope of legal aid:

'¢ Public family law regarding protection of children i.e. social services involvement;

'¢ Private family law, i.e. divorce, arrangements concerning children, where there is evidence of domestic violence;

'¢ Private law children, i.e. residence and contact cases where there is evidence of child abuse/risk;

'¢ Child abduction matters;

'¢ Legal advice in support of mediation;

'¢ Domestic violence injunctions;

'¢ Forced marriage protection orders.

In all other circumstances, evidence to show domestic abuse must be provided before legal aid can be granted, such as a letter or written communication from an authority. This however, is often difficult to obtain as the wording of any letter must meet the requirements of legal aid regulations.

Anyone seeking legal aid, other than in cases such as those involving social services or injunctions, must demonstrate that they have been a victim of domestic abuse in the preceding two years, or any child involved has been/is at risk or abuse, a requirement which remains a key barrier to legal aid.

The Legal Aid Agency's (LAA) requirements are strict and only certain documentary evidence is acceptable, otherwise people must either pay privately, which, for most is often out of the question, or represent themselves.

Nevertheless, a cost-effective way of resolving family issues is to consider alternative dispute resolution, such as mediation or collaborative law.

Separation and the arrangements that need to be made, whether in relation to children or the resolution of finances, can be exceptionally difficult. Couple relationship breakdown can significantly impact on physical and mental health and the added pressure of court proceedings does not help.

Discussing a situation face-to-face, in a neutral setting, with the assistance of an impartial person can lead to agreement and make any settlement easier to accept for both parties.

A recent poll conducted by ComRes for Resolution, formerly known as Solicitors Family Law Association, found that more than a third of British adults, 36 per cent, do not know what family mediation is. Liz Edwards, chair of Resolution said that this "lack of awareness" results in people less likely to see a family law professional who will talk them through all of their options.

Caroline Goorney, a family mediator with JL Family Mediation, Newcastle, says that many separating couples are unaware that legal aid is still readily available due to the "many confusing messages out there".

"After the first mediation session," she says, "eligible individuals can then access a solicitor for limited advice on the issues, or to assist in formalising any agreements reached. Where there are those not financially eligible for legal aid, they can obtain legal advice as the mediation progresses".

If in doubt of what clients are entitled to, remind yourself of the evidential requirements which can be found on www.justive.gov.uk, and were possible, use the template letters approved by the LAA.

Finally, don't let the public forget that legal aid is still very much available through mediation and ADR.