*/
The President of the Family Division has again described as “unprincipled and unconscionable” the complexity and delays involved in obtaining legal aid for parents who lack capacity.
In this already widely reported case, the local authority sought to place a young child for adoption.
Neither parent could get legal representation although the mother had borderline learning difficulties and the father had an IQ of 50 and would apparently need an intermediary even to give instructions.
The matter has come back as In re D (a Child) 2 [2015] EWFC 2. Both parents have now secured legal aid funding up to the final hearing, subject to monthly contributions, but the case underlines the difficulties in securing public funding for legal representation.
Sir James Munby said it was “no thanks to the system” that the parents were able to avail themselves of that assistance, but due to the “goodwill... of the legal profession... far above and far beyond the call of duty”.
“For any parent who lacks capacity the application process itself functions as a barrier to access to public funding which, in the context of a placement application, involves a potential breach of Art 6,” he said.
The parents could be “forgiven for thinking that they are trapped in a system which is neither compassionate nor even humane”. Noting that the primary focus of the hearings to date had been legal aid rather than the welfare of D, Sir James added: “Is this really the best we can do?”
Neither parent could get legal representation although the mother had borderline learning difficulties and the father had an IQ of 50 and would apparently need an intermediary even to give instructions.
The matter has come back as In re D (a Child) 2 [2015] EWFC 2. Both parents have now secured legal aid funding up to the final hearing, subject to monthly contributions, but the case underlines the difficulties in securing public funding for legal representation.
Sir James Munby said it was “no thanks to the system” that the parents were able to avail themselves of that assistance, but due to the “goodwill... of the legal profession... far above and far beyond the call of duty”.
“For any parent who lacks capacity the application process itself functions as a barrier to access to public funding which, in the context of a placement application, involves a potential breach of Art 6,” he said.
The parents could be “forgiven for thinking that they are trapped in a system which is neither compassionate nor even humane”. Noting that the primary focus of the hearings to date had been legal aid rather than the welfare of D, Sir James added: “Is this really the best we can do?”
The President of the Family Division has again described as “unprincipled and unconscionable” the complexity and delays involved in obtaining legal aid for parents who lack capacity.
In this already widely reported case, the local authority sought to place a young child for adoption.
Now is the time to tackle inappropriate behaviour at the Bar as well as extend our reach and collaboration with organisations and individuals at home and abroad
A comparison – Dan Monaghan, Head of DWF Chambers, invites two viewpoints
And if not, why not? asks Louise Crush of Westgate Wealth Management
Marie Law, Head of Toxicology at AlphaBiolabs, discusses the many benefits of oral fluid drug testing for child welfare and protection matters
To mark International Women’s Day, Louise Crush of Westgate Wealth Management looks at how financial planning can help bridge the gap
Casey Randall of AlphaBiolabs answers some of the most common questions regarding relationship DNA testing for court
Maria Scotland and Niamh Wilkie report from the Bar Council’s 2024 visit to the United Arab Emirates exploring practice development opportunities for the England and Wales family Bar
Marking Neurodiversity Week 2025, an anonymous barrister shares the revelations and emotions from a mid-career diagnosis with a view to encouraging others to find out more
David Wurtzel analyses the outcome of the 2024 silk competition and how it compares with previous years, revealing some striking trends and home truths for the profession
Save for some high-flyers and those who can become commercial arbitrators, it is generally a question of all or nothing but that does not mean moving from hero to zero, says Andrew Hillier