*/
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.
Kirsty Brimelow KC, Chair of the Bar, sets our course for 2026
What meaningful steps can you take in 2026 to advance your legal career? asks Thomas Cowan of St Pauls Chambers
Marie Law, Director of Toxicology at AlphaBiolabs, explains why drugs may appear in test results, despite the donor denying use of them
Asks Louise Crush of Westgate Wealth Management
AlphaBiolabs has donated £500 to The Christie Charity through its Giving Back initiative, helping to support cancer care, treatment and research across Greater Manchester, Cheshire and further afield
Q and A with criminal barrister Nick Murphy, who moved to New Park Court Chambers on the North Eastern Circuit in search of a better work-life balance
The appointments of 96 new King’s Counsel (also known as silk) are announced today
With pupillage application season under way, Laura Wright reflects on her route to ‘tech barrister’ and offers advice for those aiming at a career at the Bar
Jury-less trial proposals threaten fairness, legitimacy and democracy without ending the backlog, writes Professor Cheryl Thomas KC (Hon), the UK’s leading expert on juries, judges and courts
Are you ready for the new way to do tax returns? David Southern KC explains the biggest change since HMRC launched self-assessment more than 30 years ago... and its impact on the Bar
Marking one year since a Bar disciplinary tribunal dismissed all charges against her, Dr Charlotte Proudman discusses the experience, her formative years and next steps. Interview by Anthony Inglese CB