We have seen huge cuts in public funding for many areas of law, particularly family; fees introduced for employment tribunal cases; and we await the impact of substantial changes and cuts to criminal legal aid. No one appears to have carried out a proper exercise and costing regarding the long-term effect of all these cuts on many members of society.

The cost savings have not yet been published, but they must be considerable. The impact is also substantial and will arguably be felt over a very long period of time. By way of example, there are many fathers who are unable to see their children because public funding is no longer available to them. There are substantial hurdles placed in their path to deal with any application in person, not least the court fee and length of the forms, with many courts now requiring fixed morning appointments for the issue of documents.

What is the long-term impact on fathers and children in those circumstances?

Many women are unable or unwilling to obtain protection from violent partners. Although public funding is still available in certain domestic violence cases, there are so many ‘hoops’ the applicant needs to go through that many of them are deterred from proceeding. What is the impact on children and mothers in those circumstances? An employee unfairly dismissed may not be able to bring their claim because of the fees introduced in bringing an action and the further fee to set it down for hearing.

What are the consequences for that employee and their family of deciding not to bring a claim? These are just some examples of many that we have seen of late. We have to ask ourselves what kind of legal system we want.

It is inconceivable that any new government would now want to spend more on public funding. But without some suggestions from professional bodies on how to rebalance the system – for example making wealthy litigants support the poorer end of the market – the scales of justice will be irrevocably unbalanced against the latter.

Ian Godfrey, Shepherd Harris & Co, Enfield

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