Family barristers are to lobby the government to halt proposed cuts in legal aid, which they say will force experienced practitioners out of publicly funded work.
At a meeting last weekend, attended by more than 300 family barristers in London, with 250 joining via videolink, members of the Family Law Bar Association (FLBA) passed a unanimous resolution demanding that the government fund legal aid work adequately.
The meeting followed the publication of a report, commissioned by the FLBA and the Bar Council, which describes the profession as ‘close to breaking point’.
A survey of 1,610 barristers showed that more than 80% would stop or cut the amount of legal aid work they do if the government’s proposed changes go through. The figure was highest among senior barristers: more than 40% of the objectors were over 16 years’ call.
The Ministry of Justice is consulting on changes to the way the Legal Services Commission pays family barristers. The ministry says the changes will cut the £2bn legal aid budget by £6.5m a year.
The majority of the cuts will fall in private law family cases, but Bar Council chairman Desmond Browne QC (pictured) said 45% of such cases involve allegations of serious abuse.
FLBA chairwoman Lucy Theis QC said the cuts would have a disproportionate effect on women barristers, who undertake the majority of legal aid work, and would affect black and minority ethnic women worst of all.
If implemented, she said, the proposals would reverse progress in increasing diversity at the bar and among the judiciary.
In a joint statement, the MoJ and Legal Services Commission said that, over the past five years, the number of cases had risen by 36%, but fees had increased by 134%. ‘This is clearly unsustainable and if we did not act we could be forced to reduce legal assistance to vulnerable children and families.’
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