Practitioner groups have condemned as ‘disastrous’ and ‘ill-considered’ proposals to change the way family lawyers are paid, claiming they will leave vulnerable families and children without adequate representation.

The Family Justice Council said plans to introduce a fixed-fee advocacy scheme for family legal aid cases from 2010, paying the same amount regardless of the work undertaken, would be disastrous for the family justice system.

Responding to a Legal Services Commission consultation, it said that the reforms would drive experienced practitioners out of the system and leave parents and children inadequately represented.

In its 73-page submission, the Family Law Bar Association said the proposed scheme would increase the length and cost of cases, the risk of miscarriages of justice and the number of appeals, and cause an inequality of arms between privately and publicly funded parties.

It warned that the changes could result in the government breaching its duty under the Access to Justice Act 1999 to provide advocacy services to the required standard.

Echoing the concerns, the Association of Lawyers for Children said: ‘No lawyer in their right mind would choose to take on these cases at the rates that the government wants to pay. And frankly no client should trust any lawyer who would.’

The Law Society described the proposals as ‘unacceptable’. It suggested an alternative structure under which hearings are remunerated according to the length of time listed.

The LSC said the responses would be considered alongside the views expressed by lawyers at 49 consultation events. It expects to publish the final fee scheme in August.