Figures collected by the Law Society found 30% unrepresented in Medway and Canterbury, 28% unrepresented in Portsmouth (Hampshire and Isle of Wight), 27% unrepresented in North Wales, 26.5% unrepresented in Devon, and 25% unrepresented in South East Wales.
Lizzy Parkes, national helpline manager at Support Through Court, said: ‘The experience of representing oneself in court is overwhelming.
‘Many of the family cases we are seeing at our service are eligible for legal aid but cannot find a legal aid provider with the capacity to take on new cases. At the same time, the majority, if not all, of the cases involve domestic abuse. These cases are emotionally distressing and this is further exacerbated when those involved are forced to represent themselves.
‘There’s a huge increase in mental health problems in the clients approaching our service and mentions of suicidal ideation. Many of our clients also do not have access to technology or regular access to the internet.
‘They are struggling to manage their entire case, prepare documents, submit paperwork and write up witness statements on their phones themselves.’
Liz Fisher-Frank, acting director at Essex Law Clinic, said: ‘Where in the past a solicitor’s letter may have resolved issues or encouraged mediation, now clients seeking to resolve issues, where necessary, must navigate the process of making an application to the court on their own—which can be incredibly daunting and for some simply too much to deal with.’
The Law Society has called on the next government to increase civil legal aid to make the work financially viable, uprate the civil legal aid means test eligibility to widen the pool of people eligible for legal aid, and collect and publish better data on the family justice system.
Law Society president, Nick Emmerson, said: ‘Our members tell us that they see litigants in person (LiPs) who represent themselves feeling overwhelmed with court process, court orders and procedure rules, which leads them to have difficulties.
‘The family courts are in a dire state and the system is plagued with delays. Some strides have been made to improve the family justice system such as an early legal advice pilot and a pledge to introduce a new online information and guidance tool to support earlier resolution of family disputes.
‘There has also been a small improvement in 2024 of the number of cases with representation in private family law. However, much more is needed to make our family law justice system fit for purpose.’
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