A Liverpool firm is witnessing daily examples of cases that would have reached a different outcome if legal aid had been available, including a recent tragedy involving a mother and her son.
Writing in NLJ online, John McKenna, senior partner at Liverpool firm, Paul Crowley & Co, said: “Every day we're witnessing cases which may have had a different outcome or, indeed, taken a different path if legal aid had been available.” His firm covers family law, criminal, personal injury and litigation.
In one tragic case, the court made residence orders in favour of the father and grandmother of two children whose parents both made allegations of abuse in a private law dispute. The mother was to have contact. All parties were in receipt of legal aid.
However, the arrangement broke down and the family appeared in court again—this time without legal representation. Following the judgment, the mother took her own and her young son’s life.
McKenna writes: “Not having adequate representation undoubtedly meant that neither [party] was able to present their case appropriately to the court, or have professional advice as to the effect of court orders and the necessity to comply with orders; such advice and assistance may have allayed the fears of both sides and prevented the ensuing tragedy.”
McKenna, whose firm is based in an area where most people are unemployed or in minimum wage jobs, says he understands the need to “rein in” public spending and is “not wholly against the reforms”.
“Like many others in the legal profession we're simply asking for the current cuts to be re-evaluated,” he says.
“The system will leave those in need of representation or advice when it comes to challenging welfare problems, tackling family disputes or settling care proceedings with nowhere to turn to.”
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