Legal aid cuts could see children removed from unrepresented parents: FLBA

The government’s proposed cuts to legal aid could lead to parents without legal representation having their children removed under an interim care order, family law barristers have warned.

Commenting ahead of Justice Secretary Ken Clarke’s appearance before the Justice Select Committee tomorrow (15 December), the Family Law Bar Association (FLBA) warned of what it said were potentially dangerous consequences of the planned cuts.

Stephen Cobb QC, FLBA chairman, highlighted ‘section 37’ cases and domestic violence cases as two particular areas of concern.

He said: “We recognise the stark challenge which the government faces in tackling the public debt. We are supportive of sensible, rational initiatives which can save money. However, family law touches on some of the most critical parts of people’s lives and representation should not be lightly removed without proper consideration of what the consequences might be.”

Cobb said: “In private law children cases, if a judge considers that serious child protection issues arise such that the threshold for a care or supervision order with respect to the child may be satisfied, the court may direct the appropriate authority to undertake an investigation of the child’s circumstances under section 37 of the Children Act 1989.

“Whilst this investigation takes place, an interim care order can be made. In effect, this means that parents could have their children removed, and because they would not be entitled to legal aid, they would go unrepresented.”

The FLBA chairman also said the association supported and encouraged all initiatives – legislative and otherwise – to protect the victims of domestic violence.

He argued that the government’s Green Paper proposals would mean an inequality of arms in cases involving domestic violence before the courts – where the alleged victim will be entitled to public funds, whereas the alleged perpetrator will not be so entitled. “There is a real risk of a surge in the number of allegations, and possibly cross-allegations, of domestic violence in order to be able to qualify for public funds,” Cobb said.

The FLBA represents family law barristers across England and Wales.