Judge highlights legal aid disparity between parents and grandparents facing allegations in care proceedings

A family judge has commended a barrister for acting pro bono for a grandparent facing allegations in care proceedings, but suggested that it would not have been necessary if legal aid had been available in the same way as it is for a parent.

In G (Non-Accidental Head Injuries), Re [2024] EWFC 172 (published on Bailii this week), the local authority alleged that the mother, the father or the maternal grandmother (MGM) – or possibly a combination of them – caused head injuries to a 19-month-old child. These allegations were denied by all three.

Recorder Samuels KC, sitting as a Deputy High Court judge, said that “having read the written material, heard oral evidence and extensive submissions from experienced counsel”, his conclusion was that the local authority had failed to prove its case against the parents and the maternal grandmother. “I am not persuaded, on the balance of probabilities, that G sustained non-accidental injuries.”

In a postscript, the judge said: “The MGM was represented before me pro bono by Ms Crampton. This instruction was arranged through Advocate. This is a charity set up through the Bar Council to assist members of the public who need free legal help. It is wholly dependent on barristers agreeing to give up their professional time for free and is dependent on charitable donations to meet its running costs. Inevitably demand outstrips supply.

“In this case Ms Crampton gave up 11 days of her professional time (and additional time no doubt for preparation) to represent the MGM. I commend her for doing so. I am told that others have acted in a similarly generous way in other long cases.

“However, this would not be necessary if legal aid was available for a grandparent facing allegations in public law proceedings in the same way as it is for a parent. I understand that means testing meant that the MGM was not eligible for legal aid funding and would have had to sell her home to afford to pay for representation. Many grandparents (and other carers alleged to have injured children) find themselves appearing before the court in complex cases of this nature unrepresented. The consequences of findings being made against them can be life changing.”