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| Senior judge warns over 'shaming' impact of legal aid cuts | Senior judge warns over 'shaming' impact of legal aid cuts |
| (4 months later) | |
| Mr Justice Bodey’s comments highlight judiciary’s dismay about MoJ’s slow progress reviewing effects of Legal Aid Act | |
| Owen Bowcott | |
| Fri 13 Oct 2017 16.06 BST | |
| Last modified on Fri 13 Oct 2017 19.34 BST | |
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| One of the most senior family court judges has warned about the impact of legal aid cuts and said it was “shaming” to preside over cases in which individuals are forced to represent themselves. | One of the most senior family court judges has warned about the impact of legal aid cuts and said it was “shaming” to preside over cases in which individuals are forced to represent themselves. |
| Speaking at a ceremony to mark his retirement, Mr Justice Bodey explained how he sometimes had to help litigants in person by cross-examining witnesses on their behalf. | Speaking at a ceremony to mark his retirement, Mr Justice Bodey explained how he sometimes had to help litigants in person by cross-examining witnesses on their behalf. |
| His comments highlight dismay among the judiciary about the Ministry of Justice’s slow progress towards reviewing the effect of the 2012 Legal Aid, Sentencing and Punishment of Offenders (Laspo) Act. | His comments highlight dismay among the judiciary about the Ministry of Justice’s slow progress towards reviewing the effect of the 2012 Legal Aid, Sentencing and Punishment of Offenders (Laspo) Act. |
| The legislation removed more than £350m from the legal aid budget and ended the right to legal representation in large areas of the law on divorce, child custody, clinical negligence, welfare, employment, immigration, housing, debt, benefit and education. | The legislation removed more than £350m from the legal aid budget and ended the right to legal representation in large areas of the law on divorce, child custody, clinical negligence, welfare, employment, immigration, housing, debt, benefit and education. |
| Last year, Amnesty International said the cuts were far worse than anticipated and had created a “two-tier” system that denied the poorest people access to justice. | Last year, Amnesty International said the cuts were far worse than anticipated and had created a “two-tier” system that denied the poorest people access to justice. |
| The family courts have been the worst-affected part of the justice system. More than a third of family cases involve litigants who are unrepresented on both sides. | The family courts have been the worst-affected part of the justice system. More than a third of family cases involve litigants who are unrepresented on both sides. |
| Last week, the new president of the supreme court, Lady Justice Hale, described Laspo cuts as probably “a false economy”. She said early legal advice would help resolve many legal problems. | Last week, the new president of the supreme court, Lady Justice Hale, described Laspo cuts as probably “a false economy”. She said early legal advice would help resolve many legal problems. |
| A Labour-party-backed review led by Lord Bach published last month called for an additional £400m a year to be spent restoring access to a more generous system of legal aid. | A Labour-party-backed review led by Lord Bach published last month called for an additional £400m a year to be spent restoring access to a more generous system of legal aid. |
| “When the government first introduced Laspo it estimated it would save £450m a year in today’s prices,” Bach’s report said. Last year, legal aid spending was £950m less than in 2010. | “When the government first introduced Laspo it estimated it would save £450m a year in today’s prices,” Bach’s report said. Last year, legal aid spending was £950m less than in 2010. |
| At a conference organised by the law reform and human rights organisation Justice on Thursday, Lady Justice Hallett, one of the most senior court of appeal judges, said cuts to legal aid had created a “huge burden” on judges, lawyers and litigants themselves. She did not welcome having to “descend into the arena” of the dispute, she added, because there was a temptation to become a litigant’s advocate. | At a conference organised by the law reform and human rights organisation Justice on Thursday, Lady Justice Hallett, one of the most senior court of appeal judges, said cuts to legal aid had created a “huge burden” on judges, lawyers and litigants themselves. She did not welcome having to “descend into the arena” of the dispute, she added, because there was a temptation to become a litigant’s advocate. |
| Bodey, who has been based in the family division of the high court in London for 18 years, said more people had been forced to represent themselves at hearings he had overseen in recent years, and they did not have the required knowledge or skills. | Bodey, who has been based in the family division of the high court in London for 18 years, said more people had been forced to represent themselves at hearings he had overseen in recent years, and they did not have the required knowledge or skills. |
| The judge said he had felt “first hand” their frustration and he had sometimes had to act as their counsel and ask questions on their behalf. | The judge said he had felt “first hand” their frustration and he had sometimes had to act as their counsel and ask questions on their behalf. |
| He told his audience, which included Sir James Munby, the most senior family court judge in England and Wales: “I find it shaming that in this country, with its fine record of justice and fairness, that I should be presiding over such cases.” | He told his audience, which included Sir James Munby, the most senior family court judge in England and Wales: “I find it shaming that in this country, with its fine record of justice and fairness, that I should be presiding over such cases.” |
| The government’s own statistics show spending on legal aid has fallen sharply from £2.6bn in 2005-06 to £1.5bn last year. The steepest decline came after 2013 when Laspo came into effect. | The government’s own statistics show spending on legal aid has fallen sharply from £2.6bn in 2005-06 to £1.5bn last year. The steepest decline came after 2013 when Laspo came into effect. |
| The Ministry of Justice is due to review the impact of Laspo but is not expected to report until next spring. There has also been widespread criticism of the cuts by the National Audit Office, other senior judges, parliamentary select committees and campaign groups. | The Ministry of Justice is due to review the impact of Laspo but is not expected to report until next spring. There has also been widespread criticism of the cuts by the National Audit Office, other senior judges, parliamentary select committees and campaign groups. |
| A Ministry of Justice spokesperson said: “Maintaining access to justice remains vital and continues to be at the heart of our reforms. | A Ministry of Justice spokesperson said: “Maintaining access to justice remains vital and continues to be at the heart of our reforms. |
| “We are focussing legal aid resources on those who most need help, which is why we are making wider changes which will make it easier for domestic violence victims to qualify for the financial support they need to pay for legal representation. We will announce details of the planned review of legal aid reforms in due course.” | “We are focussing legal aid resources on those who most need help, which is why we are making wider changes which will make it easier for domestic violence victims to qualify for the financial support they need to pay for legal representation. We will announce details of the planned review of legal aid reforms in due course.” |
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