Pictured above: Partner and head of the Family team at
Midlands law firm Challinors, Fiona O'Sullivan
When the Law Society last week won its case against the Legal
Services Commission (LSC), in which the High Court declared the LSC
Family Legal Aid tender round as 'unlawful', it marked a victory
for the vulnerable who rely on the Legal Aid scheme, according to
family lawyer Fiona O'Sullivan.
"The Law Society brought the action after the recent tender
drastically reduced the number of firms able to do
publically-funded family law work from 2,400 to 1,300," explains
Fiona, a Partner and head of the Family team at Midlands law firm
Challinors. "The potential losers of the scaling back in Legal Aid
are in reality those the system has been designed to protect."
Speaking after the High Court decision, the Law Society's
President Linda Lee said: "The decision by the High Court
represents a victory for the thousands of families who would have
been left without access to legal advice when faced with the
consequences of a relationship breakdown. Legal Aid clients are
some of the most vulnerable in society and access to legal
representation is their only hope of achieving justice for
themselves and their family."
The High Court case followed the recent tender for Legal Aid
contracts that has caused widespread controversy amongst the legal
profession, with family lawyers and judges deeply concerned by the
ramifications of the proposed reduction in the number of legal aid
firms across the UK.
"The approach of the Legal Services Commission to the tender
process has been criticised by the Law Society as 'irrational' and
resulting in 'advice deserts' due to the scarcity of Legal Aid
services in regions such as Cornwall, Wales, Dorset, Lincolnshire
and Humberside," explains Fiona. "The Law Society commenced
Judicial Review proceedings of the LSC tender exercise, based on
the view the selection criteria has 'randomly admitted or excluded
firms' and has left many areas of the country with a 'grossly
inadequate supply', although the LSC maintained the tender exercise
was not about reducing expenditure but providing a better service
to clients in the future."
During the High Court hearing one example quoted was of Poole in
Dorset, which has a population of 140,000 people but which has been
left with only one law firm able to give advice under the Legal Aid
Scheme. The Law Society told the High Court that this was just one
of many advice deserts that they had identified.
Whilst the LSC stated its aim in launching the tender process
for Legal Aid was to improve quality rather than to save costs, the
High Court declared that the tender round was unlawful and severely
hindered access to justice for vulnerable children and their
parents.
"Let us hope the Law Society and the Legal Services Commission
will be able to work together to meet the stated aims of the Legal
Services Commission whilst preserving access to justice for the
most vulnerable," comments Fiona. "Whilst Challinors is one of the
successful firms to have its Legal Aid contract renewed, we share
these fears for the future of family Legal Aid services due to the
potential for distressed families to be denied access to legal
advice. The family lawyer members group Resolution has reported
that 86 percent of those who were unsuccessful will be appealing
the loss of their LSC contracts.
"It is disappointing LSC funds may be spent on reviewing the
process which threatens access to vital services for families in
need, rather than in providing crucial legal advice."
Challinors Family Law team received top tier, Band 1 ranking in
the latest, 2010, Legal 500 Directory and IS ranked in Band 2 of
the Chambers UK Directory. Challinors has offices in Birmingham,
West Bromwich, Wolverhampton, Halesowen and Nottingham. The firm
has 24 partners and over 100 fee earners.