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Our legal aid system is one of the proudest legacies of post-war Labour governments. At least that's what the lord chancellor, Charles Falconer, tells us in the foreword to his department's latest review of the issue. So why does the current administration seem so intent on chipping away at it?

Thursday 29 September 2005 00:00

Our legal aid system is one of the proudest legacies of post-war Labour governments. At least that's what the lord chancellor, Charles Falconer, tells us in the foreword to his department's latest review of the issue. So why does the current administration seem so intent on chipping away at it?

First to come under the budget strimmer were asylum seekers who face having their legal aid hours cut.
Now it seems the government has turned its attention to another vulnerable group - children in care proceedings.

Those in the legal system who advocate on these young people's behalf have raised serious concerns over plans to try and reduce the amount spent on legal representation. You might think "well yes they would, wouldn't they", if it means less cash for them.

But there is a real question mark over the benefits of a switch to a so-called "inquisitorial" system. This means the judge taking the lead on exactly which issues can be aired. But could that mean the voice of the child will be lost or at least not heard to the extent it should?

The latest review talks about "the current, over-represented approach within the courts" suggesting government has already made its mind up that cuts need to be made.

Early intervention that avoids families being dragged through the courts would be welcomed. But if the changes lead to a dilution in the legal expertise available to families that would be very wrong.

It is also not entirely clear why it is necessary to focus on cutting costs in the family justice system at all. The new report talks about the rising costs of child care proceedings. But it also states that while criminal legal aid spending has risen by some 37 per cent, legal advice and representation in civil and family matters (excluding asylum) is down by 24 per cent.

However, whatever the figures mean, the government appears hell-bent on pressing ahead at full speed when it should be treading very carefully. Given the sensitivity of the issue it is more important than ever to listen to the objections that have been raised and, above all, not to proceed with unseemly haste simply because of today's almost obsessional desire to drive down costs.

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