Even before legal aid reforms came into force last October, many familylawyers were leaving publicly funded work behind. Dedicated lawyerstaking on work for vulnerable children and families were being forced toshut their doors to cases, unable to get sufficient funding.
To find out the scale of the problem the Association of Lawyers forChildren (ALC) carried out a snapshot survey at its annual conferencejust over a month after the reforms - which now see lawyers paid a fixedfee per case rather than by the hour - were introduced (see box).
Caroline Little, joint chair of the ALC, says: "We were quite shocked bythe outcome. We knew there was movement but we were surprised by theextent and that so many experienced people are leaving."
National shortage
Through the survey, the ALC has been able to build up a national pictureof the exodus from the sector.
Members suggested there had been a 10 per cent reduction in provision inBirmingham over the last 12 months and the trend is expected tocontinue. In Suffolk it is reported that a large firm has ceased legalaid and there is a shortage of solicitors for parents in the area. InPeterborough and Cambridge half of all firms have stopped legal aidwork, while in Hampshire and Kent there are significant shortages oflegal aid lawyers.
Little says: "I understand Kent is particularly badly hit, as well asthe Reading area, Cumbria and London. It's not just rural areas - it'sall over the place."
For lawyers working in these areas, the shortage is only too clear. AlanCollins, director at Dyer Burdett & Co in Havant, near Portsmouth says:"In Hampshire we're described as a legal aid desert."
Mike Tait, partner at Powell Spencer & Partners in Kilburn, adds: "Iwork around the whole of central London and there are firms which aregiving up and no one is recruiting. It's clear that people are leavingbecause the rate of pay is falling and it is increasingly uncertain ifit's possible to make a living from doing this sort of work."
Julia Thomas, senior solicitor and joint practice manager at theChildren's Legal Centre, says pay for this work was already bad beforethe new regulations. "The rates of pay for publicly funded work have notbeen adequate for many years," she says. "Firms are expected to do themajority of cases for a fixed fee which is set at a very low level. Oncethe work exceeds that fee the firm must decide whether to continue.Continuing to do this work is a gamble most high street firms cannotafford."
The ALC's survey found 62 per cent of its respondents leftpublicly-funded work because of the legal aid changes. Many of thoseleaving are long-serving lawyers whose experience is invaluable.
"There's a large number of experienced people who feel that they canmake a real contribution but regrettably have to give up because of thefinancial constraints," says Tait.
Little adds: "You can't replicate the experience that's lost when youhaven't got new people coming in. The Legal Services Commission (LSC)doesn't recognise the dedication and care that's needed in working withvulnerable children."
Long-term impact
With the introduction of the Public Law Outline (PLO) in April, whichseeks to speed up care proceedings, many lawyers think the future looksbleak.
"The PLO assumes everyone is going to be on the ball and extremelycompetent. What's going to happen is there won't be enough lawyersaround. If there are, there won't be as many experienced ones, andthat's going to be detrimental in making the PLO effective," says Tait."It means there will be parents who are unable to find solicitors, orcan only find ones who are a long distance away or incompetent. As aresult parents won't get fair representation and that's bad for them andbad for the children."
Collins agrees: "The die has been cast. I think the profession isdisillusioned by the LSC and the way work is funded. The only way firmsare managing at the moment is by getting the most junior qualifiedpeople to do the work. That's not necessarily in people's bestinterests."
According to Little, the LSC is driving through the changes knowing thatit will impact on the PLO. "They are taking a breathtaking risk withchildren's lives because the fallout for this is going to be straightdown the line," she says. "Once they have lost the practitioners theyare not going to get them back again."
And it's the long-term impact that many lawyers are worried about. "Ithink it's a disaster," says Tait. "I think the powers that be willrealise they have allowed a good system to cease and set about trying tore-invent it - and it will be too late."
"The writing's on the wall," adds Collins. "We have legal aid desertsalready. People are being deprived of access and it's storing upproblems for the future."
THE ASSOCIATION OF LAWYERS FOR CHILDREN SURVEY
- One third of individuals were reducing publicly funded work
- 40 per cent of firms had reduced, or planned to reduce, publiclyfunded work
- Of those who had left or were leaving, more than half had more than 15years experience
- 62 per cent cited changes to legal aid as their reason for leaving.
