Legal Aid: Social Welfare and Family Law

Debate between Lord Burnett of Maldon and Lord Ponsonby of Shulbrede

Monday 18th November 2024 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

I will undertake to look at that. I am not aware of it in detail; I know that various pilots have been undertaken. I will write to the noble Lord.

[Lord Burnett of Maldon (CB)]

The noble and learned Baroness, Lady Butler-Sloss, and the noble Lord, Lord Bach, have referred to the cost that falls on the courts as a result of the removal of legal aid for parents in dispute over their children. That is robbing Peter to pay Paul. I wonder whether the Government could take account also of the wider costs of the removal of legal aid in family cases which flow because parents at war are not as economically effective as they would otherwise be. People at war become ill, and there is untold damage done to the children as they are caught up in protracted disputes that need not happen. When the Minister is undertaking the review he referred to, would he take those matters into account?

[Lord Ponsonby of Shulbrede (Lab)]

I think the noble and learned Lord has hit the nail on the head. Private family law hearings are a destructive process. It is not unusual for situations to get worse for the people engaging in them, in my experience. Having the legal representation helps the court, and it is something I hope we can work towards over time. However, there are other initiatives, such as the pathfinder project, such as early legal advice, such as mediation vouchers, which we would like to use to divert couples away from the court system where it is appropriate and there is not risk to the children.