Asked by: Robert Neill (Conservative - Bromley and Chislehurst)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the potential merits of improving early legal advice for divorcing couples to help reduce pressure on family courts.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
We spent £1.7bn in 2019 on Legal Aid to ensure vulnerable people have access to proportionate legal advice and support and that we minimise the burden on courts and tribunals.
Legal aid is available for private family matters where an applicant is a victim of, or at risk of being a victim of domestic abuse or child abuse, subject to the means and merits criteria. The Exceptional Case Funding scheme provides legal aid in cases which fall out of scope. It provides legal aid where without it there would be a breach, or risk of a breach of, human rights, subject to the statutory means and merits test.
But legal aid is only one part of a broader picture. As set out in our Legal Support Action plan, there are other forms of support that can help people overcome their problems, such as legal information, guidance and signposting so that everyone can access justice in a way that best meets their needs.
In April we also launched the new, two-year, £3.1m Legal Support for Litigants in Person Grant, which is designed to fund services provided at local, regional and national levels with the aim of understanding more about how they can combine to help people. This new grant funding is in addition to the more than £9m that the MoJ has invested in support for litigants in person since 2015 through our existing Litigants in Person Support Strategy.
Her Majesty’s Courts and Tribunals Service has established 17 Nightingale courts across England and Wales, providing 32 additional court rooms, and are recruiting more staff.
Judicial sitting days in the family court have been increased and approximately £3.5m additional funding has helped Cafcass increase staffing levels to respond to record levels of open cases.
Asked by: Robert Neill (Conservative - Bromley and Chislehurst)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will reintroduce legal aid for refugee family reunion cases.
Answered by Rory Stewart
We have committed to lay legislation to bring non-asylum immigration matters into the scope of legal aid for separated migrant children.
Legal aid for family reunion may be available under the Exceptional Case Funding (ECF) scheme, where there is a breach or risk of breach of ECHR rights, and subject to means and merits tests. We recently committed to work with the Legal Aid Agency, legal practitioners and others to review and simplify the ECF application process and ensure that funding is provided in as timely a manner as possible.
Asked by: Robert Neill (Conservative - Bromley and Chislehurst)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment his Department made in the Post-Implementation Review of Part 1 of LASPO of the potential merits of making legal aid available for refugee family reunion applications including for applications to bring adult dependent children to the UK.
Answered by Rory Stewart
We have committed to lay legislation to bring non-asylum immigration matters into the scope of legal aid for separated migrant children.
Legal aid for family reunion may be available under the Exceptional Case Funding (ECF) scheme, where there is a breach or risk of breach of ECHR rights, and subject to means and merits tests. We recently committed to work with the Legal Aid Agency, legal practitioners and others to review and simplify the ECF application process and ensure that funding is provided in as timely a manner as possible.