Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Practical aspects to assessing competence in children
Rebecca Stevens, Partner, Royds Withy KingThis is an article regarding the practical aspects to assessing competence in children. The article explores a range of practicalities, such as meeting a...
Scrumping the crop of recent pension decisions
Rhys Taylor, 36 Family and 30 Park PlaceJonathan Galbraith, Mathieson Consulting2020 has thus far proved to be a memorable year for all the wrong reasons, but nonetheless it remains an interesting one...
Conduct in financial remedies – when is it now a relevant consideration?
Rachel Gillman, 1 GC/Family LawThis article provides an overview of all aspects of financial misconduct following the recent decision of Mostyn J in OG v AG [2020] EWFC 52, wherein all aspects of...
The treatment of RSUs/Stock Options in light of XW v XH
Peter Mitchell QC, 29 Bedford RowStock Options and Restricted Stock Units (RSUs) are frequently encountered by the Family Court when dividing property on divorce or dissolution of a Civil Partnership....
Hundreds of thousands of companies worldwide fall victims to hackers every year. Is your firm one of them?
SPONSORED CONTENT Image source: Information is beautifulYou and other lawyers and legal assistants in your firm likely have accounts on the hacked websites listed in the image above. If a hacker...
View all articles
Authors

When exceptional is the rule: mental health, family problems and the reform of legal aid in England and Wales [2012] CFLQ 320

Sep 29, 2018, 18:27 PM
Slug : JoMiles2012CFLQ320
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Sep 21, 2012, 04:23 AM
Article ID : 100363

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 will from April 2013 remove legal aid from many areas of private family law, with many vulnerable individuals expected to represent themselves. However, funding will be available via the Act’s ‘exceptional funding’ regime on a case by case basis where provision of legal aid is necessary to avoid what would otherwise be a breach (or risk of a breach) of the person’s rights under the ECHR. Article 6 ECHR protects a right to legal aid in civil proceedings where necessary to ensure ‘practical and effective’ access to court. One factor that might inhibit individuals’ ability to represent themselves ‘properly and satisfactorily’ and so impede ‘practical and effective’ access is mental health. This paper examines data from the Civil and Social Justice Survey (CSJS) which casts light on the prevalence of mental health problems amongst adults with family law problems and so on the potential extent of eligibility for exceptional funding. We find that the prevalence of mental health problems in this population is rather higher than the government’s projections of take-up of exceptional funding might suggest, raising the potential for a somewhat higher than anticipated proportion of family disputants seeking exceptional funding on this basis.

Categories :
  • Articles
  • CFLQ
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from