This is the second instalment of our monthly PSL Essential
Update series highlighting the most important news,
articles and judgments to keep you fully informed of all the latest family law
developments.
Female Genital Mutilation
By
virtue of the Serious Crime Act 2015 (Commencement No. 2) Regulations 2015, the
provisions in the Serious Crime Act 2015 relating to
Female Genital Mutilation Protection Orders came into force on 17 July 2015. Watch this space for reported cases as
use of the new FGM Protection Orders develops.
Legal Aid
Legal Aid eligibility remains a contentious
issue but July saw a concession from the government. The
restrictions on legal aid in domestic abuse cases were loosened to reduce the likelihood of legal aid being
pulled before the end of a case.
From 17 April 2015 there is
no longer a requirement that evidence of domestic or child abuse be resubmitted before any final hearing. Although the changes were universally
welcomed,
Resolution urged the government to do more
to protect victims of domestic abuse.
In other legal aid news, the High Court in
IS (By the Official Solicitor as Litigation Friend) v Director of Legal Aid CaseWork and Another [2015]
EWHC 1965 (Admin) found that the Legal Aid Agency’s
current operation of the Exceptional Case Funding (ECF) scheme
is
unlawful leading to
calls
for changes.
The
government responded to the
Justice Committee’s Eighth Report of Session 2014–15 (published on 12 March 2015) by
rejecting the concerns about LASPO and saying that the
wider objectives for the reforms have not failed.
Elsewhere,
a report by the Children’s Society and the University of Bedfordshire raised
concerns that
migrant children were no longer able to realise their rights in practice due to the
removal of legal aid in immigration cases.
Budget
Leading on from the legal aid developments
this month the Chancellor announced
£3.2 million funding to help victims of domestic abuse in the
Summer budget.
The budget contained many other
relevant issues for family lawyers
including further cuts such as the benefits cap being lowered and restrictions
on Tax Credits and Universal Credits.
Court closures
On 16 July Courts Minister
Shailesh Vara announced a
consultation on the closure of 91 courts and tribunals in England and Wales, raising
further concerns about possible access to justice issues. The consultation runs for 12 weeks so
get your responses in as soon as possible if you want to have your say.
Prest
The ongoing saga of
Prest v Prest saw another instalment in the form of a Court of Appeal judgment (
Prest v Prest [2015] EWCA Civ 714) dismissing
Mr Prest’s appeal against the order against him in committal proceedings for
breach of the financial order. His lawyers have suggested that he will appeal
this decision so keep an eye on Family Law for the next update.
Ilot v Mitson
The Court of Appeal in
Ilot v Mitson [2015] EWCA Civ 797
clarified the rules on reasonable provision for adult children, potentially
opening the door to more challenges to wills under the Inheritance (Provision for
Family and Dependants) Act 1975.
Right to Lifelong
Anonymity
The High Court in
Birmingham City Council v Safraz Riaz & Others [2015]
EWHC 1857 (Fam) ordered that a victim of child sexual exploitation
should be entitled to lifelong anonymity.
Although the court acknowledged that there was a public interest in
reporting of cases of child sexual exploitation, the public interest in supporting victims of child
sexual exploitation to come forward and report their abuse took priority. In
this instance there was no public interest in identifying the woman as a victim
of child sexual exploitation and she was entitled to respect for her private
life. The balance fell in favour of granting her lifelong anonymity.
Efficient Conduct
Mr Justice Mostyn released a
'Statement on the Efficient Conduct of Financial Remedy Hearings Allocated to a HighCourt Judge whether Sitting at the Royal Courts of Justice or Elsewhere',
providing guidance on allocation criteria and methods of transferring financial
remedy cases.
Family Justice Young Peoples
Board Conference
The Family Justice Young People’s
Board (FJYPB) held their annual ‘
Voice of the Child’ conference on 23 July in
London. The day provided an opportunity for the Board to showcase its work and
to promote the voice of the child to a whole range of delegates.
The theme of the conference was
‘Effective Participation: Make it Happen – Make it Better’ and included
powerful testimonials from various Board members about their experiences in the
family justice system. A panel discussion took place and there were breakout
sessions on Child Inclusive Mediation, Children Meeting Judges, Children’s
Rights in Policy and Practice and the Impact of Family Break-Up on a Child’s
Wellbeing. The President of the Family Division Sir James Munby also gave an
address to the conference explaining the need for “a cultural revolution” to
ensure children are more visible in family proceedings.
Family Law Awards
The
Family Law Awards are due to take
place on 8October at the Grand Connaught Rooms in London and the
shortlist of nominees was announced on 28 July.
Don’t forget to vote for your choice in the community awards for Family
Law Commentator of the Year, Clerking Team of the Year and Family Law Chartered
Legal Executive or Paraglegal of the Year and to tweet about the awards using
#famlawawards.
In other news
See below for a list of ‘at a glance’ headlines of
important items and articles you might have missed:
Order by
Newest on top Oldest on top