Slasher horror-film goes on and on: from Grayling’s swingeing cuts to adoptee Gove’s hatchet-jobs.
Where will it end? How ridiculous that an appellate court lacks jurisdiction to compensate victims of bad first-instance court decisions because both are emanations of the state and any rights-based approach would safeguard individual rights against the might of the state.
THE FIRST GROUND OF APPEAL:
THE COURT HAD NO POWER TO MAKE THE DECISION.
Very grateful to Noel Arnold of Coram Legal Child’s Centre for alerting me to this. You may be aware that post LASPO, there will be parents who will have to represent themselves in court proceedings who would previously have got free legal representation.
The Courts have been concerned for some time about cases in which it would seem to be a breach of article 6 to make a parent represent themselves, and particularly where that would involve a parent cross-examining a child or their former partner about abuse. The provision in LASPO SHOULD capture those cases and grant exceptional funding where there’s a potential breach of human rights, but in practice it just isn’t happening.
The President has done a few of these cases and pushed the Legal Aid Agency to the brink, by saying that if they didn’t provide funding, he would order that the costs of legal representation…
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