Scheme for Exceptional Case Funding not providing the required safety net

A self-inflicted retrograde step for access to justice for UK citizens. Alarm bells ring as Tory hatchet man Gove’s swingeing cuts usher in a draconian two-tier family law system for the haves and have-nots.

UK Human Rights Blog

legal-aidIS (by the Official Solicitor as Litigation Friend)  v The Director of Legal Aid Casework and Anor [2015] EWHC 1965 (Admin) (15 July 2015) – read judgment

Collins J has ruled that the Legal Aid guidance as to whether to provide exceptional funding in certain cases is so rigid and complicated as to be unlawful.  

Although no declaration has been made in terms, he said that the scheme as operated was “not providing the safety net promised by Ministers and is not in accordance with [the relevant statute] in that it does not ensure that applicants’ human rights are not breached or are not likely to be breached.”

The actual case before him concerned a defendant who had in fact been granted legal aid consequent to an earlier decision by the Appeal Court. There were five other claims which raised similar issues in relation to the guidance and in which…

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