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Lawyers fear legal aid cuts will raise risk of another Baby P death
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06 March 2009
The barristers, from the Family Law Bar Association, claim that the changes will cause a drop of up to 30 per cent in the money available for advocacy in child care and other domestic cases and will deter the most highly skilled lawyers from taking on such work.
They say this loss of expertise will make it harder for councils or parents to bring the successful court cases needed before vulnerable children can be removed from potential abusers.
The lawyers also fear that the cuts could lead to the problem of children being wrongly taken into care because innocent parents are unable to adequately counter allegations against them - and harm the ability of domestic violence victims to obtain protection from their former partners.
Ministers insist that the cuts, which are proposed by the Legal Services Commission, are needed because of the rising cost of family legal aid, which has grown by 46 per cent in five years.
They also deny that the reforms will lead to worsening standards - or increase the risk of tragedies such as the death of Baby P in Haringey.
At the protest meeting, to be held at the Royal College of Surgeons, however, the Family Law Bar Association will warn of a serious impact upon victims of abuse if the cuts are implemented.
Announcing a campaign to halt the changes, Lucy Theis QC, the association's chairman, said: "The cuts that are proposed are fundamentally flawed and will drive expertise away from family law with consequences that are extremely grave for some of the most vulnerable in society."
Desmond Browne QC, chairman of the Bar Council, which is also opposing the cuts, added: "The impact that these cuts will have is abhorrent."
Among the barristers' key criticisms is that the overall reduction in funding will lead to experienced staff opting for more lucrative areas of law.
Another concern is that planned changes to the fee structure within the budget will result in lower payments for those taking on more complex cases. This, the barristers argue, will mean that the most difficult cases could be dealt with by less skilled lawyers.
The Legal Services Commission's plans, which are currently subject to consultation, are intended to reduce the overall bill for family legal aid. This rose from £399million in 2001-02 to £582 million in 2007-08.
Ministers said that domestic violence and child protection cases remain of "the highest priority".
Lord Bach, the legal aid minister, added: "We must ensure continued access to justice for vulnerable families while securing the best value for money for taxpayers."
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