Posts tagged ‘residence’
June Venters QC writes to the Lord Chancellor about her concerns concerning changes which have been made to legal aid
June Venters QC has written personally to the Lord Chancellor, Shadow Lord Chancellor and Chief Executive of the Legal aid agency to express her immense concern at the change to the means testing of legal aid. She drew to his attention one particular case as an example in respect of which she is instructed and which involves potentially serious risks to an abducted child where urgent High Court Orders were necessary to seek the child’s return to the jurisdiction of England and Wales. Legal aid was not available because the client did not qualify on means even though she was in receipt of a “passported benefit.”
Extracts of her letter are as follows:
I am writing to you to express my immense and continuing concern about the inadequacies of our failing justice system brought about in particular by the implementation of what I can only describe as illogical and unfair legal aid decisions which are seriously impacting, in my view, on the ability to secure necessary access to justice.
I have always accepted that legal aid needed to be controlled and I accept in the past just as with any system there has been abuse but what is now happening is that there is a justice system for the rich and none for the rest of society in many instances and I cannot believe that is the desire or intention of this Government.
I wish to draw to your attention one particular example with which I am involved and in respect of which I have spent many hours of providing pro bono work.
My client failed the means test because of recent changes to legal aid whereby even though previously the receipt of certain state benefits would automatically “passport” someone to legal aid eligibility this is no longer the case and capital has to be taken into consideration.
She explained that in her client’s case the client whilst having a property which had, on paper, an equity of £200,000, in practice she was not in a financially credible position sufficient to enable her to raise monies against the equity in order to fund her legal costs.
The client was in receipt of income-related employment and support allowance [a “passport” benefit] but because of the equity in her property [which was not in dispute within these proceedings and thus could not be disregarded] she was not eligible for legal aid.
She went on to say in her letter:
It has to be questioned why it is that one Government department deems my client’s income sufficiently limited so as to justify supplementing it by way of a state benefit when another Government department responsible for justice deems my client’s financial position sufficiently able to fund her own legal costs. I understand that the theory behind this illogical decision is that my client could raise a loan against her property, however, my client’s debt is such that she is not able to acquire a loan and in any event if she did this would increase her outgoings placing an additional burden on her income necessitating further supplementation by way of state benefits..
I urge some consideration for changing the current policy with regard to legal aid financial “passporting.” It is not serving the public and in my view is placing children at risk such as in this case.
One further issue and which I know has been raised by our professional bodies, the removal of legal aid per se in relation to family cases [save for child abduction] unless it meets the domestic violence criteria which remains increasingly difficult is also having a seriously negative impact on the most vulnerable members in society. Time and time again I am faced with family issues that cannot be resolved without legal advice and representation and at times court intervention. At times members of the public and their children are left in an untenable situation and which then impacts negatively on their health which in turn affects their ability to work and takes up NHS resources. I know that as an individual I am not going to achieve the abandonment of this policy when our professional organisations have failed to do so but I felt I could not ignore this subject whilst writing about my concerns. It is my view that the short term saving the Government will have made with regard to this policy will be the Government’s long term loss overall although without proper financial monitoring and reporting the losses that will be incurred to other Government departments as a result of this policy such as NHS and DWP will simply be absorbed without the cause for such losses being obvious.
I am perfectly aware of the drive to provide pro bono services. I have done this the whole of my career and continue to offer a pro bono clinic one evening every week. However, if I am to remain in business and employ staff and I hope provide training to future lawyers I cannot undertake only Pro Bono work as much as I would like to do so.
I urge this Government to review its policies with regard to legal aid and in particular with regard to the specific issue which I have addressed in this letter concerning the “passporting” of benefits.
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Individuals, some organisations, and members of licensed professional bodies can instruct barristers to represent them in court without the involvement of a solicitor or an intermediary. This is called direct access. However, by using direct access to a barrister you deny yourself access to a solicitor.
Solicitors are able to act as advocates in court because their professional rules allow them to do so. Barristers can’t practice as solicitors because their professional rules don’t. By instructing a solicitor at Venters you get the best of both worlds – the services of a solicitor and a court advocate in one and the same instructed individual.
June Venters QC has been a solicitor for some 30 years. Her advocacy skills were recognised by her appointment as a Queen’s Counsel in 2006. By instructing June you get both direct access to an extremely experienced solicitor and a top-tier advocate.
We offer a 30 minutes free introductory meeting to enable you to meet with a solicitor who will discuss with you brief details of your case in order to assist you to identify what options are available to you and which pricing structure we would recommend.
There is no obligation to instruct us at the end of this meeting.
The purpose of this meeting is for you to have the opportunity to meet with us and to receive sufficient information for you to decide on what legal advice/representation you need and what level of service you require.
Tell us about yourself
I joined Venters in 2002 as a paralegal, before undertaking my training contact and qualifying as a solicitor in 2005. I specialise in Family Law and am a Resolution accredited specialist in Domestic Violence and Children Law.
I undertake all children work whether proceedings have been issued by the Local Authority or by family member.
What drew you to law?
I have always been interested in Law and to be honest was unsure what I wanted to do when at school/College. I was encouraged by my Law tutor at the time to study Law at University. I then gained work experience with different firms and knew that I wanted to work helping families.
What do you offer clients?
I offer reliable down to earth advice to my client’s, along with a willingness to listen and help families work through the issues currently before them.
What do you do when you are not lawyering?
I am lucky to have a supportive family who I like spending my time with when I am away from work. I do enjoy watching TV box sets and am currently watching ‘Lie To Me’ and ‘Orange is the New Black’.
Can you sum yourself up in 5 words?
Caring; reliable; professional honest; realistic
Financial disputes between separating couples and difficulties over child contact and residence when parents separate is an ever increasing issue for our society. It is vital to understand that for the majority of cases is no government funding to go to court. Most people will have to pay privately for representation or will have to speak for themselves with no legal advice. The government is now requiring participants to prove they have considered using mediation before approaching the court, and thankfully at Venters there will still be legal aid available for mediation, where participants have a low disposable income.
Venters anticipated this need and our Family Mediation is well established in both our Surrey and London offices. Our Mediators are highly experienced and trained to help you explore your issues and come to agreement in a time and cost effective way. We are impartial and the process is confidential and voluntary. Decision making rests with the participants and at Venters we have a high success rate in enabling those involved to make decisions that can be made legally binding. Public funding will pay an independent solicitor to advise participants to help them make informed choices.
The first step when you recognise you cannot resolve a dispute by yourselves is to contact us on 01737 229610. We will arrange for you and the other party to attend an Information and Assessment Meeting. This usually lasts around 45 minutes and can be done with the participants separately or together. We will assess you both for legal aid, and provide information on how the process works. You can begin mediation sessions at a time and progress at a pace that suits you. The number of sessions depends on the complexity of the case, but usually ranges from two to five, each lasting around 90 minutes.
We offer appointments during the day, in evenings and at weekends at locations in and around Surrey and London. See http://www.venters.co.uk