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The barriers to effective access to justice encountered by litigants in person in private family matters post-LASPO.

Authors :
Barry, Kerry-Ann
Source :
Journal of Social Welfare & Family Law. Dec2020, Vol. 42 Issue 4, p416-440. 25p.
Publication Year :
2020

Abstract

In February 2019, some six years after the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) removed legal aid from a wide range of civil and family matters, the Government released its Post Implementation Review of the impact of LASPO and accompanying action plan. Publication is at a time when governmental policy extolling the virtues of mediation and online dispute resolution has the potential to have a profound effect on family law process. Against this background and having regard to the impact of the Covid-19 pandemic on the family justice system, this paper discusses the findings of the author's qualitative study on the experiences of litigants in person in civil and family courts. It suggests a typology of litigants in person, explains how and where litigants in person in child arrangements proceedings seek advice and the significant access to justice barriers arising from the compulsory requirement to attend a MIAM before commencing proceedings and attending the fact-finding stage without representation. Ultimately, the paper offers fresh evidence of the harsh realities of litigating without representation in the family court, which despite espousing an inquisitorial process, remains adversarial in character. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
09649069
Volume :
42
Issue :
4
Database :
Academic Search Index
Journal :
Journal of Social Welfare & Family Law
Publication Type :
Academic Journal
Accession number :
147925468
Full Text :
https://doi.org/10.1080/09649069.2020.1837522