Government urged to plug “glaring gaps” in legal aid when children deprived of their liberty

In a joint letter to the Lord Chancellor and Secretary of State for Justice, Alex Chalk, 28 organisations and 59 individuals, including the Association of Lawyers for Children and Coram BAAF, warned that “too often” parents and carers have no access to information and legal advice when their child is, or may be, deprived of their liberty.

Family Rights Group revealed that its analysis of the legal aid regime in relation to depriving children of their liberty found it “riddled with anomalies and injustices”.

Stating an example, the joint letter noted: “A parent whose child is subject to care proceedings is entitled to legal aid to fund representation in those proceedings. This is not means tested and only a low merits test applies. It reflects an acknowledgement that families must be legally represented when the state is considering removing their child.

“The same cannot be said in relation to deprivation of liberty proceedings. Instead, the financial situation of parents and carers, and a more stringent merits test, will determine whether they receive legal aid.”

Nuffield Family Justice Observatory (NFJO) found that 88.5% of parents and carers were not legally represented at any hearings in applications made under the High Court’s inherent jurisdiction.

Family Rights Group warned that access to legal advice and representation both before and during any court proceedings, is “vital so that families can understand what is happening and what their options are”.

The letter pointed to proposals put forward by the charity earlier this year, which include aligning the level of legal aid available with that available to parents and children in care proceedings.

“This would mirror the recent changes the Ministry made to legal aid for parents (and other persons with parental responsibility) in adoption and placement order proceedings”, said the letter.

“The proposals also include improving access to early advice for parents and children, when deprivation of liberty proceedings are contemplated. They will help families understand what applications may be made and the processes involved”.

The joint letter concluded by calling on Government to “urgently address these injustices”, adding that there is “no time for delay”.

Caroline Lynch, Principal Legal Adviser at Family Rights Group, said: “Depriving a child of their liberty is a draconian step. The law in this area is complex with significant consequences for the child. Glaring gaps in the legal aid regime mean families often do not have the early-stage legal advice they need. They then don’t understand what is being proposed for their child or aren’t able to effectively participate in decision-making processes.

“Earlier analysis from NFJO showed that once matters reach the courtroom, barely a tenth of parents and carers were legally represented. That means many are navigating court proceedings without any access to legal advice or representation.

“The breadth of support for our call for reform to legal aid is testament to the urgency with which the sector believes this must be addressed. We urge the Ministry of Justice to act.”

Lottie Winson