England’s most senior judge has warned that cuts to legal aid could lead people to take the law into their own hands. STUART ARNOLD talks to one lawyer about her reservations.

IT has long been a pillar of our legal system. That is the right to legal representation and to receive help to pay for it if you can’t afford to do so.

Some might say that pillar, while not about to topple over, is wobbling as a result of Government efforts to cut the £2.2bn annual legal aid bill by £350m a year.

The Legal Aid, Sentencing and Punishment of Offenders Act 2012, which comes into force from April 1, means many civil cases will no longer qualify for legal aid in the biggest change to the provision of legal services for 70 years.

They include private family law matters, including divorce and custody of children, clinical negligence and personal injury and some debt, housing and benefit issues.

And the Government doesn’t plan to stop there – criminal matters are now in its sights with proposals to make lawyers compete with one another for contracts.

But it is the changes in respect of civil cases causing most immediate concern and which up until now have had relatively little publicity.

Recently Lord Neuberger, president of the Supreme Court, said if people felt they could not access justice they could take the law into their own hands.

This is a view echoed by the Law Society, which represents solicitors, and which has described the changes as a “devastating false economy”.

Joanne Major, the founder of North-East based Major Family Law, agrees.

“It sounds extreme but if people have no money to see a solicitor and need to get an order over custody there are fears that more children may be taken – abducted in a sense – by one parent,” she says.

“There are also concerns that more people will have to represent themselves in court, which is a daunting experience for anybody.

“That will mean cases taking longer than if you were dealing with someone trained in the legal profession.

“So while the Government may be making a saving on the one hand, they may well lose in the other because of higher court costs.”

It is estimated that with family proceedings more than a quarter of million people a year receive some form of legal aid, but under the new legislation that will shrink to about 40,000.

Meanwhile, research by the Citizens Advice Bureau (CAB) and Resolution – the national association of family lawyers – suggests that eight out of ten clients needing help will longer qualify for Legal Aid and that CABs will not be able to fill the gap.

Legal Aid also spreads its net more widely than you might think.

Those on income support and Job Seekers’ Allowance automatically qualify.

But anyone whose gross income does not exceed £2,657 per calendar month is also entitled to legal aid, although other variables such as a partner’s income – unless they are an opponent in a case – and any disposal capital are also taken into account.

Mrs Major says that while there is a perception among some that legal aid is just for people on benefits, it is also for those on low incomes and some of the most vulnerable in society who may now not be able to pay for the advice and representation they need.

She cites the example of a wife who stays home to look after the children while her husband goes to work.

He seeks a divorce and there is an issue over the custody of the children. She has no income in her own right and cannot afford legal representation, while he is able to fund any legal fees privately.

“There is an inequality of arms, which may lead to a dramatic increase in people representing themselves against an opponent who is legally represented,” she says.

“They may also simply feel it is better to settle when it is not in their interests to do so.”

The Government believes more matters can and should be resolved through services such as mediation – avoiding the requirement to go to court.

But Mrs Major said this was a “bit of a cop out”.

“You still have to pay for mediation in some cases and it is not for everybody. You may have to be in the same room as your partner and discuss matters,” she says.

“That isn’t always suitable – some people may be in fear of their partners and may want someone else to do these things for them.”

Mrs Major admits courts should be a last resort, but stresses cases involving legal representation do not always end up this way.

“Lawyers don’t just go to court, they can help resolve issues through negotiation by working on someone’s behalf,” she says.

“When people go through a marital breakdown or are dealing with issues relating to their children it is really tough.

“They may have depression or be suicidal so they need support and guidance as to the right thing to do.

“Having someone else take control of their affairs relieves the anxiety and pressure and helps them get the right and just outcome.”

Mrs Major believes that while the public will be affected most by legal aid cuts, solicitors’ practices will be hit too with some intending to withdraw from legal aid services altogether.

“There is an emphasis on how this affects the public quite naturally, but there will be a huge number of legal practices out there who specialise or do family law who won’t be able to do publicly funded work so there will be a lot of solicitors affected,” she says.

“However we are not the enemy as it wasn’t our decision to take the funding away.”