The Legal Aid Sentencing and Punishment of Offenders Act 2012 removed virtually all private family law issues from the scope of legal aid.
In public law care proceedings, if a kinship carer is joined as a party to proceedings, they can apply for legal aid to be represented in the proceedings. However, many kinship carers are not parties to the proceedings, or do not have access to early legal advice to know that this is an option. Children’s services departments may make some funding available for prospective kinship carers to obtain legal advice but this varies and is most often very limited, ‘one-off’ advice.
In February 2019, the Ministry of Justice committed to extend the scope of legal aid to cover special guardianship orders (SGOs) in private law – by Autumn 2019. Almost three years have now passed and this commitment is yet to be delivered.
The pandemic has since had a huge impact and pressure on the Family Court has never been greater. The average time for a care proceedings case to conclude is currently 45 weeks – the highest since 2012, and far beyond the 26-week time limit. As well as the impact of Covid-19, the scenario of an unrepresented carer arising late in the day is also a common reason for delays.