Legal aid rates for family mediators, which have remained frozen for 25 years, must be improved to “ease pressure on family courts”, the Family Mediation Council (FMC) has warned.
The organisation is calling for urgent action on rates after a Justice Select Committee report, Access to Justice: Legal Aid, was published last week.
The report, which follows an inquiry by the Justice Select Committee into civil legal aid, concludes that legal aid capacity is significantly constrained, recommending action to improve access and ensure provision meets demand.
“The report confirms what we see every day: too many families simply cannot access legally aided family mediation,” said Stephen Burke, chair of the FMC.
“Frozen rates mean that in some parts of the country providers have stopped offering legally aided mediation. The low rates mean they effectively lose money by taking on new cases. Others who maintain accreditation are limiting the number of legal aid clients they work with because of the financial implications.
“Legal aid is becoming a right on paper rather than a service that families can actually access. There is little point qualifying for legal aid if you cannot find a mediator who is able to take your case.”
Among the report’s recommendations are that the Ministry of Justice should consider financial inducements to providers to ensure legally aided provision.
Burke highlights that the Select Committee report has drawn fresh attention to the way the Legal Aid Agency “is not accurately monitoring the number of mediators who offer legal aid, instead relying on data which overstates provision”.
“This is about improving access to justice for families. Access to family mediation is now severely limited for many separating families who rely on legal aid. Too many families wanting to make mediated agreements over parenting, property or money are unable to do so”, Burke said.
“Improving access would also reduce pressure on an already overstretched family court system by helping more families resolve disputes without litigation. Families who cannot access legal aid mediation are left with stark choices: pay substantially more to resolve disputes through solicitors and the courts, or leave disputes over children, finances or property unresolved.
“Over half of mediators who are still offering legal aid have told the FMC they envisage a situation where they will need to stop taking on new legal aid cases, or strictly ringfence time spent on them.”
