Commission advocates a new Right to Justice Act
In its final report the Bach Commission, which is supported by the Labour Party leadership and the Fabian Society, calls on the government and other political parties to ensure minimum standards on access to justice are upheld through a new Right to Justice Act. The report will form part of the Labour Party's policy review.
The Commission, which has heard from more than 100 individuals and organisations over the past two years, has found that that cuts to legal aid have created a two-tier justice system where the poorest go without representation or advice.
The proposed Right to Justice Act will:
The Commission, which has heard from more than 100 individuals and organisations over the past two years, has found that that cuts to legal aid have created a two-tier justice system where the poorest go without representation or advice.
The proposed Right to Justice Act will:
- Codify our existing rights to justice and establish a new right for individuals to receive reasonable legal assistance without costs they cannot afford
- Establish a set of principles that guide interpretation of this new right
- Establish a new body called the Justice Commission to monitor and enforce this new right.
To make the act a reality, the commission also sets out an immediate action plan for the government to: widen the scope of legal aid, with a focus on early legal help; reform the eligibility requirements for legal aid; replace the Legal Aid Agency with an independent body; and improve the public's understanding of the law.
In respect of family law, the Commission recommends:
In respect of family law, the Commission recommends:
- The government restores legal aid for early legal help to pre-LASPO levels for all social welfare law and family law.
- All matters concerning legal support for children should be brought back within the scope of civil legal aid.
- Family law cases with the following characteristics should brought back into the scope of civil legal aid, with respect to representation in court:
a) representation in particularly sensitive areas of private family law (such as cases in which the primary care of a child is in dispute)
b) cases involving an application to remove a child from the jurisdiction
c) cases where there is local authority involvement in private law children proceedings
d) cases in which an allegation is made which is so serious it would be unjust not to provide legal representation to defend it
e) cases where the question of whether a child should have any contact with a parent or grandparent is in dispute
f) cases where a court determines expertise is necessary to decide a family case in the best interests of the child, but where the non-legally aided party is not in a position to pay a contribution towards that expertise.
b) cases involving an application to remove a child from the jurisdiction
c) cases where there is local authority involvement in private law children proceedings
d) cases in which an allegation is made which is so serious it would be unjust not to provide legal representation to defend it
e) cases where the question of whether a child should have any contact with a parent or grandparent is in dispute
f) cases where a court determines expertise is necessary to decide a family case in the best interests of the child, but where the non-legally aided party is not in a position to pay a contribution towards that expertise.
- The exceptional case funding scheme has manifestly failed, and needs urgent review and reform.
- To read the report click here
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