Legal News

LASPO changes to family justice come under attack

Elfyn Llwyd outside Parliament for Expert Witness family law storyThe Legal Aid, Sentencing and Punishment of Offenders Act (LASPO), has come in for more savage criticism: this time for the effect it will have on family justice. Plaid Cymru MP and barrister Elfyn Llwyd (pictured) is quoted as saying it will "...change the whole landscape of family law".

He was speaking from the chair of a seminar on The Future of Family Justice – a Westminster Policy Forum debate attended by MPs, judges and expert practitioners.

Mr Llwyd said: "The changes are likely to be detrimental to families, detrimental to access to justice and probably contrary to article 6 rights and others which come into play when a fair trial of issues is not afforded."

He added that, in his 20-year parliamentary career he had never seen such 'intransigence' from government than during the passage of LASPO. "This was a bad bill, it remains a bad bill and, unless some sensible government appraisal is urgently undertaken, the consequences for society at large and vulnerable families in particular are going to be little short of catastrophic," he declared.

Other speakers also expressed concern over the imposition of a 26-week timetable for care proceedings.

One speaker, quoted in the Law Society Gazette, was District judge Nicholas Crichton, who set up London's pioneering Family Drug and Alcohol Court. He described the target as "helpful as an aspiration", but questioned how many cases would realistically be resolved in 26 weeks.

Plans to introduce into legislation a concept of shared or cooperative parenting were criticised by, among others, the NSPCC, which described the idea as "unnecessary and against the best interests of children".

The criticism follows publication by the Law Society of its response to the Justice Department's consultation on the subject.

"The welfare of children must always come before the rights of parents and no legislation should create or point to a perception that there is an assumed parental right to substantially shared or equal time for both parents," a Law Society spokesman said. "While the government's intention to promote co-operative parenting is welcomed, legislation to promote shared parenting is not needed. Current legislation adequately provides the right framework for securing a child's welfare."