Over the last two years, we have supported 468 people through the family courts in Devon and Cornwall. It was a real honour to speak at the recent Expert Voices event hosted by the Centre for Justice Innovation. The event marked the publication of the evaluation of our support for litigants in person in private family law cases.
Approaching the same subject from different perspectives
Experts from family law across the UK came together to share their knowledge of the family courts. Steve, our CEO, and Emma, Coordinator at Plymouth Magistrates’ Court, joined the panel to share their insights on the issues faced by litigants in person in private family law:
– Sophie Carter, Head of Family Justice Practice, Centre for Justice Innovation
– Jude Eyre, Associate Director for Strategy and Delivery, Nuffield Family Justice Observatory
– Stephen Whitehead, Head of Data and Evidence, Centre for Justice Innovation
Everyone was approaching the same subject from different perspectives.
Background
For the last two years, CASS+ has been working with people unable to access Legal Aid and representing themselves in the family courts. This recent expansion of our work has been funded by The Ministry of Justice Improving Outcomes Through Legal Support Fund (distributed by The Access to Justice Foundation).
Common themes
Family courts are the last resort for separating families. Many experience deprivation and adults with ethnicities are over-represented. Whilst there a many health issues, domestic abuse is a key theme.
Increasing numbers of people representing themselves
The rates of adults representing themselves in private proceedings is growing because of the lack of access to Legal Aid. 80% of cases feature at least one litigant in person and nearly 40% involve no legal representation at all.
Slow and time-consuming process
This lengthy process causes fear, anxiety, confusion, marginalisation and frustration.
CASS+ is needed
This is why we are needed inside the courts. We intervene at the point of crisis and signpost for specialist help.
Case study example
Coordinator Emma shared a case study:
We supported Bridget* for eight months. She was going through child arrangements and suffered from PTSD. It was distressing for her to re-live her memories. As a result, she felt intimidated by the court process. On top of this, she didn’t qualify for Legal Aid due to spouse’s income and couldn’t afford a solicitor. We supported her with the schedule of allegations. Then, we explained what was happening and why the other party’s solicitor needed to meet with her before the court hearing. She felt that the court process was in favour of people with legal representation. Delays and adjournments added to her anxiety. On top of this, she struggled to understand the legal language. Also, without a laptop, Bridget needed our help to complete the forms. Finally, we were able to refer her to legal representation due to complexities of the case.
Key factors revealed by the data and evidence
For people going through family court on their own, these are the key factors:
- Understanding the court process
- Completing the forms and fulfilling directions
- Attending and understanding court hearings
Impact on clients
- Improved mental health
- Improved understanding of the court process
- Improved capacity to participate
- Reduced stress
- Increased chance of achieving satisfactory outcomes
Impact on courts
- Fewer adjournments
- More and higher quality evidence available
- Hearings run more smoothly
Lessons for the future
To sum up, everyone was agreed that we are well-placed to support litigants in person.
Really interesting to hear about the CASS+ model and I sincerely hope that this work can continue and expand.
Jude Eyre, Associate Director for Strategy and Delivery, Nuffield Family Justice Observatory
Ultimately, this is a promising model where Legal Aid is inadequate.
We’re focussed on empowering and equipping our clients. Our triage system is working really well. We’re thinking about our long-term security. Plus, we’re exploring ways to expand our service in response to enquiries from beyond Devon and Cornwall.
Steve Parker, CEO, CASS+
Find out more
Find out more here.
*Name changed to protect identity.