Criminal court backlog
The Gazette, LawCareers.Net and VNExplorer continue coverage of new figures that show an increase in criminal court delays, as the backlog hits a record high of 65,000 criminal cases.
Law Society of England and Wales President Lubna Shuja said: “The long delays faced by victims and defendants in our courts are simply unacceptable and the Government is failing to tackle the crisis. The entire criminal justice system is fracturing. There are crumbling courts, overwhelmed prisons and a chronic shortage of lawyers and judges.”
Families continue to be victims of a broken justice system
Solicitors Journal and Today’s Family Lawyer cover our reaction to the Ministry of Justice’s latest family court statistics, which show there were 13,080 new private law applications between April to June 2023, with 19,393 individual children involved in these applications.
“The unprecedented backlog in the family court system continues to delay justice for countless families and children,” said Law Society President Lubna Shuja.
“Rising court delays further exacerbate the uncertainty that families face when seeking justice. These families are already under immense pressure as they start court proceedings. By delaying the process, the courts are worsening this strain.
“Thousands of children are being left in limbo, as they wait almost a year for decisions about their future, such as who they will live with and who can have contact with them. The impact of delayed justice can cause significant harm to the wellbeing of children, as well as their parents.”
Legal aid work arising from Illegal Migration Act
The Gazette reports that hourly fees for legal aid working arising from the Illegal Migration Act are to rise by 15%.
Law Society President Lubna Shuja said it was positive to see the government recognise the severe financial pressures facing firms that provide immigration and asylum legal aid.
She added: “There is a huge backlog of asylum cases and simply not enough lawyers to take them on. Many asylum seekers are dispersed to areas where there is no legal aid provider. Those facing removal have just eight days to secure legal advice and bring a suspensive claim. If they are detained in offshore barges or in an immigration legal aid desert, the chances of them being able to access a lawyer are low.
“We maintain that there is no substitute for funding the work consistently at sustainable rates. However, the additional measures outlined in the response would be a step in the right direction. We look forward to engaging with the Ministry of Justice on how these might be implemented.”
Black History Month
Solicitors Journal covers the start of Black History Month.
Law Society President Lubna Shuja said: “I am delighted to celebrate Black History Month with my colleagues.
“The theme is pertinent as the profession celebrated 100 years of women in the law at the end of last year and we are now looking to shape the future of our profession.
“We have seen many Black lawyers make their mark on the profession, including Baroness Patricia Scotland, who became the first Black woman to be appointed a Queen’s Counsel in 1991, Stella Thomas, the first West African woman to be called to the Bar by Middle Temple in 1933, Dame Linda Dobbs, who became the first non-white High Court Judge in the UK in 2004, and of course I. Stephanie Boyce who became the first Black woman President at the Law Society in 2021.
“These Black women are just a few pioneers in our profession and there are many more Black lawyers who continue to make an impact.”
R v Lawstop
Solicitors Journal (£) covers our intervention in judicial review case R v Lawstop.
Law Society of England and Wales President Lubna Shuja said: “This case shines a light on the growing challenges for firms trying to provide legal aid, not only for housing and community care, but potentially other areas of law as well.
“Many firms can no longer afford to provide legally aided work and are choosing to leave the market. Overly restrictive approaches to billing as highlighted in this case place the fragile legal aid system under even greater stress.”
ECHR
BNN Network covers our position on the European Court of Human Rights (ECHR), after it has been hinted by government that we could withdraw our membership.
The Law Society warned that the UK would become an international outlier, joining the ranks of Russia and Belarus.
Law Society President Lubna Shuja added leaving the ECHR would be using a “sledgehammer to crack a nut” when the government already has a suitable solution at hand.
Power of Attorney reforms
The Gazette covers in-depth the governments Powers of Attorney Act, which received Royal Assent last week.
Part of the reforms will see a digital system which is hoped will improve processing times, while the paper process will remain for those unable to use the internet. We welcomed this.
Law Society President Lubna Shuja said: “Many people in care homes or hospitals do not have the ability to use a digital service. Additionally, there are still 1.5 million homes in the UK that do not have access to the internet. These homes are likely to be composed of people aged over 65 or are households with financial vulnerability.
“The consequence of an attorney making a poor decision could result in the donor’s loss of all their assets or admission into a care home against their wishes.”
Also worth a read:
- Dame Sue Carr: who is she? – Tatler
- Find a job, or face benefit cuts, says Hunt – Times (£)
- Nationwide says house prices fell across the UK – FT (Live)
- Menopause discrimination case to be heard by employment tribunal in legal first – Independent