Researchers examined perceptions of quality of legal advice services provided by non-legally qualified advisers.
Source: Jenny Johnstone and James Marson, Advice Agencies, Advisors and their Clients: Perceptions of quality, Research Report 10/05, Department for Constitutional Affairs (020 7210 8500)
Date: 2005-Dec
A report proposed a faster and fairer personal injury compensation system. It said that the time taken to settle the average claim would fall from three years to six months under the proposals.
Source: Care and Compensation, Association of British Insurers (020 7600 3333)
Links: Report | ABI press release
Date: 2005-Dec
A report by a committee of MPs said that the small claims system (operating in county courts) generally worked well in providing a low cost, good quality procedure for large numbers of litigants.
Source: The Courts: Small Claims, First Report (Session 2005-06), HC 519, House of Commons Constitutional Affairs Select Committee, TSO (0870 600 5522)
Links: Report
Date: 2005-Dec
The Compensation Bill was published. The Bill was designed to provide a statutory framework for the regulation of claims management services.
Source: Compensation Bill [HL], Department for Constitutional Affairs, TSO (0870 600 5522)
Links: Text of Bill | Explanatory notes | Citizens Advice press release
Date: 2005-Nov
The government published a White Paper containing proposals for the regulatory reform of legal services in England and Wales. An Office for Legal Complaints would be established to independently investigate complaints; a Legal Services Board would regulate legal services; and different kinds of lawyers and non-lawyers would be enabled to work together on equal footing to provide legal and other services.
Source: The Future of Legal Services: Putting consumers first, White Paper
Cm 6679, Department for Constitutional Affairs, TSO (0870 600 5522) | Written Ministerial Statement 17 October 2005, columns 41-42WS, TSO
Links: White Paper (pdf) | Hansard | DCA press release | Bar Council press release | Citizens Advice press release | NCC press release
Date: 2005-Oct
A survey examined the part played by the Children and Family Court Advisory and Support Service in determining how family courts processed applications from parents for contact with their children. It was extremely rare for CAFCASS to recommend no contact with a father, and there was no evidence of systemic bias against either fathers or mothers in the process.
Source: Family Court and Parental Contact, National Association of Probation Officers (020 7223 4887)
Links: Report (pdf)
Date: 2005-Oct
The government announced (following consultation) that it would create a single Civil Court and a single Family Court to encompass all the jurisdictions shared between the High Court, county courts and Family Proceedings Courts.
Source: A Single Civil Court?: Response to consultation, Department for Constitutional Affairs (020 7210 8500)
Links: Report (pdf) | DCA press release | Bar Council press release
Date: 2005-Oct
A study examined the experience of parents from minority ethnic backgrounds who became involved in care proceedings. It described what it took for parents from diverse backgrounds to feel that the legal process was fair, and that they had been heard and understood. It also identified some of the barriers to effective communication, and explored issues of ethnicity and cultural variation in explanations of child maltreatment.
Source: Julia Brophy, Jagbir Jhutti-Johal and Eleanor McDonald, Minority Ethnic Parents, Their Solicitors and Child Protection Litigation, Department for Constitutional Affairs (020 7210 8500)
Links: Report (pdf)
Date: 2005-Oct
The Children and Family Court Advisory and Support Service began consultation on a new strategy to improve its service provision. By April 2007 there would be a guaranteed early intervention service, with no delays in the allocation of practitioners.
Source: Anthony Douglas, Every Day Matters: New directions for CAFCASS, Children and Family Court Advisory and Support Service (CAFCASS) (020 7510 7036)
Links: Consultation document (pdf) | CAFCASS press release (pdf)
Date: 2005-Oct
The government began consultation on proposals to increase family and civil court fees.
Source: Civil and Family Court Fee Increases, Department for Constitutional Affairs (020 7210 8500)
Links: Consultation document (pdf) | DCA press release | Law Society press release
Date: 2005-Sep
An article said that the legal aid scheme could act to promote delay and cost inflation within family cases, and examined the likely impact of proposed reforms.
Source: Vicky Kemp, Pascoe Pleasence and Nigel Balmer, 'Incentivising disputes: the role of public funding in private law children cases', Journal of Social Welfare & Family Law, Volume 27 Number 2
Links: Abstract
Date: 2005-Jul
The government announced a package of reforms to the legal aid system. The principal measures included: implementing reform of the management of larger and complex cases, such as murder and fraud; a series of immediate steps to reduce the amount spent defending the highest-cost criminal cases; and improvements in the way fraud cases were brought to justice, and child care cases were handled.
Source: A Fairer Deal For Legal Aid, Cm 6591, Department for Constitutional Affairs, TSO (0870 600 5522)
Links: Report (pdf) | DCA press release | LAG press release (Word file) | Law Society press release | Citizens Advice press release | Guardian report
Date: 2005-Jul
The Legal Services Commission began consultation on its strategy for the Community Legal Service. It advocated a radical new approach to the way civil legal and advice services were funded, purchased and delivered - aimed at giving civil legal and advice services that were more focused on people in greatest need, more co-ordinated and cost-effective, and better geared to tackle the common causes of legal problems.
Source: Making Legal Rights a Reality: The Legal Services Commission?s strategy for the Community Legal Service, Legal Services Commission (020 7759 0000)
Links: Consultation document volume 1 (pdf) | Consultation document volume 2 (pdf) | Summary (pdf) | LSC press release | LAG press release (Word file) | Law Society press release | Citizens Advice press release | Guardian report
Date: 2005-Jul
An article reported a study which aimed to assess whether socially excluded groups were more likely to suffer justiciable problems (problems for which there was a potential legal remedy), and whether they differed in their problem-resolution strategies and advice-seeking behaviour. The findings demonstrated the potentially crucial role of access to justice and advice and legal services in tackling social exclusion.
Source: Alexy Buck, Nigel Balmer and Pascoe Pleasence, 'Social exclusion and civil law: experience of civil justice problems among vulnerable groups', Social Policy and Administration, Volume 39 Number 3
Links: Abstract
Date: 2005-Jun
The Office of the Legal Services Complaints Commissioner published an audit report on the complaints handling service of the Law Society (the body representing solicitors). The report highlighted poor service, delays, and the inconsistent application of procedures.
Source: Counting Rules and Temporary Closures, Office of the Legal Services Complaints Commissioner (0845 456 5150)
Links: Report (pdf) | DCA press release | Law Society press release | Guardian report
Date: 2005-May
The government announced (in background notes to the Queen's speech) that it had drawn up a draft Legal Services Bill. The Bill would provide a regulatory framework for legal services which protected the consumer, while promoting competition and innovation. The proposals would be published in a White Paper later in 2005, with pre-legislative scrutiny scheduled for 2006.
Source: House of Commons Hansard, Debate 17 May 2005, columns 29-31, TSO (0870 600 5522)
Links: Hansard
Date: 2005-May
The government announced measures to enable more judges to hear public law cases relating to the care of children. Nominated recorders with family law 'tickets' would have jurisdiction to try public law cases in the County Court; and District Judges in County Courts would have the same jurisdiction to try care cases as the Family Proceedings Courts.
Source: Press release 1 April 2005, Department for Constitutional Affairs (020 7210 8500)
Links: DCA press release
Date: 2005-Apr
The government published a summary of responses to consultation on proposed reforms to civil legal aid.
Source: A New Focus for Civil Legal Aid: Encouraging early resolution; discouraging unnecessary litigation - Response to consultation, Department for Constitutional Affairs (020 7210 8500)
Links: Responses (pdf) | Consultation document (pdf)
Date: 2005-Apr
The government announced a package of measures to improve legal services. A regulatory framework would be introduced covering all legal professionals, there would be a new complaints process, and there would be new arrangements for setting up legal businesses. Claims management companies would also be subject to statutory regulation.
Source: House of Commons Hansard, Written Ministerial Statement 22 March 2005, columns 48-49WS, TSO (0870 600 5522) | House of Commons Hansard, Written Ministerial Statement 23 March 2005, columns 67-68WS, TSO
Links: Hansard 22 March | Hansard 23 March | DCA press release | Text of speech | Law Society press release | Citizens Advice press release
Date: 2005-Mar
The government responded to a report by a committee of MPs on the operation of the family courts.
Source: Government Response to the Constitutional Affairs Select Committee Report: Family Justice - The operation of the family courts, Cm 6507, Department for Constitutional Affairs, TSO (0870 600 5522)
Links: Response (pdf) | MPs report (pdf)
Date: 2005-Mar
A report by a committee of MPs highlighted a variety of problems in the family courts system - delay, lack of judicial continuity, inability to come back to the judge promptly, and the ability of the courts to make orders that were obeyed. It was not clear that the government's Green Paper proposals would by themselves resolve these problems, and a coherent statement of overall strategy was needed.
Source: Family Justice: The operation of the family courts, Fourth Report (Session 2004-05), HC 116, House of Commons Constitutional Affairs Select Committee, TSO (0870 600 5522)
Links: Report (pdf) | Guardian report
Date: 2005-Mar
The government announced a package of reforms to legal aid for civil cases. Funding would be targeted on the most 'needy and deserving' cases. There would be increased financial eligibility for advice services, incentives for early settlement out of court (particularly in divorce and family cases), increased help for victims of domestic violence, and greater use of existing complaints systems before litigation was considered. Plans to scrap legal aid for medical negligence cases were dropped.
Source: House of Commons Hansard, Written Ministerial Statement 2 March 2005, columns 85-87WS, TSO (0870 600 5522)
Links: Hansard | DCA press release | Guardian report
Date: 2005-Mar
The government began consultation on the potential for unifying the civil and family jurisdictions of the High Court, the county courts, and the Family Proceedings Court.
Source: A Single Civil Court?, Department for Constitutional Affairs (020 7210 8500)
Links: Consultation document (pdf) | DCA press release
Date: 2005-Feb