The failure of the qualified legal representative scheme to protect survivors of domestic abuse from being cross-examined by their alleged abuser is deeply concerning, but sadly no surprise (Scheme to stop people being quizzed by abuser in court failing, lawyers say, 16 July).
Our members working in the family courts tell us that the scheme is struggling to attract advocates because the fees paid are based on legal aid rates that have not increased since 1996. This represents a real-terms fee cut of 50%. Quite simply, those who are able to do this vital work cannot afford to undertake it.
The government is undertaking a review of civil legal aid, which it says will seek to improve the long-term sustainability of legal aid work. This must address the problem of remuneration if schemes like this are to work.
We should also not forget that the problem of survivors being cross-examined by their abusers arose partly in consequence of the removal of private family law proceedings from the scope of family legal aid, leading to more people representing themselves.
Reinstating legal aid for private law cases would be another sensible step to lessen the need for the qualified legal representative scheme, therefore requiring fewer practitioners to make it viable.
Lubna Shuja
President, The Law Society
