What now for deprivations of liberty?
What will the effect of the postponement of the Liberty Protections Safeguards be on local authorities? Local Government Lawyer asked 50 adult social care lawyers for their views on the potential consequences.
SPOTLIGHT |
The access to justice benefits of having fee-charging Mckenzie Friends outweigh the risks, a report by the Legal Services Consumer Panel (LSCP) has said.
The LSCP, which provides independent advice to the Legal Services Board, said there had been some individual cases which had a serious impact on people. However, its research had found no evidence of widespread detriment.
The panel said it therefore ruled out statutory regulation at this stage and called instead for the sector “to develop a credible system of self-regulation to earn greater trust from judges, the legal profession and the general public alike”.
The LSCP made 15 recommendations in its report. These were that:
Elisabeth Davies, Chair of the Legal Services Consumer Panel, said: “While there are legitimate concerns about the quality and behaviour of some McKenzie Friends, they can provide valuable support which improves access to justice and helps the courts to get through their busy workload.
“Despite McKenzie Friends doing more good than harm, conservative attitudes mean they often encounter resistance in court and barely get a mention in advice guides. There needs to be a culture shift which recognises the reality of the modern legal services market: where legal aid is withdrawn and lawyers’ fees are out of reach, alternative providers offering different services will inevitably emerge to fill the gap. Greater acceptance of McKenzie Friends is one of many adjustments the family courts will need to make in a world where litigants in person are becoming the norm.”
She added: “Fee-charging McKenzie Friends must also do their bit to earn greater recognition. This should start with forming a credible trade association to address the concerns about poor courtroom and commercial practices highlighted in our report. Going to court isn’t easy, leaving people open to exploitation that can cause a lot of damage. By raising standards and marginalising the few rogue operators, McKenzie Friends will build public trust and at the same time help themselves.”
The LSCP said there had been reports of increasing numbers of fee-charging McKenzie Friends, particularly in family cases following changes to legal aid eligibility in April 2013. Some had expanded their role by providing legal advice and seeking a right of audience, it added.
A copy of the report can be viewed here.