WHY NOW?

"Welcome to our mission – a mission dedicated to providing essential support to individuals navigating the challenging journey of separation or divorce. We're here to empower them to make well-informed decisions about their children's future, effectively manage their finances and debts, and above all, reduce conflicts during this trying time.

Did you know that a staggering 49% of children in single-parent families are living in poverty? This heart-wrenching statistic, sourced from the Child Poverty Action Group, underscores the pressing need for interventions that can alleviate this distressing reality. Link: Child Poverty Action Group

The situation is compounded by the fact that nearly 6 million people are currently claiming Universal Credit, according to data from the UK government. The financial strain on families undergoing separation or divorce is undeniable. Link: UK Government - Universal Credit Statistics

Legal Aid emerges as a beacon of hope for low-income families seeking assistance in mediation. It's the lifeline that makes it feasible for them to access the support they so desperately require during these trying times. This is exemplified through the story of Sarah, a single mother who found solace in mediation through Legal Aid, ensuring a smoother transition for her children. 

However, the challenges are stark. Payment fees for mediation services have remained stagnant for over 19 years, a fact that severely hampers the ability of providers to deliver the quality assistance families deserve. This information, based on data from the Ministry of Justice, highlights the urgent necessity for a comprehensive review of fee structures. Link: Ministry of Justice - Mediation Payment Fees

Furthermore, the stringent contract rules imposed on legal aid providers have resulted in a rapid decline in the number of organizations offering these vital services. This alarming trend is brought to light by recent research conducted by the Family Mediation Council. Link: Family Mediation Council

The Looming Crisis: What Happens Without Legal Aid?

Imagine a scenario where legal aid for family mediation vanishes – a world where those already burdened by the emotional toll of separation or divorce are left to navigate complex legal processes on their own. Without access to affordable mediation, families could find themselves locked in bitter legal battles, further exacerbating conflicts that were supposed to be mitigated.

The stories of families like Emily's and James' serve as cautionary tales. Unable to afford private mediation services and with legal aid unavailable, they faced the daunting prospect of representing themselves in court. Their story serves as a stark reminder of the potential consequences of a system without accessible mediation options. Link: 

The ripple effects would extend beyond individual families. Courts would likely experience an overwhelming backlog of cases, delaying justice for those involved. Overburdened court systems would strain public resources and further limit the ability to provide efficient resolutions.

The Government's Action to Date and Our Views

Amidst this critical situation, it's important to take stock of the actions taken by the government and reflect on our perspective. 

• We have received correspondence from Lord Bellamy's confirming that the Family Mediation Contracts are not part of the Civil Legal Aid review.
• Universal Credit is going to stop being a passporting benefit for legal aid. This could exert considerable pressure on the time required for cases and the associated risk of legal aid assessments. This will also make the process harder for families who have to provide increased financial justification and evidence to their application for legal aid.
• The Government Voucher scheme (£500 shared for mediation costs) is a welcome initiative. However, as it does not cover the MIAM (first individual meeting) cost, those on low incomes but above the Legal Aid threshold face an excessive hurdle to access the benefits of mediation.
• The consultation on compulsory mediation, while a step forward, lacks clarity on the matter of legal aid and failed to compel  families into these processes.
• The new Legal Aid contracts due to be issued in 2024 will only run for a period of 1 year.
• The Family Mediation Council provided a robust and helpful response to the government on contract changes needed within the legal aid contract. Out of all the recommendations only one has been adopted in the new contract, despite many having no cost implication for the government.
• In all the consultations undertaken by the government no mention has been given to the review of payments. 

Additionally, the reduction in the number of providers, from 187 to 77 and decreasing, paints a worrisome picture as the demand for assistance continues to rise.

In this bleak landscape, the gap between those who can afford legal representation and those who cannot is getting wider. The vulnerable, including children, bear the brunt of this inequality.

In the midst of this crucial juncture, the collaborative efforts of 77 remaining legal aid providers cannot be overstated. Their collective determination to ensure continued access to essential support for those most in need is inspiring. These providers are sharing stories like that of David, a father who found resolution through mediation, enabling him to maintain a healthy co-parenting relationship. 

Now, more than ever, we are at a crossroads. The preservation of access to family mediation for low income families rests upon our shoulders. We invite you to join hands with us in this pivotal campaign. Together, we can wield a formidable influence and drive the changes necessary to safeguard the rights and well-being of individuals undergoing separation or divorce.

By standing together, by advocating for change, we can truly make a lasting difference. Let's shape a future where families in need find the support, understanding, and empathy they deserve as they navigate the path toward healing and resolution. Together, let's make a difference that resonates for generations to come! "

Chair of FMLA Action

Michael Mack