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“I almost forgot my name when asked to confirm it”: the human impact of legal aid cuts – Emma’s story*

“I almost forgot my name when asked to confirm it”: the human impact of legal aid cuts – Emma’s story*


Thirty years of underfunding from the UK government and the means testing of legal aid, last updated for inflation in 2009, have left increasing numbers of us with no choice but to represent ourselves.

At the same time, government cuts to legal aid have deprived many separated families of the opportunity to resolve their disputes earlier and avoid lengthy court proceedings.

Today, a quarter of a million fewer people receive legal aid in private family matters than in 2009 and 2010.

Children are often at the center of these proceedings, which is why we have made support for families a key demand of our new “Means of legal aid” campaign.

Emma talks about what it was like to face court without a lawyer – and why she thinks “access to legal aid and legal representation is so vital” for people in similar situations.

“It was one of the worst days of my life”

My daughter is the most important thing in my life. Sitting alone in court, representing myself in a contact hearing that would change our lives, I felt like no one was on my side.

I almost forgot my own name when asked to confirm it. I still don’t understand most of what happened. It was one of the worst days of my life.

I don’t remember the specific details of why I wasn’t eligible for legal aid. I put everything in a box in my mind.

I Googled lawyers who accept legal aid clients and filled out some paperwork. I’m low income, so I don’t know why I wasn’t financially eligible.

I had also mentioned that my ex-husband had been emotionally and financially abusive.

I think the lawyers felt that the domestic violence route might help me qualify, but because I hadn’t reported it to the police and there was no paper trail, they emailed me to say that unfortunately I wasn’t eligible.

I remember that from the beginning I had difficulty understanding the legal system and the terms used, and that I felt lost when faced with the need to complete the documents necessary for the application to the court.

Spending the whole day in court was so stressful. There were a lot of tears. I had to move on from my ex.

Previous telephone and video hearings have also been appalling. I had to put a piece of paper over my ex’s face on screen.

It didn’t seem right to me to confront someone who had money and had their own lawyer. I didn’t have the same opportunity. The lawyer said things I didn’t understand. It’s not morally right for people to go through this alone.

Towards the end of the court proceedings I had support from the Norfolk Community Law Service (NCLS), a legal advice charity, but they cannot represent you in court. I wish I had known them sooner.

They helped me prepare my documents and answered all my questions. I don’t know how I could have done it without them.

Having someone who knew a little about what was going on was helpful, but it was still a horrible experience.

Most people need this type of support – from someone who knows how the legal system works.

“I just wanted the trial to end.”

I think things would have been different if I had had a lawyer. That day I had to make decisions and come to a conclusion on my own. Everything was very rushed.

If I had not accepted the situation that day, the matter could have gone further and been subject to cross-examination.

I was told that my mental health could come up during cross-examination if the legal proceedings continued. I felt like I couldn’t continue, I just wanted it to be over. I felt pushed into a corner.

The conclusion was good, but I wasn’t very comfortable with it. This meant my ex had access to my daughter sooner than I thought.

The judge said he thought the trial had been fair. But how could it have been a fair trial when my ex had a lawyer and I didn’t?

“For people in my situation, having legal representation is absolutely necessary”

Today, three or four years later, everything is going well. I’m in a very good place. But that wasn’t the case that day.

For people in my situation, access to legal aid and legal representation is absolutely necessary.

My daughter and I receive support in other aspects of life. I get help from his school because I’m low income, I get benefits. These systems are easy to navigate. But the legal system is not.

As more and more couples break up and argue about contact with children, I can’t believe this isn’t a basic human right.

Why are we left to our own devices to advocate for what is best for our children?

Sources

1/ https://Google.com/

2/ https://www.lawsociety.org.uk/topics/legal-aid/the-human-impact-of-legal-aid-cuts

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