CHANGES to legal aid which have just come into force will have a devastating effect on low-income families, Bolton Law Society is warning.

The Legal Aid Sentencing and Punishment of Offenders Act came into force on Monday.

However, some lawyers are warning that the change has received little publicity, despite the impact it is likely to have on low income families looking for legal help with family problems. The change will also effect legal firms, advice centres and Citizens’ Advice Bureau, leading to a two-tier legal family law system for the wealthy and poor, it is feared.

From now, legal aid will only be available for court proceedings in a very limited range of circumstances including a tightly-defined set of criteria for domestic violence and injunction proceedings, and for mediation. Legal Aid for public law children cases, which involve social services, remains largely unaffected.

However, there will be no legal aid for divorce disputes concerning money or children. Unless people can find the money for solicitors’ fees, they will be left to represent themselves in court.

Experts predict a massive rise in self-represented litigants which, in turn, may put the court system under pressure as clients try to find their way through legal processes in cases where emotions often run high.

Isabel Freudenberger, the new president of Bolton Law Society, said: “The legal aid changes mean that separating couples who are trying to sort out their finances or reach an agreement over children are left with basically three choices: to find the money to pay privately, do it themselves, which can mean dealing direct with ex-partners on hugely emotional matters; or trying to find a solution through mediation. Another possible future option is a system using a fixed-fee for advice or representation through the court process.”

Vic Melling, head of family law at Stephensons Solicitors, said: “The options are limited and the outlook somewhat bleak for low income families needing legal help. Legal aid was available up until April 1 but now it’s gone.”

Whilst the full impact of the cuts is not likely to be seen for a few months, courts across the country have already noticed an increase in self represented clients which has extended the length of many hearings.

Liz Tait, from Chorley New Road-based Divorce Jigsaw, said: “The cuts will affect legal firms, advice centres and Citizens’ Advice Bureau alike, but most importantly of all they will impact on separating families and children, and herald a two-tier access to justice system. Those who can pay will have legal support but those who cannot afford it will be left effectively running a court case on their own. The consequences for children caught in the middle are potentially great.”

Bolton Law Society is actively exploring ways to offer pro-bono advice and legal support to litigants at court on family matters to help plug the gap created by the cut backs but this will still leave clients representing themselves in the actual hearings.