A new pro bono scheme assisting litigants in person in family proceedings at the Central Family Court – background

As we are all acutely aware, restrictions in the provision of legal aid following the Legal Aid, Sentencing and Punishment of Offenders Act 2012 have resulted in a sharp increase in the number of individuals unable to access legal advice and services in family proceedings. In 2023, over a quarter (26%) of all parties to financial remedy proceedings and two-thirds (66%) of all parties to private children law proceedings were unrepresented, compared to 22% of parties to financial remedy proceedings and 41% of parties to private children law proceedings unrepresented in 2012.1 With the cost of living continuing to climb sky-high, the number of litigants in person in family proceedings is only set to increase in the coming years.

The public’s reduced access to legal services is not only detrimental to the individual, who is forced to navigate stressful and emotionally fraught proceedings alone, but also to:

(1) the represented party, whose costs inevitably increase and yet their chances of reaching a settlement diminish; as well as

(2) the judiciary and court system as a whole, with cases taking longer to resolve and additional work being required of our already-overstretched judges.

Family BarLink, launched in 2024 in conjunction with Advocate, aims to contribute to the alleviation of this situation. We will provide free legal advice and representation to litigants in person (LIPs) appearing in family proceedings at the Central Family Court (CFC), with a view to further expansion across other courts if possible in the future.

We hope that by providing access to legal advice and representation at an early stage of proceedings, we will assist the court to de-escalate and streamline the backlog of cases, facilitate negotiation and agreement between parties, and provide a voice to those who would otherwise face family proceedings unrepresented.

Operation of the scheme

The scheme aims to operate every Thursday dependent on volunteer availability. The CFC will list as many matters with unrepresented parties as possible on Thursdays, to ensure the maximum number of individuals have access to pro bono assistance via Family BarLink.

The scheme only applies to applications listed for 1/1.5 hours or fewer – volunteers will not be expected to provide free legal advice or representation for longer hearings (including final hearings and fact-finding hearings).

It is envisaged that one volunteer barrister will be physically present at the CFC (‘the on-duty barrister’), whilst other barristers working with the scheme will be available ‘on-call’ to assist with further work remotely and/or in person. The on-duty barrister present at the CFC will triage the list and link available on-call volunteers with appropriate cases. They will also take on any direct work they are able to, if time permits.

LIPs will be able to access the scheme via referral from the judge hearing their case. Whilst Family BarLink is aimed at assisting persons who are unable to afford legal representation, no ‘means test’ will be carried out by Family BarLink and individuals’ access to the scheme will be via judicial referral.

Individuals referred to the scheme will be provided with a leaflet by the judge, directing them to a room at the CFC that will be allocated for the scheme’s use, to check in with the on-duty barrister.

The on-duty barrister will have an initial discussion with the LIP and allocate them a volunteer on-call barrister who is working with the scheme remotely or in person to provide assistance, if possible. The volunteer on-call barrister allocated to the LIP may provide them with free legal advice and may also represent them at the relevant hearing that day before the judge who referred them to the scheme.

LIPs referred to the scheme are advised that the involvement of the volunteer barrister allocated to them is limited to that day’s hearing, and that any further assistance falls outside the scope of the scheme. LIPs will be directed to apply for pro bono representation via Advocate, if required, for future hearings or assistance.

What can I expect as a volunteer?

All barristers with post-pupillage family law experience are invited to volunteer as on-duty or on-call participants with the scheme.

On-duty participants will be required to be physically present at the CFC from 9am to 4pm on the Thursday on which they are volunteering, to meet with LIPs referred to the scheme, provide direct legal assistance and/or to allocate them a volunteer on-call barrister.

On-call participants will be required to be available to provide assistance to the LIPs to whom they are allocated. They may be required to attend the CFC to represent LIPs at their hearing listed that day (either in person or remotely). Whilst on-duty participants will be required to be available all day, on-call participants are able to offer their assistance for specific times during the day, to enable them to meet other commitments in their diary, and specify whether they are available remotely and/or in-person.

At present we are only able to recruit self-employed volunteers who must have their own insurance cover with Bar Mutual. The work will take place under the licensed access auspices of Advocate.

The success of the scheme, of course, depends on our ability to recruit a sufficient number of volunteers. We will begin signing up barristers imminently.

Family BarLink offers a unique opportunity to engage with front-line pro bono work in a way which works around professionals’ own commitments. Our efforts will have a direct impact on the experience of LIPs and those working with them, for the betterment of our family justice system as a whole.

How do I register my interest in volunteering?

Family BarLink will soon be hosting an information evening to introduce the scheme and answer questions from prospective volunteers. We will then begin formally recruiting online. Updates about our information evening will be published on Family BarLink’s LinkedIn page (https://www.linkedin.com/company/family-barlink/posts/?feedView=all).

For specific queries or further information, please contact Family BarLink’s email address at familybarlink@weareadvocate.co.uk.

Family BarLink would like to thank all those who have contributed their time and energy to the launch of this scheme, including the judges and staff at the CFC, Advocate, Samantha Singer at QEB and many others.