Oliver Conway Warns of Barriers to Legal Aid Access for Vulnerable Families

A family solicitor has warned that outdated legal aid eligibility rules and a shortage of providers are leaving people without the representation they need, including parents dealing with difficult family and child welfare matters.

How does the means test affect families?

Conway questions whether the means test adequately reflects the financial pressures faced by households. He recalls a client asking why regular expenses, including internet, gas, water and council tax bills, were not properly reflected in the assessment of their eligibility.

He argues that the lack of flexibility can have serious consequences for people facing family proceedings. Someone may have an income slightly above the prescribed limit but still have little money available to pay for a solicitor after meeting essential living costs.

The examples in his account highlight the particular difficulties for parents involved in disputes concerning children, domestic abuse or contact with social services. Without legal advice, people may struggle to understand the process, respond to concerns or identify the steps available to them.

What is the impact of representing yourself?

Conway warns that court proceedings can make existing problems worse, particularly where a dispute might otherwise have been resolved without a hearing. He says he regularly encountered litigants in person who had not received early legal advice because they believed they were ineligible or had been told they did not qualify without a proper financial assessment.

People representing themselves may find it difficult to communicate with the opposing party’s solicitor or to identify areas where an agreement could be reached. Conway explains that where both sides have legal representation, solicitors can discuss their clients’ priorities and explore possible compromises.

He argues that representation on both sides can help remove some of the emotion from a dispute and allow matters to be resolved more quickly. He also raises the financial and personal costs of lengthy proceedings involving an unrepresented party.

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Frequently asked questions

Who is Oliver Conway?

Oliver Conway is a family solicitor who previously spent 11 years working in a family legal aid firm. He has since moved to legal software company LEAP, where he uses his experience to help develop technology for family lawyers.

Why does Conway say the legal aid means test is unfair?

He says the main financial eligibility thresholds have not been raised in line with inflation since 2009, while prices have risen by 64%. He argues that people with very limited disposable income can consequently be excluded from legal aid.

What does the term legal aid desert mean?

A legal aid desert is an area where people have difficulty finding a solicitor or provider offering legal aid services. Conway says some clients had to look beyond their local area because there were no nearby providers available.

How can early legal advice help families?

Early advice can help parents understand concerns raised by social workers, prepare for important meetings and identify support or steps that may help prevent a matter from progressing to court.

What is Conway calling for?

He argues for a fully funded legal aid system that enables people to obtain advice at an early stage, alongside improvements to the financial eligibility rules and the availability of legal aid providers.

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