Assessing the availability of legal support through the ‘Help with family Mediation’ legal aid scheme

Abstract

ABSTRACT The accessibility of legal support for private family matters has been devastated by decades of reform. At the time of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, legal advice supposedly remained available to support those in family mediation via the ‘Help with Family Mediation’ scheme. However, initial evidence suggests that lawyers rarely engage in the scheme because of a lack of financial incentives. Statistics on Help with Family Mediation are released every financial quarter, but have not been properly scrutinised in academic commentary or public policy. This article outlines findings from the first quantitative study on Help with Family Mediation. The study confirms that the scheme remains largely unavailable and has declined in use since 2016. It reveals that the scheme has dealt with a higher proportion of finance-related disputes over time, with more cases also resulting in a financial benefit. Statistical analysis then confirms a relationship between the type of dispute and whether an agreement is reached in mediation. The article concludes by highlighting the implications of these findings beyond their relevance to lawyers. Altogether, the study demonstrates a need for further research on family justice professionals, as well as family justice data, more widely.