The Law Society has added its voice to claims that a surge in litigants in person is placing judges at greater risk of physical attack. Calling for the restoration of funding for early advice, the Society warns that more spending cuts on top of legal aid curbs introduced a decade ago will only increase the risk further.
The Society’s comments follow last week’s assault on His Honour Judge Perusko at Milton Keynes, which is currently under investigation. Perusko was hospitalised after being attacked by a litigant in person at a closed family hearing.
HM Courts & Tribunals Service has said such incidents are ‘extremely rare’, but this has been contested by insiders at Milton Keynes and elsewhere.
Society president Nick Emmerson said: ‘We are extremely sorry to hear of the attack of the family court judge in Milton Keynes it is sadly another example of how lack of investment has put the system under extreme pressure and exposes how the safety of those working as part of the justice system continues to be at risk. With analysis showing the Ministry of Justice could face further cuts, the impact of this on an already overstretched and understaffed justice system are unthinkable.’
He added: ‘There are a high number of litigants in person (LiPs) – parties without representation - in the family courts system. The number of cases where neither party had legal representation has trebled since January to March 2013 [before the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act]. This was during a time when we saw large areas of legal aid cuts. That figure now stands at 40%. Cuts to legal aid have driven up the number of people who have no choice but to represent themselves through highly stressful legal proceedings, where life changing decisions are likely to be made. Having legal representation means that a solicitor can support clients through a stressful time and set out clearly what to expect at each stage of the court process, while also highlighting the importance and respect of the courtroom setting.
’We urge the government to reinstate early legal advice so families can be supported in the court system and to fund both parties in child arrangement cases where they are allegations of abuse. With early legal advice, families have the timely support they need.’
Last year’s Judicial Attitudes Survey found that district judges (mags) and DDJs (mags), along with circuit judges and recorders, had the lowest ratings of security at their courts.
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