Our free legal advice is a lifeline to many children and families. The demand for this service has increased significantly since the beginning of the year.
We are seeing a consistent theme in the queries we receive, and they often go something like this:
“I am trying to find a Legal Aid solicitor to take on my court case. I have contacted dozens of firms but no one is taking on new clients. Can you help me find legal representation?”
Or
“I do not qualify for Legal Aid and I cannot afford to pay for a solicitor. I need to raise a court action myself but I don’t know how to do it. Can you help me?”
We provide free legal advice on all areas of child law in Scotland, but common threads include queries from parents who are trying to raise a court action for contact with their child, or by parents who are seeking full time residence of their children due to concerns about the child’s welfare.
On 16 July 2024 the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 will come into force. This means that it will be unlawful for public authorities in Scotland to act, or fail to act, in such a way that is incompatible with the UNCRC.
As a nation, how can we say that we are upholding the rights of the child if children and families are not able to access such a basic service as legal representation for when their rights have been breached?
While lack of legal representation is only one issue in the wider theme of access to justice, it is a telling sign of how much further we have to go in realising the rights of the child. Children and families must be able to have equal access to legal advice to know what their rights are and how the law applies to them. Access to justice means that children and families are able to have their voices heard, exercise their rights and hold public institutions accountable.
It is for this reason that the UN Committee on the Rights of the Child are currently consulting on this very issue. They have found that far too many children are not able to access justice and remedy when their rights are violated. This means that all levels of government, including local councils, and civil society must have pathways to justice and effective remedies in place to protect children’s rights.
In light of this, the Scottish Child Law Centre is hosting a Round Table on Access to Justice on Tuesday 25th June. We are delighted to have representatives from other incredible organisations attending this event to share and discuss the issues we are seeing in terms of access to justice, and what the short and long term collaborative solutions could be.