LETTER: Gaping hole left by Legal Aid abolition

I am not legally trained and until I entered into this process I presumed incorrectly that whilst before the court I would be asked questions by the judge and I would answer them accordingly and my case would therefore be heard.

However, I was wrong and made that discovery when it was too late. County Court judges do not have what I understand is called ‘inquisitorial’ powers.

That means, they do not and cannot ask questions of the defendant or applicant to enable them to gain a better understanding of the issues.

It is up to the individual to ensure that they speak clearly and purposefully about the matters of concern in such a way that the judge has full understanding of the issues without having to ask questions.

I understand why Legal Aid in family law has been abolished and I support that to a degree.

However, I can’t help but feel that a gaping hole has been left, resulting in the litigant in person (inevitably the woman) left floundering in unknown territory, desperately trying to learn a new language on the hoof, up against legal teams orating their issues eloquently.

The system is hopeless. justice and fairness is not being served, unless of course, you can afford to instruct a legal team, who know how to put your case forward to enable the judge to fully comprehend the issues.

If County Court judges had inquisitorial powers, the litigant in person would have a far better chance of success and I believe the court process would be a far less intimidating place for those of us who know nothing about family law, its language or its protocol.

CAROLYN M. HEYDON (Mrs)

Wimland Road,

Rusper