The board wants a higher take-up of mediation in the 8,232 applications for guardianship, custody or access in the Dublin area and is planning to hone its strategy in this area.
Of the board’s 17,103 new applications for civil legal aid or international protection in 2017 [an increase of three per cent] 68 per cent involved family disputes.
The numbers waiting for legal services dropped for the fifth successive year, to 1,776 at year-end, from a high of over 5,000 in 2013.
A total of 25,049 aid applications came in to the Legal Aid Board: 15,745 for civil legal aid; 1,358 for international protection [totalling 17,103]; 2,402 relating to home repossession through the Abhaile scheme; and 5,544 for family mediation.
International protection cases dropped by 290 from 1,648 in 2016.
The Legal Aid Board delivers the Garda Station Legal Advice Scheme, the Criminal Assets Bureau Legal Aid Scheme and the Legal Aid Custody Issues Scheme.
Criminal Legal Aid Scheme
Responsibility for the main Criminal Legal Aid Scheme is expected to be transferred to it shortly, through new legislation.
The board dealt with 31 cases of potential human trafficking, with 15 relating to sexual exploitation.
The board processed 4,125 claims for garda station detainee legal counsel, a significant year-on-year increase since solicitors are now entitled to claim fees for time spent at these interviews, as well as waiting time.
The total cost of authorised garda station claims in 2017 was €1,527,200, shared between 234 firms. This is almost double the 2012 figure of €887,000.
Payments to solicitors for High Court bail applications under the custody issues scheme totalled €795,500.
The board’s 30 law centres use a mixed model of employed staff including solicitors and private solicitors paid on a fee-per-case basis.
Private solicitors provided representation in 6,002 family law cases at the District Court and in 30 hearings at the Circuit Court.
Vouchers
Through the Abhaile scheme, 1,933 vouchers for legal advice were issued to those facing potential repossession of their home.
There were over 500 duty solicitor attendances at court repossession lists while just under 470 legal aid certificates were issued to enable Circuit Court appeals against the refusal of creditors to approve a personal insolvency arrangement.
The Board’s annual report welcomes the planned reform of the law in relation to the provision of guardians ad litem (GAL), though the cost of this measure was sharply criticised by a senior civil servant at the board’s conference on 27 September at the National Gallery in Dublin.
Assistant Secretary at the Department of Justice Conan McKenna, who oversees civil law reform, told the conference that these costs were “never what was intended or envisaged” by the enactment of the legislation.
The Children and Family Relationships Act 2015 provides that the courts must have regard to the views of the child in family law and guardianship applications.
This is carried out through the appointment of a guardian ad litem who represents the interests of the child in court. A psychological report, known as a Section 32 report, is another tool for vindicating these rights.
The Legal Aid Board conference heard that the cost of these reports, running to €4,000 each, is beyond the means of many families.
Conan McKenna told the conference that he was surprised, if not shocked, at the costs involved and pointed out that the intention was to distinguish these reports from more complex cases involving a guardian ad litem.
He questioned why it should cost the Legal Aid Board or litigants this amount to assess a child’s level of maturity.
The board’s annual report meanwhile, calls for GAL input to move beyond the public law arena and into private practice.