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Mother’s human rights breached when aid denied

A “vulnerable” mother of four’s human rights were put in jeopardy because she could not get legal aid and so did not have access to a fair trial, a family court judge warned yesterday.

Judge Louise Hallam said she wants officials responsible for providing legal aid and the most senior family judge in England and Wales Sir James Munby to see details of the woman’s case.

The judge raised concerns in a written analysis of the case following a hearing in a family court in Middlesbrough, Teesside.

The woman, who was not identified by the judge, has been embroiled in a family court dispute over her children with her former partner.

She was denied legal aid because officials said she would still have “effective access” to the courts, said the judge.

But Judge Hallam said the children’s father and a local authority responsible for the welfare of the youngsters were both represented by barristers and the woman was not.

“I accept that not having legal aid would not prevent this mother having physical access to a court but in her situation, in my judgment, she had undoubtedly been prevented from having intellectual access to this court,” said Judge Hallam.

“Any access, therefore, in my judgment would not be effective.”

The judge said Article 6 of the European Convention on Human Rights enshrined the right to a fair trial.

“In effect, this vulnerable mother is faced with two advocates running a case against her,” she said.

“I cannot think of a clearer breach of Article 6.”

Ms Hallam added: “If legal aid is refused to people such as this mother, I am satisfied that injustices will occur.”

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