Press Releases

Legal Aid Board Conference 2023

Legal Aid Board Conference 2023

“Working with High Conflict Families - Placing Children at the Heart of Problem Solving”

The Legal Aid Board annual conference took place at the Light House Cinema, Dublin 7, on 26th September 2023. Over 250 participants from across the Family Justice sector participated, including Women’s Aid Ireland, Men’s Aid Ireland, Treoir, Safe Ireland, One Family, Ireland Refugee Council, Immigrant Council of Ireland, Children’s Rights Alliance, Community Law and Mediation, Tusla, Ombudsman for Children’s Office, the Law Library and solicitors and mediators from private practice.

The Minister of State, Mr. James Browne TD, was also in attendance and addressed the conference.

The conference addressed key issues such as:

Working with High Conflict in Family and Relationship breakdown
Children Having a Say in the Process
Supporting Young People and Families
Identifying solutions/problem solving

The conference was opened by Joan Crawford, CEO of the Legal Aid Board. Ms. Crawford said:

“We’re here to tackle the complexities in high-conflict family cases for the benefit of children. With the arrival of the Family Justice Strategy, the time is ripe for up to deliberate on the potential avenues available to enhance the system’s efficacy for all stakeholders”

Keynote Speaker: Dr. Matthew J. Sullivan, Ph.D. will delivered the keynote address, exploring ‘Perspectives on High Conflict Shared Parenting.’ Dr. Sullivan has over 35 years of experience in Family Dispute Resolution and clinical work in the Family Courts.

Practitioner’s Perspective: James Richardson, BL and Karen O’Leary, Solicitor led the discussion on practitioner’s perspectives. The panel reviewed the use and value of expert reports such as “Section 32 (1)(a) Reports” and “Section 47 Reports” in family law proceedings.

Listening to / Consulting with Children: Freda McKittrick, Director of Guardian Ad Litem Services in Barnardos, moderated a panel that focuses on the experiences of young persons who have lived through parental separation.

Early Legal Assistance in Child Protection: Catherine Fahy, Regional Manager in the Legal Aid Board, spoke about an innovative approach taken in New South Wales, Australia, that focuses on early legal advice for families entering the child protection system.

Child Inclusive Mediation: A unique role play session, led by the Fiona McAuslan, Director of Family Mediation in the Legal Aid Board, showcased how Child Inclusive Mediation operates, providing attendees with firsthand insights.

Where Next? The final panel, hosted by Nuala Jackson, SC, reflected on the issues raised during the conference and look at next steps for family justice reform.

Notes to the Editor:

The LAB Conference took place in the Lighthouse Cinema, Dublin 7 on 26th September 2023
Over 250 people attended from the following organisations
- o Legal Aid Board staff (Solicitors, Mediators, Admin Officers);
- o Members of Legal Aid Board External Consultative Panel: Women's Aid Ireland, Treoir, Safe Ireland One Family, Men's Aid Ireland, Irish Refugee Council, Immigrant Council of Ireland, Children's Rights Alliance, Community Law and Mediation.
- o Justice Sector: Tusla Child and Family Agency; Ombudsman for Children's Office; Law Library; Department of Justice; Courts service; Private Solicitors (members of the Legal Aid Board Panel) Barristers
Conference Themes were:
- Working with High Conflict in Family and Relationship breakdown
- Children Having a Say in the Process
- Supporting Young People and Families
- Identifying solutions/problem solving
Presenters included:
- Keynote Address: Dr. Matthew Sullivan
  - “Perspectives on High Conflict Shared Parenting”
- James Richardson, BL
  - “Section 32/47 Assessments – the Practitioners Perspective”
- Karen O’Leary; Solicitor, Caldwell & Robinson
  - “Section 32/47 Assessments – the Northern Ireland Perspective”
- Freda McKittrick; Head of Barnardos Guardian ad Litem Service
  - “Consulting with Children – Panel Discussion”
- Catherine Fahy; Regional Manager, Legal Aid Board
  - “Early Legal Assistance in Child Protecteion”
- Fiona McAuslan; Director of Family Mediation, Legal Aid Board
  - “Child Inclusive Mediation in Action”

Background

The Legal Aid Board is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means, in accordance with the provisions of the Civil Legal Aid Act, 1995. Section 54 of the Act was amended by the Civil Law (Miscellaneous Provisions) Act 2011 and gave the Board the additional responsibility to provide family mediation services.

Civil legal aid and advice are provided primarily through a network of law centres by solicitors employed by the Board. A complementary service is provided by solicitors in private practice who are engaged by the Board on a case-by-case basis. Specific law centres in Dublin, Cork and Galway include an international protection specialty and there are also dedicated units in Dublin dealing with medical negligence/personal injury cases and cases involving children at risk.

The remit of the Board was widened in 2011 to include responsibility for providing family mediation services. Services are provided through seventeen family mediation offices, some of which are co-located with law centres. The Board also operates a specialised refugee documentation centre, which provides an independent and professional research and library service for all of the main bodies involved in the international protection process.

The Board’s remit is in the process of being further expanded, following a Government decision in 2010, to include the management and administration of the various criminal legal aid schemes currently administered by the Department of Justice. The Department is preparing substantial new legislation which will see the management and administration of the criminal legal aid scheme with a budget of approximately €70 million per annum transferring to the Legal Aid Board.

It is the Government’s intention to commence the main provisions of the Assisted Decision Making (Capacity) Act 2015 in 2023. The legislation creates a substantial new area of law which comprehensively addresses aspects of decision making by individuals where their capacity to make those decisions may be uncertain. The scope of the Act includes decision-making arrangements, enduring powers of attorney and advanced healthcare directives. The importance of the legal provisions is such that large numbers of individuals are likely to require independent legal aid advice and, in some cases, legal aid (court representation). The Act expressly envisages such legal aid services being provided.

The Minister for Justice on 2nd June 2022 announced the first review of the civil legal aid scheme in its 40 years of operation (https://www.gov.ie/en/press-release/68fab-ministerannounces-review-of-civil-legal-aid-scheme/)

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