The Evolution of the Annual Review 2016 We are the Bar Pro Bono Unit. Every day all over England and Wales people find themselves in need of legal help. They might be at risk of losing their Contents home or other crucial support. They might have lost their job 2.................................................................................................................. Welcome or contact with their children. They might be the victim of 3.................................................................................................................. Then and Now unscrupulous conduct. 4-7........................................................................................................... Celebrating 20 Years 8-9............................................................................................................ Where We Work We are the charity of the Bar of England and Wales. We 10-11................................................................................................... How We Help believe everyone has a right to meaningful access to the 12-13................................................................................................... Pro Bono Award Winners justice system. Where we can we aim to help those who will 14-15....................................................................................................2016 Projects & Fundraising not get that access otherwise. We match volunteer barristers 16.............................................................................................................. The Future to provide the expert advice or advocacy needed in situations that cry out for that type of legal help. 17.............................................................................................................. Thank You th 18-19................................................................................................... 20 Birthday Wishes There is no charge. Those helped do not have the means to pay 20............................................................................................................... The Team for advice or representation. Yet publicly funded help through legal aid is not available to them. We do not provide a substitute for the legal aid system. Pro bono legal work is and can only ever be an adjunct to a properly funded legal aid system. 1 “The Unit will provide a vital service in ensuring that individuals get effective access to Court” 1996 In 1996 we started with an administrator Welcome working 3 days a week from a small office Then at 7 Gray’s Inn Square. The number of Twenty years ago the Bar Pro Bono Unit was a room, a table, legal services, because legal matters are just too important cases received was around 30 per month. some chairs, a phone, a part-time administrator, a hands-on in people’s lives to leave people without help. But still many management committee and our first 300 volunteer barristers. do have to go without advice or representation. It has always been recognised by all, and it remains true, that pro bono is no But Peter Goldsmith had started something so important. substitute for a properly funded legal aid system; it never can Those 300 volunteer barristers have now grown to almost be. 4,000. Today more than half the Bar helps support the operational cost of the Unit. And in the years in between As the courts and tribunals digitise, so too the Unit - as its 20th 350 110 we have welcomed many more to the pro bono community birthday present to itself and all who work with it - is taking 250 cases including the Solicitors Pro Bono Group (LawWorks), the CILEX the opportunity to modernise its systems. With an intuitive volunteer Pro Bono Trust, the National Pro Bono Centre, the Access online application form the Unit aims to ease some burden on applications barristers on 1 matched to Justice Foundation, the Legal Support Trusts, the Legal front line agencies, better manage expectations about what received our panel part time staff Education Foundation, the Litigant in Person Support Strategy, the Unit may or may not be able to provide to those seeking and more. All committed to the public interest in striving to help, and free up some administrative time so that pro bono is member secure legal help for those without means and unable to get easier for its volunteer barristers to undertake. legal aid. We hope that with this anniversary annual review you will see The Unit has enabled thousands of barristers to help with the development of the Unit and the role you have played. over 20,000 applications received by the Unit in the past We are so very grateful for all you have done. It remains more Today we are the only pro bono charity to provide access 20 years, whether as a reviewing barrister or offering free important than ever. to legal assistance in every area of law in all courts and tribunals. We receive cases from over 700 referral agencies Now from across England and Wales. Sir Robin Knowles CBE Jess Campbell Chairman Chief Executive 2,169 applications 13 received 3,749 staff 848 volunteer barristers members cases on our panel matched 2 3 “Many thanks and may the Unit continue to assist people who are in need.” 1997 “The most gratifying part has been that it has made a real difference to the gentleman concerned; his gratitude is plainly heartfelt.” 1998 Celebrating 1998 - 2000 2005 Mr and Mrs Peters* were seeking to adopt a Romanian Thomas* aged 4 had been in foster care since birth. child whom they had brought to the UK in 1994 for His father was unknown, and his mother unable 20 years of the medical treatment when the Home Office intervened to care for him because of her drug addiction. His in the proceedings. Ineligible for legal aid, the clients grandmother, Mrs Adams*, had previously applied Bar Pro Bono Unit sought representation through the Unit for a 5 day for a residence order for Thomas, and had been hearing. Counsel acted for more than two weeks as the rejected as a potential carer by social services. A complex nature of the case prolonged the hearing. This barrister from the Unit advised Mrs Adams and was a landmark case in which the Judge issued guidelines represented her at trial. The court found that she for the future conduct of inter-country adoptions. was a suitable carer and granted a residence order in her favour, so that Thomas was able to live permanently with his grandmother. *These are true stories but names have been changed to protect identities. 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 In February 1996 a group The First Bar Pro Bono Unit assisted Bar Council became Bar in the Community National Pro Bono Pro Bono Protocol was Over 870 applications Number of volunteer The Unit and FRU of barristers led by Peter Award (Sydney Elland Northern Irish Bar one of the Unit’s (BiC) sister charity Week was born as developed jointly by for help were received, barristers rose to 1,560 helped those affected Goldsmith QC agreed to Goldsmith Award) was with enhancing its core funders launched collaboration between the Unit and LawWorks, with the Unit giving by the London bombings constitute itself as the presented and the pro bono scheme solicitors, barristers, under the auspices of assistance in just over a by providing free legal Management Committee of Solicitors Pro Bono Group legal executives and the Attorney General’s quarter of them, a total assistance to those who a “Bar pro bono” project (now “LawWorks”) was the voluntary sector Committee of 222 cases needed it established 4 5 “Without professional representation of the client who was ineligible for legal aid, there was a risk of a grave injustice being done.” 1999 “The barrister acted in a remarkable professional and caring way from day one until eventually the matter was finalised.” 2000 2007 2015 At a family day organised by a local sports club 8 year old James* fell from a tractor ride and suffered permanent brain damage. The Environmental Health Office prosecuted the sports club for criminal breaches of health and safety legislation. The club pleaded guilty and received a £20,000 fine. “In 2015 I found myself battling serious health The family sued the sports club for damages and, despite its guilty plea in the criminal courts, it denied civil liability. It also issued issues and mounting debt due to an unfair a counterclaim against the parents. judgement against me. I was in desperate need Two Unit barristers took on the case. The club abandoned the claim and paid the parents the costs they had incurred before the of legal help with contesting the validity of this Unit’s involvement. The club submitted to judgement in the son’s action and made an interim payment to him of £50,000. judgement. The Unit provided me with a volunteer Alison Padfield and Katie Gollop: “This was a perfect case for the Unit: deserving clients who had been refused public funding barrister who assisted with my case on multiple and whom solicitors would not represent under a CFA because they were defending themselves – rather than bringing a claim for occasions. Without the time dedicated by the team compensation. The Unit’s involvement brought matters to a swift conclusion and left the parents free to concentrate on their son and barrister, people in my position would never and their other children” get the chance for fairness of justice and I am Mr Middleton*: “Without the assistance of the Unit, particularly the help of Katie and Alison, we would never have achieved the thankful for the help they provided me.” outcome that we have. The