Divorce, separation and child custody cases under the State’s legal aid system could be delayed due to funding issues, the Department of Justice has been warned.
Legal Aid Board chief executive Joan Crawford wrote to the department saying the agency was running €1.3 million over budget as it dealt with a vast increase in cases involving asylum seekers.
She said the board was struggling with “staff retention issues and low morale” due to the scale of its workload.
Correspondence released under the Freedom of Information Act shows Ms Crawford noting that the board was facing a pay bill this year of at least €33.5 million despite only having an allocation of €32.4 million for pay.
Without a budget increase, she said the agency would be forced to immediately cease hiring staff, which would “render it impossible for [us] to provide the services” required under statute.
Ms Crawford said some law centres would be left with no option but to close to new applications while dealing with backlogs. She said this could leave people in some counties without access to a centre and place further pressure on others nearby.
She said certain cases would have to be prioritised, meaning those involving divorce, separation, child custody and guardianship could be delayed.
The board also said its budget constraints were having a knock-on effect on the courts and judges. “This is leading to delays in dealing with the conclusion of cases in already difficult situations and where the interests of children are involved.”
Ms Crawford said the pressure on staff was leading to staff departures and dissatisfaction from clients.
“As it stands, the board is regularly losing staff with experience and expertise to other State bodies and government departments who can offer better conditions and better working environments with less pressure due to adequate resourcing.”
A previous letter to the department, dated June 2024, said one of the biggest drivers in demand was “the exponential increase” in cases involving asylum seekers.
It said the introduction of “accelerated” processes for dealing with international protection applications had complicated its work, with the board’s staffing issues potentially leading to longer stays for applicants and “costly and lengthy litigation” in the courts.
