In some areas of family, we can act on legal aid, which means that the cost of your case is wholly or partly paid for from public funds. Legal aid is only available to those with limited means and with the approval of the Legal Aid Agency (the government body which runs the scheme). However, different rules apply for care cases. Your solicitor will explain how the Legal Aid schemes work and whether you are eligible.
Legal Aid funding is automatically available for:
· Care & Supervision Proceedings
· Emergency Protection Order Proceedings
· Public Law Outline (PLO) Proceedings
Legal Aid funding is available (subject to merits assessment) for:
· Adoption Proceedings
Legal Aid funding is available (subject to financial/merits assessment) for:
· Non-Molestation Orders
· Occupation Orders
· Discharge of care order/Contact in care proceedings
· Special Guardianship
Private Law Orders such as Child Arrangements (who the child(ren) may spend time with or live with) if there is evidence of domestic abuse or child abuse (known as gateway evidence)
If you have been the victim of domestic abuse by the other parent/relative, you should qualify for legal aid, subject to being able to provide satisfactory evidence of the same. There is no longer a time limit on when such domestic abuse occurred. Below is a list of the most common examples of gateway evidence that the Legal Aid Agency will accept:
1. Protective injunction such as Non-Molestation Order, Restraining Order or Undertakings.
2. Letter from an independent domestic abuse or sexual violence organisation such as Refuge or Woman’s Aid.
3. Letter from a health professional, such as your GP confirming that they have examined you and assessed your injuries/ psychological stress as being consistent with domestic abuse (this can now be from an online assessment)
4. Letter from an expert service such as; CAFCASS.
5. Letter from a multi-agency such as; police, social services, health visitor, MARAC
6. Police caution (for the proposed respondent) for domestic violence or criminal proceedings which have not yet concluded or criminal conviction for domestic violence or police bail for domestic violence.
Child Protection
If there has been no history of domestic abuse but there has been a history of child abuse concerns, involving the other parent/relative, you should qualify for legal aid, subject to being able to provide satisfactory evidence of the same.
Below is a list of the most common examples of gateway evidence that the Legal Aid Agency will accept:
1. Children services letter confirming Child Protection Plan/risk of abuse
2. Prohibited steps order
3. Formal caution letter from the police
4. Arrest for child abuse
5. An unspent or spent conviction for child abuse
The above evidence is guidance only. Should you have other forms of evidence not listed, please call us and we would be happy to discuss this with you, along with all other evidential requirements.