Can I get Legal Aid?

May 2016

Legal Aid is a payment from public funds available to help meet the cost of legal advice and representation in Court.

Prior to April 2013 most individuals on a low income were eligible for Legal Aid
 to cover most cases of family law, including Divorce, finances, children disputes, cohabitation and separation, care proceedings and domestic violence. You would need to show that you cannot afford to pay for legal advice and representation. The Legal Aid Agency takes into account capital assets, all sources of income, housing costs, dependent children and child care costs. However, representation in care proceedings is non-means tested.

Legal Aid Sentencing and Punishment of Offenders Act 2012 (LASPO)

In April 2013 major changes to Legal Aid were introduced by the Legal Aid Sentencing and Punishment of Offenders Act 2012 (LASPO). Following LASPO, the majority of legal aid for private law services has been stopped, save in limited circumstances, only where there is evidence of domestic violence. (Private law services include Children Act applications in respect of contact and living arrangements for the children, resolving financial issues after divorce or in cases of cohabitation and separation).

Legal Aid is now available for the following cases:-

  • Family law cases involving domestic violence or when the child is at risk of abuse from partner;
  • Forced marriage;
  • Child abduction;
  • Care proceedings – Court Proceedings issued by the Social Services Department of the Local Authority where an application is made for a “Care Order” or “Supervision Order” in respect of a child;
  • Mental Health and Asylum cases;
  • Debt/housing matters when someone’s house is at immediate risk

In family law cases involving domestic violence, it will be necessary to provide evidence of the abuse. The LASPO definition of domestic violence is any incident, or pattern of incidents, of controlling, coercive or threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional) between individuals who are associated with each other.

The evidence of domestic violence required is either by way of caution/conviction, Injunction/Undertaking, evidence from a health care professional (ie.GP/Counsellor/Psychiatrist), from the refuge or MARAC (Multi Agency Risk Assessment Conference).

“MARAC is a meeting where information is shared on the highest risk domestic abuse cases between representatives of local police, health, child protection, housing practitioners, Independent Domestic Violence Advisors (IDVAs) and other specialists from the statutory and voluntary sectors. A victim/survivor should be referred to the relevant MARAC if they are an adult (16+) who resides in the borough and are at high risk of domestic violence from their adult (16+) partner, ex-partner or family member, regardless of gender or sexuality. The representatives discuss options for increasing the safety of the victim/survivor and turn these into an action plan. The main focus of the MARAC is to manage the risk and managing the behaviour of the perpetrator. Information shared at the MARAC is confidential and is only used for the purpose of reducing the risk of harm to those at risk.”

No evidence is required if you wish to make an application to the Court for an Injunction or if the Local Authority issue Care Proceedings.

Changes to Evidence Requirements

Last month (April 2016) the evidence requirements for domestic violence changed. The Court of Appeal upheld a challenge to the Government’s changes to legal aid for victims of domestic violence, namely that the evidence required had to be no more than 2 years old. The Ministry of Justice have now announced that they are more than doubling the original time limit for evidence, to 5 years. This will assist a much larger proportion of those victims of domestic violence requiring legal aid. The ministry is also introducing a provision for the assessment of evidence concerning financial abuse.

Emma Macdonald
Warren’s Law & Advocacy

Disclaimer: While we do all that is possible in terms of ensuring its accuracy, this blog contains general information only. Nothing in these pages constitutes legal advice. You need to consult a suitably qualified lawyer from the firm on any specific legal problem or matter.