Legal aid
LEGAL AID
The scope of legal aid:
The basic position legal aid is not available for family cases unless the case is of a type
specified under LASPO 2012 as being within the scope of the legal aid scheme.
(a) public law children proceedings
(b) cases involving the obtaining of protective injunctions, eg non-molestation orders,
occupation orders, forced marriage protection orders
(c) cases where a child under 18 is an applicant, respondent, or joined as a party to the
proceedings (legal aid is available to the child);
(d) cases involving securing an order to prevent the unlawful removal of a child from the UK,
or to secure the return of a child unlawfully removed from or within the UK
Other family cases (eg private children cases, financial applications and divorce) are outside
the scope of the scheme unless the client can demonstrate that she has been a victim of or is
at risk of domestic violence, or, in children cases, that the case is for the purpose of protecting
a child who would otherwise be at risk of abuse.
Client must be able to provide evidence of the violence. Only certain forms of
evidence are acceptable for this purpose.
o evidence of an arrest for a domestic violence offence, a protective injunction
having been made in the past, or a report from a health professional that an
examination showed injuries/condition consistent with those of a victim of
domestic violence.
Even where a case falls within the scope of the scheme, clients must still go on to establish
their entitlement to legal aid based on the merits of their individual case and their financial
means.
Where a solicitor is instructed by a client and takes the view that the client may be eligible for
legal aid, she must advise the client accordingly. This advice must be given promptly, before
the client incurs significant costs on a privately paying basis.
Truex v Kitchin - a solicitor who did not give this advice was required to repay
virtually the whole of the amount which the client had already paid towards the
solicitor’s fees.
Types of funding
Legal Help
Family Help (Lower)
Family Help (Higher)
Legal Representation
Legal Help:
This enables people who are eligible financially and on merit to obtain initial advice from a
solicitor on any question of English law or procedure, for example in relation to domestic
abuse.
To be financially eligible a client must come within the financial limits for both capital and
income.
If the client is in receipt of certain welfare benefits, he will automatically qualify on
income grounds.
The capital limit is presently £8,000.
LEGAL AID
The scope of legal aid:
The basic position legal aid is not available for family cases unless the case is of a type
specified under LASPO 2012 as being within the scope of the legal aid scheme.
(a) public law children proceedings
(b) cases involving the obtaining of protective injunctions, eg non-molestation orders,
occupation orders, forced marriage protection orders
(c) cases where a child under 18 is an applicant, respondent, or joined as a party to the
proceedings (legal aid is available to the child);
(d) cases involving securing an order to prevent the unlawful removal of a child from the UK,
or to secure the return of a child unlawfully removed from or within the UK
Other family cases (eg private children cases, financial applications and divorce) are outside
the scope of the scheme unless the client can demonstrate that she has been a victim of or is
at risk of domestic violence, or, in children cases, that the case is for the purpose of protecting
a child who would otherwise be at risk of abuse.
Client must be able to provide evidence of the violence. Only certain forms of
evidence are acceptable for this purpose.
o evidence of an arrest for a domestic violence offence, a protective injunction
having been made in the past, or a report from a health professional that an
examination showed injuries/condition consistent with those of a victim of
domestic violence.
Even where a case falls within the scope of the scheme, clients must still go on to establish
their entitlement to legal aid based on the merits of their individual case and their financial
means.
Where a solicitor is instructed by a client and takes the view that the client may be eligible for
legal aid, she must advise the client accordingly. This advice must be given promptly, before
the client incurs significant costs on a privately paying basis.
Truex v Kitchin - a solicitor who did not give this advice was required to repay
virtually the whole of the amount which the client had already paid towards the
solicitor’s fees.
Types of funding
Legal Help
Family Help (Lower)
Family Help (Higher)
Legal Representation
Legal Help:
This enables people who are eligible financially and on merit to obtain initial advice from a
solicitor on any question of English law or procedure, for example in relation to domestic
abuse.
To be financially eligible a client must come within the financial limits for both capital and
income.
If the client is in receipt of certain welfare benefits, he will automatically qualify on
income grounds.
The capital limit is presently £8,000.
