Navigating The Maze of Legal Aid Changes in Family Law
October 2, 2024
In recent years, the landscape of legal aid in family law within England and Wales has undergone significant changes. For families and single parents seeking help, these adjustments can often feel like navigating a maze.
This blog post aims to clarify these changes, explain their impact, and provide practical advice on accessing legal aid under the updated policies.
The Importance of Legal Aid in Family Law
Legal aid plays a crucial role in ensuring that families and single parents have access to justice. Without legal aid, some individuals might find themselves at a severe disadvantage, unable to present their case clearly or secure a fair outcome.
Legal aid levels the playing field, providing the necessary support and guidance to those who need it most. It ensures that financial constraints do not hinder access to justice and helps protect the most vulnerable members of society.
Three types of legal aid support can be provided:
- Legal Help: Offers initial legal advice and support.
- Legal Representation: Provides courtroom representation and a solicitor to prepare your case.
- Family Mediation Support: Assists with mediation costs under specific circumstances.
Changes in Legal Aid
The landscape of legal aid in family law has shifted dramatically in recent years. One of the most significant changes occurred with the implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). This act reduced the scope of legal aid, making it more difficult for individuals to qualify for assistance in family law cases.
Before LASPO, legal aid was available for a wide range of family law matters, including divorce and children disputes. However, the act significantly narrowed the eligibility criteria, limiting legal aid primarily to cases involving domestic violence or child protection. This change left many families and single parents struggling to afford legal representation for other types of family law issues.
Legal aid in some cases is also means tested, this means meeting financial requirements and limits. This looks at both income and capital finances. There are certain benefits that would mean that a financial assessment on income is not necessary, for example universal credit, but capital income would need to be considered.
Public Law Cases Automatic Legal Aid
Legal aid is automatically available, without means or merits testing, for:
- Care Proceedings: When a local authority applies for a care or supervision order for a child.
- Child Representation: When children are party to public law proceedings.
Parents or those with parental responsibility are entitled to legal aid in these cases without financial eligibility checks.
From March 2023 legal aid to oppose placement order and adoption orders are now non means tested. The merit of the case still needs to be considered.
Legal is also available for applications to discharge care order. This legal aid is means and merits tested. To obtain legal aid you would have to qualify financial but also have merit in your application.
No evidence from LASPO is required for the above.
Private Law Cases – Means and merits Legal Aid
Legal aid may be available for the following, subject to means and merits testing:
- Child Arrangements Orders (formerly known as contact/residence orders)
- Specific Issue Orders
- Prohibited Steps Orders
- Parental Responsibility Orders
For these private law matters, you generally need to provide specific evidence listed in LASPO that you or your child have been victims of domestic abuse or child abuse. You also have to qualify for legal aid financially. An assessment can be undertaken to see if you qualify.
From March 2023 domestic abuse evidence could be provided from a telephone appointment, as an alternative to face to face.
Legal aid for Special Guardianship Orders (SGO) changed from May 2023. Those responding to and making SGO applications would be eligible but would still need to meet the financial criteria. Many professionals are of the view that these changes do not go far enough.
Domestic Abuse Cases – Available Legal Aid
- Non-Molestation Orders
- Occupation Orders
Legal aid for these cases in means tested and a financial assessment would need to be carried out.
Navigating the System
Although the changes in legal aid policies may seem daunting, there are still ways to access support under the updated system. Here are some practical tips for families and single parents navigating the new legal aid landscape:
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Seek Early Advice:
Consulting with a legal professional early in your case can help you understand your options and determine if you qualify for legal aid.
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Gather documents:
For cases involving domestic violence or child protection, it is essential to gather evidence to support your application for legal aid, evidence accepted is set out in LASPO and a solicitor can help you with ensuring you have the correct evidence. Having this documentation ready can strengthen your application for legal aid. You must also ensure that you have all the correct financial information.
If you find yourself in need of legal assistance, do not hesitate to reach out to the Tayntons team to discuss your legal matter. Together, we can work towards a more just and equitable legal system for everyone.