Changes to Evidential Requirements for Family Legal Aid Applications
On 22 April 2014 the Civil Legal Aid (Procedure) (Amendment) Regulations 2014 will come into force. These amendments broaden the evidence of domestic violence and child abuse that can be included in support of legal aid applications in private family law cases.
Regulation 33 will now allow access to legal aid where there is evidence that:
- The other party is on police bail for a domestic violence offence. The amendments to regulation 42 do, however, provide that funding may be withdrawn where no charges are ultimately brought.
- Entry to a refuge was refused due to there being insufficient accommodation
- There has been a referral to a specialist domestic violence support service by a health professional
- A relevant Domestic Violence Protection Notice or Order has been made pursuant to the Crime and Security Act 2010
- A Court Order has been made binding over the other party in connection with a domestic violence offence
The amendments to regulation 33 also remove the need for the client who has been admitted to a refuge to have been admitted for a period of 24 hours or more.
Regulation 34 will also allow access to legal aid where evidence can be provided that the other party is on police bail for a child abuse offence. Again, funding can be withdrawn where no charges are ultimately brought.
Implementation
The above changes apply to new cases where the application for funding is made from 22 April 2014 onwards.
The previous regulations will apply in the following circumstances:
- Controlled work - applications signed and dated before 22 April 2014
- Licensed Work - applications signed and dated before 22 April 2014 and received by the LAA by 5pm on 29 April 2014
- Emergency Applications - where a determination is made before 22 April 2014 and the LAA is notified of the determination within 5 working days or where the application is emailed or faxed to, and received by, the LAA before 22 April 2014
- Online CCMS - successful applications submitted before 22 April 2014 (i.e by midnight on 21 April 2014)
The regulations can be found at the following link:
Civil Legal Aid (Remuneration) (Amendment) Regulations 2014
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