Can I Get Legal Aid?

On 1st April 2013 Legal Aid was dramatically withdrawn and reduced in respect of family cases.  Legal Aid is now no longer available for the vast majority of family cases.  The cuts were brought in by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and it was estimated that 85% of cases which would have previously qualified for Legal Aid will now not be eligible.

Legal Aid is still available in some limited circumstances:-

2.Public Law

Where a local authority is involved in a child’s life because of child protection concerns Legal Aid is available for parents and in some circumstances other relatives if Court proceedings are anticipated.

2. Domestic Abuse

Legal Aid is available for people who need advice where they have experienced domestic abuse.

If you consider you have experienced Domestic Abuse you will have to provide evidence of that abuse.  The following evidence will count for the purposes of applying for Legal Aid.

(a)         Criminal convictions– if your ex-partner has a criminal conviction in the UK for a domestic violence offence this will count as evidence providing the conviction is not spent.

(b)         Police caution– if your ex-partner has been given a police caution for a domestic violence offence in the UK within the last two years this will count as evidence for Legal Aid.

(c)          On going criminal proceedings – if your ex-partner has been charged with a domestic violence offence against you that has yet to be convicted in Court, this will count as evidence for Legal Aid.

3. Child Abduction

If there is a history or risk of child abduction outside the UK or a child has been unlawfully removed within the UK, Legal Aid may be available.

4. Protective Injunctions

If you have a Non-Molestation Order, Occupation Order, Forced Marriage Protection Order, Restraining Order or the equivalent from other parts of the UK within the last two years this will count as evidence for Legal Aid.

5. Other evidence

The above list is not exhaustive and other evidence can be used.  If you do consider you will be eligible for Legal Aid then your solicitor will be able to confirm whether the evidence you have is likely to be sufficient for Legal Aid purposes.

Holmes & Hills Solicitors do not undertake any publicly funded work.  We do understand, however, that legal fees can be an issue for our clients and as such we offer fixed fees and clear price structures to help you manage your legal costs.

At Holmes & Hills we offer a fixed fee consultation.  An initial consultation is an opportunity to meet with an experienced solicitor within our family law team so you can discuss the issues you are currently facing and for your solicitor to answer your questions and provide you with advice and guidance moving forward.  Many clients say how useful the initial consultation is and provides them with lots of advice to enable them to discuss matters further.

The initial consultation is also an opportunity for you to meet your solicitor, discuss his or her approach and decide whether you feel confident he or she understands your case. Is this someone you can work with?