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Legal aid changes for family cases

08 March 2023
Issue: 8016 / Categories: Legal News , Family , Procedure & practice , Legal aid focus
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The government has extended legal aid in private and public family law cases, and changed the evidential requirements for domestic abuse.

As of 1 March, legal aid is available for both parents and those with parental responsibilities in cases concerning applications for placement and adoption orders and involving local authorities. The rules change brings the merits test in line with cases covered by the Special Children Act 1989.

Also from 1 March, where supporting evidence of domestic abuse is required, legal aid applicants can choose whether to have their assessment carried out by health professionals over the telephone or by video conference instead of in person.

Law Society president Lubna Shuja said the change took down the ‘additional hurdle’ of face-to-face appointments, but warned the current Domestic Abuse Gateway does not provide for the recognition of emotional, controlling or coercive abuse. She suggested solicitors experienced in domestic abuse cases be authorised to confirm a client is a victim for the purpose of obtaining legal aid.

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