Public Funding | Penmans Solicitors and Lawyers

Public Funding

Penmans Solicitors Warwickshire

CHANGES TO PUBLIC FUNDING (LEGAL AID)

As from 1st April 2013, civil legal services (legal aid) will only be available in certain cases. It will not generally be available in divorce cases, or cases involving children such as contact, residence etc.

There are some exceptions, primarily where:

  1. the person applying for legal aid is, or has been (within the last 24 months) the victim of domestic abuse or violence, or
  2. where a child is, or has been (within the last 24 months) at risk of abuse from an individual other than the person applying for legal aid. 

However, in order to qualify for legal aid, you will need to provide documentary evidence in one of forms specified below. We therefore ask that you bring with you to your first appointment at least one form of documentary evidence from the list below.

We will not be able to start work in your matter without this evidence, unless you chose to instruct us on a privately paying basis

PLEASE NOTE THAT WE CANNOT SUBMIT AN APPLICATION FOR LEGAL AID ON YOUR BEHALF WITHOUT ONE OF THE SPECFIED FORMS OF DOCUMENTARY EVIDENCE. SOME PEOPLE, SUCH AS YOUR GP, MAY CHARGE YOU FOR PROVIDING THIS EVIDENCE.  YOU MUST PAY FOR THIS YOURSELF AND YOU CANNOT CLAIM THIS FEE BACK THROUGH LEGAL AID.

Supporting documentary evidence: Domestic abuse/violence

 

  1. A relevant unspent (i.e. within the last 7 years) conviction for a domestic violence offence committed by  the other party
  2. A relevant police caution for a domestic violence offence given in the last 24 months committed by  the other party
  3. Evidence of ongoing criminal proceedings for a domestic violence offence committed by the other person, which have not concluded
  4. A relevant protective injunction, for example a non molestation order, which is presently in force, or which was granted in the last 24 months
  5. An undertaking given in England and Wales, in the last 24 months (usually given within injunction proceedings) provided that there were not cross undertakings (i.e. you and the other party both gave an undertaking not to do something)
  6. A letter from the Chair of a multi-agency risk assessment conference confirming that

(i)            you were referred to the conference as a high risk victim of domestic violence from the other person, and

(ii)           the conference has, in the 24 months immediately prior to the date of application for public funding, put in place a plan to protect you from the other person

  1. A copy of a finding of fact, made in court proceedings in the United Kingdom in the last 24 months, that there has been domestic violence by the other person, giving risk to the risk of harm to you
  2. A letter or report from a health professional (GP, nurse, midwife) confirming that the professional:

(i)             has examined you within in the last 24 months

(ii)           was satisfied following that examination that you had injuries, or a condition, consistent with those of a victim of domestic violence

(iii)          has no reason to believe that your injuries or condition were not caused by domestic violence

  1. A letter from a social services department in England or Wales confirming that in the last 24 months, you were assessed as being, or at risk of being, a victim of domestic violence by the other person; or alternatively a copy of the assessment made
  1. A letter or report from a domestic violence support organisation within the United Kingdom confirming:

(i)            the you were, in the last 24 admitted for a period of 24 hours or more, to a refuge for victims, or those at risk, of  domestic violence

(ii)           the dates upon which you entered (and where relevant, left) the refuge

(iii)          that you were admitted because of allegations by you of domestic violence against the other person.

Supporting documentary evidence: protection of children

 

  1. A relevant unspent (i.e. within the last 7 years) conviction for a child abuse offence committed by  the other party
  2. A relevant police caution for a child abuse offence given in the last 24   months committed by  the other party
  3. Evidence of ongoing criminal proceedings  committed by  the other party for a  child abuse offence  with have not concluded
  4. A relevant protective injunction, for example a non molestation injunction with is presently in force, or which was granted in the last 24 months
  5. A copy of a finding of fact, made in court proceedings in the United Kingdom in the last 24 months, of abuse of a child by the other person 
  6. A letter from a social services department in England or Wales confirming that in the last 24 months, the child was assessed as being, or at risk of being, a victim of child abuse by the other person; or alternatively a copy of the assessment made
  7. A letter from a social services department in England or Wales confirming that in the last 24 months, a child protection plan was put in place to protect the child from abuse or risk of abuse by the other person; or alternatively a copy of the plan
  8. An application for a protective injunction made with an application for a Prohibited Steps Order against the other person, made under S8 Children Act 1989, which has not, at the date of the application for legal aid, been decided by the court

We will not be able to submit an application for legal aid on your behalf, or start work in your matter without this evidence, unless you choose to instruct us on a privately paying basis.  Please ask us about our charges if this is an option you are considering.

Penmans Solicitors LLP

26th March 2013

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Penmans Office Locations

COVENTRY

17a Queens Road | Coventry | CV1 3DH
Tel: 024 7622 6575
coventry@penmanssolicitors.co.uk

KENILWORTH

30-32 Warwick Road | Kenilworth | CV8 1GW
Tel: 01926 858222
kenilworth@penmanssolicitors.co.uk

WELLESBOURNE

The Precinct | Wellesbourne | CV35 9NL
Tel: 01789 470022
wellesbourne@penmanssolicitors.co.uk

 



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