The recent change in Legal Aid domestic abuse evidenced

The Legal Aid Sentencing and Punishment of Offenders Act 2012 (LASPO) has been in force since April2013 and governs the provision of public funding. Many readers may not be aware that Legal Help or Legal Aid for private family law matters is only available under certain circumstances which includes that the applicant for public funding has been the victim of domestic abuse and the other party to the proceedings has been the perpetrator, and or there are child protection concerns, and the other party is considered to be the risk to the child(ren). 

The applicant for public funding will have to evidence the domestic abuse/ coercing controlling behaviour and/or child protection concerns in a strict format prescribed by the Legal Aid Agency and will be subject to a detailed ‘Means and Merits’ assessment when applying for public funding. 

Public funding is only available for matters that are within scope (this means falls within specific criteria), and an application for public funding cannot be submitted for approval by the Legal Aid Agency unless the evidence required is provided. 

Whether the matter concerns children, divorce or other private family proceedings, accessing public funding is dependent on the evidence you can provide to the Legal Aid Agency, including being able to demonstrate you are a victim of domestic abuse, by way of a report or letter by appropriate health professional or such other in the prescribed format. 

Until 1 March 2023, the Legal Aid Agency has requested any domestic abuse assessment to be carried out at a face-to-face appointment by their health professional. This meant it became increasingly difficult for a prospective client to provide evidence throughout the pandemic, or more recently, due to commitments and health professional availability. 

The Legal Aid Agency has recognised the difficulties in obtaining a face-to-face appointment, and the rollout of much more convenient remote appointments. From March 1 2023, the agency will accept domestic abuse assessments carried out by a health professional over the telephone or video call. The welcomed change allows for public funding to become more accessible, prospective clients not having to wait extended periods of time for an appointment with their GP meaning they are able to apply for public funding much sooner. 

However clients are still required to obtain evidence of this in the prescribed letter form to send to the Legal Aid Agency. 

Further changes: 

Rules affecting the scope of Legal Aid in relation to Special Guardianship Orders (SGO’s) in family law proceedings is due to take effect from 1 May 2023. This further change will ensure that those applying for an order will be advised, supported and represented at every stage.