Legal Aid Changes 2013: Children

Legal Aid Changes: Public Law Children

This is the one area where nothing has changed.

1. Application by the Local Authority for Care or Supervision Order

   As pre 1st April any parent or person with Parental Responsibility is automatically eligible for Legal Aid funding to be represented in these proceedings regardless of their financial circumstances. Any person who is made a party to such proceedings who is not a parent or person with Parental Responsibility can apply to the Legal Aid Agency for Legal Aid funding to be represented in these proceedings. As previously the application will be considered on it merits and their financial circumstances.

2. Application for Orders in respect of a child in care, for example discharge of Care Order or contact to child in care

   As previously legal Aid for any of these applications is available. The application will be considered on its merits and on their financial eligibility.

3. Pre-Proceedings Advice

   Any parent or person with Parental Responsibility who has received correspondence from the Local Authority inviting them to a meeting to discuss concerns that they have which give rise to an intention to issue Care Proceedings (the PLO Process) pursuant to Section 31 of the Children Act is eligible for Legal Aid under the Legal Help Scheme regardless of their financial circumstances.

4. Advice in relation to Social Services involvement with a child

   Any person who seeks legal advice in relation to Social Services involvement in respect of their children is potentially eligible for Legal Aid under the Legal Help Scheme provided the merits of their case justify it and they are financially eligible.