Legal Aid

Legal Aid
This is a scheme administered by the Legal Services Commission that provides help with funding for people who use the courts. This page restricts itself to what help you can get for family cases and what the criteria are.

Elegibility Criteria
"The Government seeks to limit the definition of domestic abuse for legal aid purposes and thereby limit the number of people who can access legal aid. Not only is the definition of domestic abuse narrowed but also the client would have to be able to prove domestic abuse whether this be by instigating criminal proceedings, obtaining an non-molestation order (injunction) or having Social Services undertaking assessments and child protection conferences. It has also been recently confirmed that in Non-Molestation proceedings, where the alleged perpetrator of violence gives an "undertaking” to conclude proceedings (which is a legal promise to the court in the same terms as an Injunction but without any admissions), this will no longer be 'sufficient evidence' of domestic abuse. This will again have a massive impact on victims of domestic abuse getting the support and advice they need." http://www.farleys.com/blog/the-changing-definition-of-domestic-abuse-controversy-as-government-plans-to-cut-legal-aid-could-affect-victims-of-domestic-violence

From a cursory reading of above..it appears that the burden of proof for Domestic Violence is fairly tight. Whoever deduced that ‘threat of violence’ was too woolly and therefore open to false allegations would appear to be incorrect. To be specific it now appears that women conjuring up false allegations are not going to be able to do it ‘on a whim’, they will have to produce concrete evidence. Those who genuinely fear DV /abuse in the future don’t seem to be covered for Legal Aid. In which case fears of a huge spike in false allegations would appear to be unfounded.

What do others think?

Disclosure to the Other side
When you are in receipt of legal aid, your solicitor must tell your opponent that you are funded by the Legal Services Commission and give a copy of the certificate.

Likewise: you may ask your opponent's solicitor for a copy of their certificate.

For a copy of the rules see: Section C39. Note also section C42 in that document that suggests that a refusal to mediate may put a legal funding certificate in jeopardy.

You may find specific comments relating to family cases.