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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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NEWS
In a special tribute in this week's NLJ, David Burrows reflects on the retirement of Patrick Allen, co-founder of Hodge Jones & Allen, whose career epitomised the heyday of legal aid
Writing in NLJ this week, Kelvin Rutledge KC of Cornerstone Barristers and Genevieve Screeche-Powell of Field Court Chambers examine the Court of Appeal’s rejection of a discrimination challenge to Tower Hamlets’ housing database
Michael Zander KC, Emeritus Professor at LSE, tracks the turbulent passage of the Terminally Ill Adults (End of Life) Bill through the House of Lords in this week's issue of NLJ. Two marathon debates drew contributions from nearly 200 peers, split between support, opposition and conditional approval
Alistair Mills of Landmark Chambers reflects on the Human Rights Act 1998 a quarter-century after it came into force, in this week's issue of NLJ
In his latest Civil Way column for NLJ, Stephen Gold surveys a raft of procedural changes and quirky disputes shaping civil practice. His message is clear: civil practitioners must brace for continual tweaks, unexpected contentions and rising costs in everyday litigation
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