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08 March 2023
Issue: 8016 / Categories: Legal News , Family , Procedure & practice , Legal aid focus
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Legal aid changes for family cases

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.

MOVERS & SHAKERS

42BR Barristers—4 Brick Court

42BR Barristers—4 Brick Court

42BR Barristers to be joined by leading family law set, 4 Brick Court, this summer

Winckworth Sherwood—Rubianka Winspear

Winckworth Sherwood—Rubianka Winspear

Real estate and construction energy offering boosted by partner hire

Gateley Legal—Daniel Walsh

Gateley Legal—Daniel Walsh

Firm bolsters real estate team with partner hire in Birmingham

NEWS
A wave of housing and procedural reforms is set to test the limits of tribunal capacity. In his latest Civil Way column for NLJ this week, Stephen Gold charts sweeping change as the Renters’ Rights Act 2025 begins biting
Plans to reduce jury trials risk missing the real problem in the criminal justice system. Writing in NLJ this week, David Wolchover of Ridgeway Chambers argues the crown court backlog is fuelled not by juries but weak cases slipping through a flawed ‘50%’ prosecution test
Emerging technologies may soon transform how courts determine truth in deeply personal disputes. In this week's NLJ, Madhavi Kabra of 1 Hare Court and Harry Lambert of Outer Temple Chambers explore how neurotechnology could reshape family law
A controversial protest case has reignited debate over the limits of free expression. In NLJ this week, Nicholas Dobson examines a Quran-burning incident testing public order law
The courts have drawn a firm line under attempts to extend arbitration appeals. Writing in NLJ this week, Masood Ahmed of the University of Leicester highlights that if the High Court refuses permission under s 68 of the Arbitration Act 1996, that is the end
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