We are helping them celebrate today by eating cake……….

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Emma is raising money for Asthma UK. To sponsor her please visit her fundraising page.

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1. Injunction Proceedings

   Provided that the merits of their case are such that Legal Aid is justified and provided they meet the financial eligibility criteria Legal Aid is available in respect of Injunction Applications both under the Legal Help Scheme for initial advice and under a Legal Aid Certificate in order to deal with applications to the Court.

2. Divorce Proceedings, Private Law Children (Residence, Contact, Specific Issue, Prohibited Steps, Parental Responsibility) or financial issues arising out of separation or divorce.

   These areas of work are not eligible for any level of Legal Aid unless they fall within any of the categories below.

   If the case falls within any of the categories below the circumstances of the case must merit the granting of Legal Aid and the client must be financially eligible for Legal Aid. Even if the case falls within the categories listed below Legal Aid will only be available to process a divorce if it is supplemental to other issues (for example financial or children issues).

   1. The Applicant seeks Legal Aid in relation to a matter arising out of a family relationship between the Applicant and another where:
      1. There has been, or is a risk of domestic violence between the Applicant and the other and
      2. The Applicant was or is at risk of being the victim of that domestic violence.

      This has to be proven by documentation that confirms one of the following:

      1. Relevant unspent conviction for a domestic violence offence.
      2. Relevant Police Caution for a domestic violence offence given within a 24 month period immediately preceding the date of the application for Legal Aid.
      3. Evidence of relevant criminal proceedings for a domestic violence offence which have not concluded.
      4. Relevant protective injunction which is in force or which was granted within the 24 month period immediate preceding the date of the application.
      5. Undertaking given in England, Wales, Scotland or Northern Ireland provided there was no Cross Undertaking.
      6. Letter from the Chair of a Multi-Agency Risk Assessment Conference (MARAC) confirming that the Applicant was referred as a high risk victim of domestic violence and that the conference took place within the 24 month period immediately preceding the date of the application.
      7. Copy of a Finding of Fact made in proceedings in the United Kingdom within the 24 month period immediately preceding the date of the application.
      8. Letter or report from a Health Professional (defined as a Doctor, Nurse, Midwife or Health Visitor) that they have examined the client within the 24 month period immediately preceding the date of the application and they had injuries or a condition consistent with those of a victim of domestic violence and they have no reason to believe they were not caused by domestic violence.
      9. Letter from a Social Services Department confirming that within the 24 month period immediately preceding the date the Applicant was assessed as being, or at risk of being, a victim of domestic violence by the Opponent or a copy of the Assessment.
      10. Admission to a Domestic Violence Support Organisation for a period of at least 24 hours within the 24 month period immediately preceding the date of the application.

      Please note that in respect of the above:

      1. Legal Aid is only available to the victim not the perpetrator.
      2. The evidence has to be produced before signing Legal Aid.
      3. Where a client moves from one level of Legal Aid to another, for example from Legal Help (which covers initial advice) to a Legal Aid Certificate (which covers proceedings) evidence will again be required and must therefore be “in date”.
      4. Legal Aid is not available to obtain this evidence or meet the costs of obtaining it (this includes any fee that is charged by an organisation to provide the evidence).
   2. The Applicant seeks Legal Aid in relation to the following Orders and procedures where the child who is or would be the subject of the Order is at risk of abuse from another individual (not the Applicant).
      1. Orders under s.4(2A) of the Children Act 1989 (removal of fathers Parental Responsibility)
      2. Orders under s.6(7) of the Children Act 1989 (termination of appointment of a guardian)
      3. Orders under s.8(1) of the Children Act 1989 (Residence, Contact, Prohibited Steps, Specific Issue)
      4. Special Guardianship Orders under part 2 of the Children Act 1989
      5. Orders under s.33 of the Family Law Act 1986 (disclosure of a child’s whereabouts)
      6. Orders under s.34 of the Family Law Act 1986 (return of child)

      Abuse of a child includes: violence, neglect, maltreatment and exploitation of a person who is under the age of 18. Again there are specific requirements to satisfy this criteria and documentation must be produced that proves one of the following:

      1. A relevant unspent conviction for a child abuse offence.
      2. A relevant Police Caution for a child abuse offence within the 24 month period immediately preceding the date of the application.
      3. Evidence of relevant criminal proceedings for a child abuse offence which have not concluded.
      4. A relevant protective injunction which is in force or which was granted within the 24 month period immediately preceding the date of the application.
      5. A copy of a finding of fact made in proceedings in the United Kingdom within the 24 month period immediately preceding the date of the application of abuse of a child by an individual other than the Applicant for Legal Aid.
      6. A letter from a Social Services Department confirming within the 24 month period immediately preceding the date of the application the child was assessed as being, or at risk of being, a victim of abuse by the opponent (not the Applicant for Legal Aid).
      7. A letter form a Social Services Department confirming that within the 24 month period immediately preceding the date of the application a Child Protection Plan was put in place to protect the child from abuse or risk of abuse by the opponent or a copy of the plan.
      8. An Application for an Order for a Protective Injunction made with an Application for a Prohibited Steps Order under Section 8 of the Children Act 1989 which has not at the date of the Application for Legal Aid been decided by the Court.

      Please note that in respect of the above:

      1. Legal Aid is only available to the victim not the perpetrator.
      2. The evidence has to be produced before signing Legal Aid.
      3. Where a client moves from one level of Legal Aid to another, for example from Legal Help (which covers initial advice) to a Legal Aid Certificate (which covers proceedings) evidence will again be required and must therefore be “in date”.
      4. Legal Aid is not available to obtain this evidence or meet the costs of obtaining it (this includes any fee that is charged by an organisation to provide the evidence).
      5. The child referred to in paragraphs i, ii, iii, or v can be another child and not the subject of the proposed application.

3. Unlawful removal of a child

   1. Securing an Order to prevent the unlawful removal of a child from the UK or
   2. To secure the return of a child unlawfully removed from or within the UK.

   You will note the use of the work “unlawful” in the definition. This does not necessarily mean that Legal Aid will be automatically available where a child is not returned to the resident parent after contact. Under this criteria Legal Aid is only available for preventing the removal or securing the return of the child and does not grant funding for other aspects of the case, for example if there is then a dispute about residence or contact.

4. International Child Abduction

   Funding for this through Legal Aid remains available.

5. Help with Mediation

   Where a client is participating in mediation and seek legal advice in support of that mediation Legal Aid is available provided the client is financially eligible for it. Legal Aid is also available (subject to financial eligibility) in respect of the financial issues arising out of a divorce where the parties have reached an agreement in mediation in order to embody that agreement into a Consent Order. Legal Aid is only available to the solicitor who prepares the Consent Order not the solicitor who reviews it.

6. Exceptional Cases

   Legal Aid may be applied for funding in those cases which would otherwise be excluded from Legal Aid if the case falls within “exceptional case provisions”. It is up to the Legal Aid Agency to determine what is or is not an exceptional case. The test is:

   1. That it is necessary to make the services available to the individual because failure to do so would be a breach of:
      1. The individuals convention rights (within the meaning of the Human Rights Act 1998) or
      2. Any rights of the individual to the provision of legal services that are enforceable EU Rights or
   2. That it is appropriate to do so, in the particular circumstances of the case, having regard to any risk that failure to do so would be a breach. At this stage there is no definition of what is or is not an exceptional case. The guidance that has been issued suggests that the Legal Aid Agency intend to interpret an exceptional case in a very narrow way.If an application for an exceptional case funding is successful Legal Aid will be available to cover the costs of that application. If the application is unsuccessful Legal Aid will not reimburse the costs associated with the application.

The post Legal Aid Changes 2013: Family Law Proceedings appeared first on Higgins Miller Solicitors.

With effect from the 1st April 2013, Legal Aid for family cases changed significantly.

Whereas previously most areas of Family Law were eligible for Legal Aid funding this has now changed in an effort to ‘trim’ the governments £2bn annual legal aid bill. These changes hope to cut costs by £350m a year by only targeting those that need it most.

The presumption is that nothing is eligible for Legal Aid unless it comes within the list of exceptions, which is not the case.

Set out below are the various areas of Family Law work that are eligible for Legal Aid Funding.

Which cases no longer qualify for legal aid 2013:

1. Private family law, such as divorce and custody battles
2. Personal injury and some clinical negligence cases
3. Some employment and education law
4. Immigration where the person is not detained
5. Some debt, housing and benefit issues

The cases that continue to be funded for legal aid 2013:

1. Family law cases involving domestic violence, forced marriage or child abduction
2. Mental health cases
3. All asylum cases
4. Debt and housing matters where someone’s home is at immediate risk

 Further information on the following areas of law subject change can be found here:

1. Legal aid changes for Financial Eligibility
2. Legal aid changes for Private Law Family Proceedings 
3. Legal aid changes for Public Law Children

The post Legal aid changes 2013 appeared first on Higgins Miller Solicitors.

There have been some changes to financial eligibility for Legal Aid although large aspects of the eligibility rules remain unchanged. The three areas of significant change are:

1. Clients who are in receipt of Income Based Job Seekers Allowance, Income Based Employment and Support Allowance, Income Support or Pension Credit Guarantee were previously automatically eligible for Legal Aid regardless of any capital that they had. Now any person who is in receipt of one of these Benefits will have to have their capital assessed to see if they come within the eligibility criteria. Capital includes equity in a home, subject to exceptions and disregards.
2. Some Applicants for Legal Aid have been granted Legal Aid and had to pay a monthly contribution towards the cost of it. The levels of those contributions will increase.
3. Any capital is the subject matter of the dispute limits have been put on the total amount of capital that will be disregarded before determining whether or not somebody is eligible for Legal Aid.

Should you wish to know more, please contact Higgins Miller for further information.

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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.

The post Legal Aid Changes 2013: Children appeared first on Higgins Miller Solicitors.

We are very worried about the impact on our clients of these changes which will drastically reduce the number of cases that will be elligible for legal aid.

We are in the process of setting up a scheme of fixed fees which will be available soon to try to help the situation but ultimately we beleive that these changes should not be happening.

For more on Lord Neuberger’s worries see here.

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• Applications for injunctions for protection from domestic violence.
• Cases where the applicant is the victim of domestic violence, to be proved by certain stringent evidence.
• Exceptional cases (Likely to be narrowly defined)

If, on or after 1^st April 2013 you are in receipt of Legal Aid through a “Legal Aid Certificate” that will continue. However if there is a change in your financial circumstances after that date your eligibility will be re-assessed against more stringent rules and you may find that you have to pay or pay more towards your legal aid each month.

If, on or after, 1^st April 2013 you are in receipt of Legal Aid under the Legal Help scheme again that will continue. However that does not cover representation in court proceedings – this would normally be funded by a Legal Aid Certificate. However after 1^st April 2013 you will not be able to apply for a Legal Aid Certificate unless you fall within one of the exceptions listed above.

Unless you fall within one of the exceptions above any application for either level of Legal Aid must be completed and lodged before 1^st April 2013. After that date you will not be eligible for Legal Aid and if you want to be represented by a solicitor will have to fund that yourself.

It can take time to prepare an application for a Legal Aid Certificate. If you want to pursue a case funded by Legal Aid it is important that you contact us urgently.

These changes do not affect legal aid in public law child care proceedings which will continue to be available.

The post Important Legal Aid Changes April 2013 appeared first on Higgins Miller Solicitors.

Tamside has been revealed as containing one of the highest numbers of divorced adults whilst Manchester is one of the places most likely to see a civil partnership.

If you need advice regarding divorce or civil partnership dissolution please contact us for an appointment. We offer a fixed fee initial appointment as well as fixed fees for both divorces and civil partnership dissolutions.

The post Greater Manchester: The divorce and civil partnership capital of the UK appeared first on Higgins Miller Solicitors.

The top five wishes are:

• Cases do not drag on and are always focused on our needs;
• There is more support when we just need to speak to someone;
• We find a way for the court to keep us informed about cases, such as when big decisions are going to be made about our lives;
• Help is available when things get tough and everyone’s arguments stress us out;
• We have a way to tell the people involved in our case about the good and bad bits, and know they would listen.

At Higgins Miller we recognise that the most important people involved in family court proceedings are the children and therefore we hope that the family justice system as a whole takes note of these wishes. For advice on any family legal matter contact us.

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