WHEN the Legal Aid Sentencing and Punishment of Offenders Act 2012 (‘LASPO’) came into force in April 2013, it brought with it many cuts to legal aid funding in family cases.

In certain cases, such as those involving the question of where a child lives or who they spend time with, legal aid will now only be provided if the individual seeking assistance can prove that they have been a victim of domestic violence at the hands of the person they are bringing the case against, within the last 24 months.

Q: Me and my ex-partner need to sort out arrangements for our young son following our break-up. Can I get Legal Aid for this?

A: Legal aid is only available in this sort of matter if you have been a victim of domestic abuse, caused by your ex-partner, within the past 24 months. But we can’t take your word for this, and need specific evidence of domestic abuse that will be accepted such as:

  • A letter from your GP, health visitor or other medical professional
  • A letter from a social worker or report from social services
  • A letter from a refuge
  • A letter from a domestic abuse support worker
  • Evidence of a police caution, conviction or ongoing criminal proceedings
  • A previous injunction or undertaking

There are very specific guidelines for each of the above types of evidence. Each letter must provide very specific information. If they are not accurate a lawyer will not be able to see you on a legal aid basis.

Please see www.turpinmiller.co.uk/legal-aid for more information about what the letters must say.

Without the above evidence, a solicitor cannot see you for a legal aid appointment. Only once you have provided the evidence of domestic abuse, can a solicitor then assess your financial eligibility for legal aid.

Q: I have been a victim of serious domestic abuse within the past week. Do I need to provide this strict proof of domestic abuse?

A: No you don’t. Legal Aid is available for advice in relation to domestic violence – including advice on obtaining an injunction. You will still need to qualify in terms of merit (i.e. there must be a genuine need for legal assistance) and in terms of means (i.e. you qualify financially).

Q: I need help in sorting out my daughter’s contact with her father, I am not working, so need Legal Aid. I have called around all the local solicitors' firms in my area but they have all refused to help me. My ex-partner was very abusive towards me during our relationship, the last incident was in 2009.

A: Unfortunately, you would not be eligible for Legal Aid for this type of matter, which may be why the firms you have approached have been unable to help you. In order to qualify for Legal Aid, you have to provide proof that you have been a victim of domestic violence within the past 24 months. Unfortunately, the Government has enforced this very strict time limit.