ON April 1 this year, legal aid underwent significant changes following the present Government’s decision to cut the cost.

It’s correct that the types of cases covered are now far more restricted and the evidence required to get legal aid is stricter, but it hasn’t disappeared altogether and is still available.

This article summarises the position in family law. Family law cases where there are child protection issues (usually with social services involved) will still be eligible.

As we wrote in our last column, these cases really do need you to have legal advice.

In addition, if you are the victim of domestic abuse or a forced marriage you can still access legal aid and take the steps necessary to keep yourself safe.

If you can provide evidence of domestic abuse, you can also get legal aid to help you with your divorce or separation, sort out your joint finances and help you with any disagreements you may have regarding any children.

The evidence you are required to obtain is very specific and it is best to speak to a lawyer about it.

In general it is evidence from the last two years to show you are the victim of domestic abuse.

Finally, there is also scope for legal aid in ‘exceptional cases’ which do not fit in any of the above categories, but are so exceptional that they should be funded.

These are likely to contain arguments that a person’s Human Rights would be severely affected without assistance.

Accessing legal aid is relatively simple. All family cases (except those where social services issue proceedings) are now subject to the same financial assessment.

You can see whether you qualify by accessing the legal aid financial eligibility calculator at http://civil-eligibility-calculator.justice.gov.uk/

Where social services start court proceedings and you are the parent or carer of the child concerned, legal aid is still not subject to a means test.

It is important to find the right lawyer to help you. You can search for a specialist lawyer who can offer legal aid and is local to you by accessing the Ministry of Justice website at http://find-legal-advice.justice.gov.uk/

You should look out for lawyers who have accreditations such as membership of the Family Law Panel or the Children Panel.

These accreditations mean the lawyer is a specialist in a particular area.

ABOUT TURPIN & MILLER

  • Turpin & Miller is a law firm based in east Oxford with a national reputation for excellence.
  • It celebrated its 10th anniversary last year and picked up two prestigious awards – the Legal Aid Firm of the Year 2012 and the Law Society Award for Excellence in Client Service.
  • Emily Boardman is one of T&M’s partners and is head of the family department.
  • She undertakes any complex family case but specialises particularly in representing parents and children in cases involving social services.
  • She is chairwoman of Oxfordshire’s Resolution group and sits on Resolution’s national legal aid committee. She is also a member of the Association of Lawyers for Children, the Law Society’s Children Panel and the Law Society’s Family Law Panel.
  • Emily will be writing regular articles for the Oxford Mail.
  • If you have a legal question for her or the Turpin & Miller team ring 01865 770111 or email eboardman@turpinmiller.co.uk