NEW INFORMATION REGARDING LEGAL AID WITH REGARDS TO SPECIAL GUARDIANSHIP AND KINCARE

[Alison J Stevens]

There will be no legal aid for parents or extended family members for private law applications except, subject to an assessment of means and merits:

Ø  parents or other parties to care proceedings who are applying for private law orders such as residence orders  as an alternative to a care order being made within care proceedings;

Ø  for the protective party applying for a court order to protect a child where there is evidence of child abuse ie: unspent conviction, ongoing criminal proceedings, protective injunction/undertaking, child protection plan, LA assessment that child at risk, or civil finding in the last 24 months (see Draft Civil Legal Aid (Procedure) Regulations 2012)

Ø  for the party at risk where evidenced domestic violence (unspent conviction, NMO, OO, FMPO, MARAC protection plan, civil finding in last 24 months); i

Ø  international (not domestic) child abduction applications; 

Ø  child parties to proceedings