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New Law Society funding proposal

Razbert

Razbert

Well-known member
Member
This was published recently https://www.lawsociety.org.uk/topics/legal-aid/family-legal-aid

Funding for alleged perpetrators and victims of domestic abuse​

We propose that legal aid funding should be available to alleged perpetrators and victims of domestic abuse up to the conclusion of a fact-finding hearing in private family cases where children are involved.

At the moment, legal aid funding is only available to the victim, after they’ve provided evidence of the abuse to the legal aid agency.

There is no legal aid funding for alleged perpetrators of abuse.
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I have doubts whether it will happen, but will be a very good thing if it does.
 
Fiji107 said:
I feel that the eligibility for legal aid should remove DA from its criteria completely. All it does is encourage people to make false allegations. Adding the perpetrator to eligibility won’t change that
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Thanks for your opinion, although I don't agree with removing LA altogether, as bonafide DA victims would be at a real disadvantage. I think if a false accuser is faced with the prospect of being cross examined in court by a fully funded barrister, they would think again about their allegations.
 
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Razbert said:
Thanks for your opinion, although I don't agree with removing LA altogether, as bonafide DA victims would be at a real disadvantage. I think if a false accuser is faced with the prospect of being cross examined in court by a fully funded barrister, they would think again about their allegations.
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I think you’ve misunderstood my comment.
I mean remove DA as a requirement for LA altogether. Make it open to everyone in the family court setting who meet the other requirements that are already in place, ie means tested. If you can’t afford representation then you should be eligible to receive it, regardless of DA allegations
 
I like the idea until FF then it is equal for all.

Whilst I am facing DV, would it be fair to say due to my conuter allegations which police have taken seriously rules out her ability to get legal aid?
 
childfirst said:
I like the idea until FF then it is equal for all.

Whilst I am facing DV, would it be fair to say due to my conuter allegations which police have taken seriously rules out her ability to get legal aid?
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Unfortunately not, so my son faced false allegations and disproved her allegations and was nfa by the police. He made counter allegations the police took seriously. He applied to family court for child arrangements and a non molestation order. She got legal aid based on her false allegations because she got a letter from the housing association which said she may have been a victim of domestic abuse. He couldn’t get legal aid because he earns too much.

She didn’t want a FF hearing as she had no evidence to substantiate her claims and my son had loads of evidence which showed her as the abuser.

She still has legal aid and it’s now set for a contested 2 day Final hearing because she disagreed with Cafcass recommendations of shared care lives with both, child with son 5 out of 14 progressing to 5050 shared care by the time child is 4.
 
Nanaforsonsjustice said:
Unfortunately not, so my son faced false allegations and disproved her allegations and was nfa by the police. He made counter allegations the police took seriously. He applied to family court for child arrangements and a non molestation order. She got legal aid based on her false allegations because she got a letter from the housing association which said she may have been a victim of domestic abuse. He couldn’t get legal aid because he earns too much.

She didn’t want a FF hearing as she had no evidence to substantiate her claims and my son had loads of evidence which showed her as the abuser.

She still has legal aid and it’s now set for a contested 2 day Final hearing because she disagreed with Cafcass recommendations of shared care lives with both, child with son 5 out of 14 progressing to 5050 shared care by the time child is 4.
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my understanding is that if she is contesting the cafcass recommendations, unless she has good reason ( with strong evidence) then she won't qualify for legal aid for the contested final hearing , this is the same situation for me.
 
Nanaforsonsjustice said:
She got legal aid based on her false allegations because she got a letter from the housing association which said she may have been a victim of domestic abuse.
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It's very easy to get a letter from a variety of sources. The victim must only give a convincing story and the letter itself becomes the required evidence.

Ripoff Solicitors LLC
54 High Street
Anytown
Child Services
Anytown Local Authority
Town Hall, Anytown
[email protected]
[0199 9990 990]​


Dear Ripoff Solicitors LLC,
Name of perpetrator: Joseph Bloggs
Name of victim: Edith Bloggs

I confirm that the above-named victim is or has been at risk of harm from domestic violence by the above-named perpetrator. Joseph and Edith are married to each other and have three children.

Yours sincerely,

Ann Bucket

Child Services

Anytown Local Authority
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The Ministry of Justice is bending over backwards to make it as easy as possible to get legal aid in these circumstances. At this stage there is very little burden of proof - only that there is a perceived risk of harm. See https://www.gov.uk/government/collections/sample-letters-to-get-evidence-of-domestic-violence
 
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