Domestic Abuse Survivor Denied Legal Aid Due to Child’s Living Arrangements
The Legal Aid Agency (LAA) recently deemed a woman ineligible for legal aid after claiming that she had no dependants because her son did not live with her. A woman and her abusive former partner had agreed contact arrangements of their child, however, the ex-partner violated their arrangement and limited the woman’s contact with their son.
In an attempt to gain more access to her son, she applied for legal aid in order to take the matter to court with legal representation. The LAA determined that because the child did not currently reside with her, he couldn’t be considered as her dependant. As a result, this placed her disposable income as over the threshold used to determine whether an individual is eligible.
How Legal Aid Eligibility Is Determined: Means, Merits, and Dependants
Legal aid assists individuals who do not possess the means to afford the legal help that they are seeking. In civil cases, the amount of financial assistance that an individual receives is determined by the LAA assessing that person’s means and merits. The merits in a case refers to the individual’s likelihood of success. The means in a case pertains to one’s financial situation regarding income and capital.
Dependants are also typically included in the LAA’s assessment of an individual’s eligibility for financial assistance. When the LAA evaluates an individual’s disposable income, they remove approximately £307.64 for each child dependant.
Challenging a Legal Aid Refusal in the High Court
Given the LAA’s inadequate assessment of the woman’s financial situation, she took the decision to the High Court being represented by the Public Law Project, in order to have the decision overturned. The matter was heard on 8th March 2023.
High Court Overturns Unlawful Legal Aid Denial
At the hearing, the High Court overturned the LAA’s decision to refuse legal aid to the Applicant. It was successfully argued that the guidance provided by the Lord Chancellor to the LAA was unlawful in that it restricts the Legal Aid Agency’s ability to assist parents in this situation. It was also successfully argued that the LAA had failed to consider why the child was not living with the mother. The Judge did not concede in respect of the final argument put forward as to whether the Applicant’s rights had been breached under Article 6 and Article 8 of the European Convention of Human Rights.
The judgement obtained on 8th March 2023 has now set the precedent for future applications for legal aid. Now, parents who share care arrangements of their children are more likely to qualify for legal aid within civil law.
Domestic abuse survivor shut out of legal aid challenge against Ministry of Justice
“A single mother (‘Susie’) who is also a survivor of domestic abuse is taking the Legal Aid Agency (‘LAA’) and Ministry of Justice (‘MoJ’) to the High Court in London on 7 March for refusing to grant her legal aid she needed to enforce a child custody arrangement. If the challenge to the LAA and…” continue reading
Source: The Guardian
If you have been a victim of domestic abuse and are seeking help and advice then our domestic abuse solicitors are here for you. Contact us in confidence by calling us on 020 7608 1227 or, contact us online through our website or, you can email us at mail@goodmanray.com.
Domestic Abuse FAQs
Legal aid eligibility depends on factors such as income, savings, and the type of legal issue. Survivors of domestic abuse may qualify if they cannot afford legal representation.
Yes. Individuals can appeal or judicially review a refusal of legal aid if they believe the decision was unlawful or failed to consider their circumstances.
In some cases, the Legal Aid Agency may consider a child’s living arrangements. However, the High Court has ruled that such factors must be assessed fairly, especially in domestic abuse situations.
