Legal Aid for Children Matters
Reasons to choose Wilson Browne
On this page:
Care and PLO Proceedings / Public Law
Legal aid is available automatically for cases where the Local Authority (social services) are applying to take children into care. Parents or those with parental responsibility are entitled to free legal aid in these cases no matter what their income or savings.
Legal aid is also available automatically for anyone who holds parental responsibility for a child if an application for a Special Guardianship Order has been made in respect of that child.
Automatic legal aid (called legal help) is available for PLO (public law outline) pre-court proceedings where the Local Authority (social services) are working with parents to try and prevent court proceedings being issued.
Other Public Law Proceedings
It is possible to get legal aid for other types of proceedings that involve social services such as applications for contact with children in care and discharging care orders. This legal aid is not automatic and depends on clients satisfying the means test (low enough income, capital and savings) and the merits test (prospects of success and benefits to the child). Our child care team would be happy to carry out a means and merits assessment over the phone to see if you qualify for legal aid for these cases.
Private Law Proceedings
In some circumstances legal aid is available for private children disputes between parents such as where a child should live or how much time they should spend with the non resident parent. Clients will need to pass the means test (low income, capital and savings). Legal aid for private children disputes is only available if evidence can be provided of domestic abuse or there are child protection issues. Our child care team would be happy to discuss this further and provide examples of the types of evidence required by the Legal Aid Agency.
Non Molestation Orders & Occupation Orders
Legal aid is available for applications for non molestation orders (also known as injunctions) and occupation orders for applicants who satisfy the means test (low income, capital and savings). Legal aid is not available for respondents to non molestation applications. Please contact our child care team for further discussions around legal aid eligibility.
We have offices in Northampton, Leicester, Kettering, Corby, Wellingborough and Higham Ferrers. We are happy to see clients face to face at any of those offices and also by video call if that is more convenient.
Posted:
Lauren May
Trainee Solicitor
Lauren is a member of the Childcare and Adoption Team. She has experience in working with parents and Guardians involved in care proceedings and also supports the team in adoption and private law cases where the children are made parties.