Amendments to regulations 33 and 34 of the Civil Legal Aid (Procedure) Regulations were laid before Parliament on 27 March 2014. They will come into force on 22 April 2014.
The regulations will allow access to legal aid for private children matters, finance and divorce where there is evidence that:
- the other party is on police bail for a DV offence (although legal aid will be withdrawn if the person is not charged)
- entry to a refuge was refused because of a lack of accommodation
- referral by a health professional to a specialist support service
- domestic violence protection notices and orders
- binding over for a DV offence
Clients will no longer have to be admitted to a refuge for 24 hours where they are admitted. The evidence from medical professionals and MARACs will also be broadened slightly.
In relation to children at risk of abuse, evidence will include where the party is identified as on bail for a child abuse offence.
Legal Aid Handbook 
Do we now think this is intra vires the 2012 Act? – David Burrows
David Burrows Solicitor advocate, trainer and writer Kemp House, 152 City Road, LONDON EC1V 2NX Tel 07968 799 972 @dbfamilylaw
I have a look at Sch1 paras 12 and 13 and it looks OK to me.
And LASPO s12(3)(g) allows regs to be made requiring applicants to provide evidence before a determination is made
I want to know how the withdrawal,part will work, often the victim is not even told there will be no charge and bail finishes, do we have a duty to keep checking then tell the LAA?
Good point Wendy – I’ll see what I can find out from the LAA
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