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Eligibility for legal Aid

  • StunnedDad
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4 years 2 months ago #479250 by StunnedDad
Eligibility for legal Aid was created by StunnedDad
Understand that someone can produce a letter from the GP that they are suffering domestic abuse to get free legal aid ?

Can GP give such a letter without investigating such serious things with the other party ? Am told it wont stand in a court of law for civil or criminal action.

Can one contest that and ensure such legal aid is not given on that basis.

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  • rubytuesday
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4 years 2 months ago #479251 by rubytuesday
Replied by rubytuesday on topic Re:Eligibility for legal Aid
Legal ad isn''t "free"; it''s a loan and has tob e paid back.

In order to provide legal advice and representation to a client in children or finance cases where there have been, or there is a risk of, domestic violence then the Civil Legal Aid (Procedure) Regulations require that a client MUST obtain one of the following pieces of evidence before they are eligible for civil legal services (set out in Regulation 33):
1. Relevant unspent conviction for a DV offence

2. Relevant police caution for a DV offence given within the twenty four month period immediately preceding the date of the application

3. Evidence of relevant criminal proceedings for a DV offence which have not concluded
4. Relevant protective injunction which is in force or which was granted within the twenty four month period immediately preceding the date of the application

5. Undertaking given in England and Wales provided that there is not a cross-undertaking

6. Letter from chair of a multi-agency risk assessment conference (MARAC) that they were referred as a high risk victim of dv and that the conference took place within the twenty four month period immediately preceding the date of the application

7. Copy of a finding of fact, made in proceedings in the United Kingdom within the twenty four month period immediately preceding the date of the application

8. Letter or report from a health professional they have examined the client within the twenty four month period immediately preceding the date of the application and they had injuries or a condition consistent with those of a victim of domestic violence

9. Letter a social services department confirming that, within the twenty four month period immediately preceding the date of the application, A was assessed as being, or at risk of being, a victim of domestic violence by B

10. Admission to a domestic violence support organisation for a period of at least 24 hours within the twenty four month period immediately preceding the date of the application

The client would still be required to meet the usual means (financial) and merits criteria.

Do you believe your wife isn''t eligible for legal aid? Remember, Domestic Violence now includes coercive control (which may be open to interpretation). If you successfully manage to prevent her from obtaining LEgal Aid, you would be preventing her from her right to legal representation. There are very few successful legal aid applications, so just because she''s applied doesn''t mean she will be awarded legal aid.

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  • StunnedDad
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4 years 2 days ago #482267 by StunnedDad
Replied by StunnedDad on topic Re:Eligibility for legal Aid
Ruby,

I think she is getting legal aid because the fee earning para legal has been identified in an email that was sent through to me by her solicitors . Is there a way to find out if she is getting legal aid. I know she wanted it badly and tried every trick in the book.

Also is there an income criteria to all this ?

Also how does one find out what level of legal aid she is getting.

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  • rubytuesday
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4 years 2 days ago #482268 by rubytuesday
Replied by rubytuesday on topic Re:Eligibility for legal Aid
I don't follow your logic. Paralegals don't just do legal aid work - in family law most fee earning Paralegals will have private clients rather than legal aid cases which are a bit thin on the ground in private law cases.

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  • StunnedDad
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4 years 11 hours ago #482347 by StunnedDad
Replied by StunnedDad on topic Re:Eligibility for legal Aid
Apologies in my understanding perhaps that doesnt mean much to wether legal aid is being given. How do I know if one is getting legal aid and to what level. Can i just ring them directly ?

Dispute under what grounds it was given etc.

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4 years 11 hours ago #482349 by rubytuesday
Replied by rubytuesday on topic Re:Eligibility for legal Aid
Why do you need to know ?

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  • StunnedDad
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4 years 11 hours ago #482350 by StunnedDad
Replied by StunnedDad on topic Re:Eligibility for legal Aid
I believe LA is being obtained by false claims and false representation of her situation. Thats not a proper use of tax payer money to say the least. And more selfishly want to understand what and how is she using the public funds to fight me.

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