Adam Smith, Senior Associate, discusses the recent changes in non-means and non-merits tested Legal Aid Funding for Public Family Law (Child Care and Child Protection Proceedings).

Last month, the Legal Aid Agency has brought more people into scope of Legal Aid for the first time in a significant period – to cover respondents to freestanding applications for Placement Orders, and applications for final Adoption Orders.

It has always been the case that when a Local Authority Children (Social Services) Department brought an application for a Care or Supervision Order in respect of a child, that child’s parents and anybody with parental responsibility for the child would be entitled to non-means and non-merits tested Legal Aid.  However, this has now been extended to situations where:-

• The parents are opposing the making of an order that their child should be ‘put up’ for adoption (applications for a Placement Order)

• They are opposing (or seeking permission to oppose) the making of an Adoption Order itself, when an application is brought by the adoptive parents to make the adoption final. 

Often, Local Authorities applied for Placement Orders and Care Orders at the same time, so legal aid funding could cover both. However, the new funding will cover situations where a child that is already under a Care Order might have their Care Plan changed to become “adoption” later down the line.  It will also give parents one last opportunity to explain to the Court why their child should not be adopted at the point that the final adoption application is made.

This Legal Aid funding always used to be subject to a strict means and merits test but will now be available to anybody, on a non-means and non-merits tested basis.  In short, it does not matter how much money you have or how good or bad the case is, you should be able to get free legal representation if you oppose the application. 

There is a pending increase in Legal Aid funding concerning Special Guardianship as well as for parents who are trying to oppose the making of a Special Guardianship Order.  However, these changes will not come online until May.

If you would like to discuss whether your case may be eligible for non-means and non-merit tested Legal Aid, under the new rules or the old ones, then please do contact Adam Smith on ats@blasermills.co.uk, 01923 725013 to explore your options.

You can read the Legal Aid Agency update here.