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AIBU?

Please someone read

26 replies

Unfairandsad · 19/04/2018 19:52

Have posted twice in legal and 30 days but no traffic, if anyone can offer any advice or been in the same boat please share....

Looking for advice. I don't want to give to much information away for safety reason and I have name changed too.
I have just been informed from my solicitor that my application for legal aid has been refused. They are going to appeal this however I am now terrified I am going to have to face my court issue without help.

Please does anyone know any reason for this.

Background for application:

  • Child arrangement order ( child victim of abuse from other parent)


  • financial qualify due to passport benefit.


Could it be a mistake? Or is it possible I would not qualify with the above.

Sorry if I don't make much sense it has thrown me today
OP posts:
UpstartCrow · 19/04/2018 19:55

I'm sorry to hear that.
Have you spoken to Womens Aid?
Can you google for your nearest Law Centre? They help people who cannot afford legal advice.

I'll come back and bump your post later if no one else answers Flowers

LashingsOfHamAndGingerBeer · 19/04/2018 19:56

I could be wrong but I thought family law cases were no longer eligible for legal aid.

Unfairandsad · 19/04/2018 19:57

I'm praying it is just a sort of mistake. I really do not want to lose my solicitor. I don't see any reason why I should not qualify.
Hoping someone might know/see a reason it could be a mistake.

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Unfairandsad · 19/04/2018 19:58

There has been DV towards the child involved. I have been told it makes me qualify. Maybe it is that?

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LashingsOfHamAndGingerBeer · 19/04/2018 19:58
PaintedHorizons · 19/04/2018 20:05

www.citizensadvice.org.uk/law-and-courts/legal-system/finding-free-or-affordable-legal-help/

If you're on a low income and your case is serious, legal aid might pay some or all of your legal costs.

You might get legal aid, for example, if you or your children are at risk of domestic violence or forced marriage

If you earn over the threshold then no you won't get it. Your solicitor is in the best position to advise you and as you say he/she is already applying. Good luck.

Reluctant2ndtimer · 19/04/2018 20:08

Have a look and see if there is a law centre near you as Crow says, try on law centre network they will at least be able to advise you on your options I would think.

Unfairandsad · 19/04/2018 20:08

Thank you.
Yes they are appealing the decision I just pray it is just a mistake Sad

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nellieellie · 19/04/2018 20:11

Sorry I can’t help, but why on earth hasn’t your solicitor explained everything to you? You shouldn’t have to post here! If your child is at risk I can’t think you wouldn’t be entitled to legal aid if you have a passport benefit, but my experience is from many years ago. Can you phone your solicitor and see what s/he says re why you have been refused?

nellieellie · 19/04/2018 20:14

I think you need to show your child is at risk or has been at risk. Is this why you have been refused? Maybe legal aid board don’t 5hink there’s sufficient evidence?

Unfairandsad · 19/04/2018 20:18

I am going to speak to my solicitor tomorrow morning to hopefully get a proper update.

We'll I don't know what I could show regarding the risk. Social and police are involved but everything is in the "investigation" stage so no real evidence yet :-( I hope I qualify.

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nellieellie · 19/04/2018 20:24

The burden of proof will not be the same as required to bring criminal proceedings, so the fact that the issue has been reported, being investigated should be sufficient I’d have thought. Maybe it’s a legal aid board aberration. Sometimes they make duff decisions. Try not to worry. If you have a real issue that indicates your child may be at risk, and you qualify financially, you should be ok. Hope it goes well tomorrow. Make sure you write down all the questions you want to ask the solicitor so you understand what’s going on.

northbynorthwesty · 19/04/2018 20:25

If you get refused legal aid, in my experience they explain why. They work it out financially and explain how your disposable income is over the maximum amount. It’s not your solicitor who decides.

You can phone the legal aid people and ask (I believe)

You should have been told how much the case should cost: could you pay on a credit card?

nellieellie · 19/04/2018 20:27

Mmm, have a look at this. Evidence seems very specific.childlawadvice.org.uk/information-pages/legal-aid-if-your-child-is-at-risk-of-abuse/

SusanBunch · 19/04/2018 20:27

Yes, speak to your solicitor. In your case, LA is only available if you have suffered DV and I presume the LAA did not accept that you did. It is good that they are appealing and hopefully you will have your LA certificate soon.

Unfairandsad · 19/04/2018 20:29

I have not been told how much it will cost.

I am on a sickness benefit which is a passport benefit so I don't think it could be that.

Hopefully it gets sorted. I just want to keep everyone safe. I won't be able to handle court on my own.

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Notevilstepmother · 19/04/2018 20:29

I don’t know, but wanted to Flowers and hand hold at such a difficult time.

MoreCheerfulMonica · 19/04/2018 20:34

I wonder whether it is because your solicitor hasn't presented the sort of evidence the Legal Aid Agency is looking for. There's some information on gov.uk about the requirements. I hope your solicitor can clear this up for you tomorrow.

Notevilstepmother · 19/04/2018 20:35
Unfairandsad · 19/04/2018 20:45

I have done the checker it says I might qualify.

Not much help. I am going to have to wait till the morning. Was hoping it was just a simple mistake but maybe not Sad

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MoreCheerfulMonica · 19/04/2018 20:54

As I said, I strongly suspect that the issue here is not your financial eligibility but whether your solicitor provided evidence of the domestic abuse. The LAA is quite specific about what it wants. I hope this can be resolved for you.

Unfairandsad · 19/04/2018 20:57

Thank you.
They just said they are appealing the decision. If it is evidence then they will just refuse again unless they ask me to add something no?

Argh... At this moment in time, it is one thing after another

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CaffeineBomb · 19/04/2018 21:01

F2f I veg I vCard ff99 on. Off.c.0cmc

CaffeineBomb · 19/04/2018 21:01

Oh god sorry I don't know how that happened!

Unfairandsad · 19/04/2018 21:03

Grin might want to limit your caffeine intake in the future

CaffeineBomb

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