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Legal aid refused!!!

12 replies

Unfairandsad · 19/04/2018 19:04

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 Sad

OP posts:
Unfairandsad · 19/04/2018 19:12

Sad anyone

OP posts:
MrsBertBibby · 19/04/2018 20:33

Did the solicitor say what reason was given?

Ginger1982 · 19/04/2018 20:35

Surprised you don't qualify if in receipt of passport benefit. Has it been refused on merits as opposed to finance?

MrsBertBibby · 19/04/2018 20:41

There is still a capital test for those on what used to be passporting benefits.

Or you've failed on merits.

Unfairandsad · 19/04/2018 20:43

Sorry have posted in other thread too, as was looking for answers.

It seems to be pointing at evidence rather than financial.

I don't know why I was refused I didn't get told.
Just that they are going to appeal it

OP posts:
MrsBertBibby · 19/04/2018 20:51

Several years since I packed in legal aid, but I reckon they refuse loads just on the off chance people go away without appealing.

Hang on in there.

Unfairandsad · 19/04/2018 20:54

Thank you. I hope it goes through.

OP posts:
Jon66 · 19/04/2018 20:59

Did you provide appropriate evidence that you are in receipt of income support, income based esa or universal credit? Dated within the last month? Sorry needing more information. Try not to panic, it may be fine. It takes a while to get this stuff sorted out, but you'll be fine either way.

pepperpop · 19/04/2018 21:02

If you're on passported benefits it checks against your NI number and you should therefore have had no issue on the financial part, it must be merits.

They do refuse LA for silly reasons sometimes and it's quite often granted after appealing. As PPs have said, hang in there! Good luck Thanks

Unfairandsad · 19/04/2018 21:06

Solicitor got all the evidence themselves, from benefit office so don't think it will be that.

OP posts:
Jon66 · 20/04/2018 01:49

The law changed in January to improve the chances of getting legal aid for family matters where there is abuse. The evidence that was required prior to that was quite onerous. There is still a requirement of evidence from a third party like women's aid or a go from whom you have sought help and advice. From 8 January 2018, evidence provided by domestic violence support organisations or housing support officers as part of an application for legal aid in disputed family court cases should include:a statement that in the letter writer’s reasonable professional opinion, the applicant is a victim of domestic violence or at risk of being a victim;the matters relied on in support of that opinion;and a summary of the support the individual or organisation provided following the determination.Evidence of the alleged abuser’s abuse against previous partners or family members will also be accepted evidence of an applicant’s legal aid eligibility.The Legal Aid Agency can withdraw funding in the event that evidence of domestic violence is proven to be false. My guess is the evidence provided was not sufficiently clear and your solicitor will clarify that as part of the appeals process. It was a real problem before the law change which followed a judicial review. Should be a bit better now as those changes filter down.

Sunshineintheclouds · 16/05/2018 17:12

Anyone now if the time limit for evidence has been removed? I have been given conflicting advice about it Confused

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