Legal Aid rejected

Aloneandconfused11 · 2023-08-23T08:58:06+00:00

Hi, My legal aid application has been rejected and I’m so confused as to why. My solicitors have asked lots of questions about mediation (all of which I tried to do but my abusive ex cancelled). I have asked my solicitors to ask why it’s been rejected but they have yet to get back to me. They said they may appeal it depending on my answers. Has anyone had appealed and got legal aid in the end? Thanks

Bromptotoo · 23/08/2023 10:26

What is the issue you're getting advice for?

I'm guessing it's relationship/abuse but can you confirm?

On what grounds has it been rejected?

Original poster

Aloneandconfused11 · 23/08/2023 10:36

Bromptotoo · 23/08/2023 10:26

What is the issue you're getting advice for?

I'm guessing it's relationship/abuse but can you confirm?

On what grounds has it been rejected?

Hi, it’s for my divorce. There was abuse and I think I have a lot of proof of it. Police involvement, videos of abuse, solicitors agreeing and seeing abuse too. I don’t know why it has been rejected but my solicitor has asked a lot of questions about mediation, so I’m assuming the legal aid board don’t believe we’ve tried mediation enough but I’ve tried twice and my ex has cancelled twice.

OP posts:

YouHoooo · 23/08/2023 10:40

There’s a financial criteria as well as needing to prove abuse - is it that?

Bromptotoo · 23/08/2023 11:33

As @YouHoooo says we need to know why your application was rejected.

Since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 came into effect, there is generally no legal aid for divorce etc. There is an exception though where, as here, violence/abuse etc are alleged and there is evidence - eh police reports.

There was, at least at the outset, a lot of evidence - way beyond anecdotal - that the bar for showing abuse was being set absurdly high. That's supposed to have been addressed but it's no surprise if it's still more difficult than it should be.

Mediation is another thing, reasonable expectation with reasonable people, that can mess things up.

I'd suggest you ask your solicitor for an explanation of why you were rejected. At a one sentence level it should be straightforward though the detail will be anything but.

Original poster

Aloneandconfused11 · 23/08/2023 13:43

Bromptotoo · 23/08/2023 11:33

As @YouHoooo says we need to know why your application was rejected.

Since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 came into effect, there is generally no legal aid for divorce etc. There is an exception though where, as here, violence/abuse etc are alleged and there is evidence - eh police reports.

There was, at least at the outset, a lot of evidence - way beyond anecdotal - that the bar for showing abuse was being set absurdly high. That's supposed to have been addressed but it's no surprise if it's still more difficult than it should be.

Mediation is another thing, reasonable expectation with reasonable people, that can mess things up.

I'd suggest you ask your solicitor for an explanation of why you were rejected. At a one sentence level it should be straightforward though the detail will be anything but.

Hi, thank you for this information. I’m awaiting an update from my solicitor but I’ve heard nothing.

My financial situation is that I don’t work currently, I’m on UC and I have very minimal money behind me. Financially I’m not well off and don’t have enough to even pay for the legal aid when that time comes but my solicitors (and other solicitors I’ve spoken to) were all so sure I’d get it because of my circumstances.

OP posts:

Catsafterme · 01/09/2023 09:00

Hey, did you manage to get a response from your solicitors as to why it was rejected yet?

I'm not sure what the bar is in terms of evidence, whether you need only one form of evidence that's set out or if you need multiple of those.

gradistar · 01/09/2023 09:12

I work in legal aid. You have to pass a means and merits test. Unless you have significant savings, then it's likely you didn't pass the merits test. Family law has very strict criteria. It may just be that the legal aid agency thought there wasn't enough merit in your application, enough risk to you or that they could justify funding mediation or proceedings for whatever reason.

gradistar · 01/09/2023 09:14

Also, they are not really funding divorce anymore. There's just not enough money.

Catsafterme · 01/09/2023 09:17

@gradistar I'm not seeking legal aid but I had a look at the evidence requirements for OP and to me it doesn't make it clear how much of those you would need. I would presume a conviction would hold weight but it also says, for example, a letter from GP or a letter from an agency.

Is say a letter alone enough or do they require like, evidence across the board that shows there's abuse?

Bromptotoo · 01/09/2023 10:27

So far as I can see the situation right now is that @Aloneandconfused11 is struggling to get her lawyers to explain why legal aid was rejected ie was it money, merit or some issue to do with whether required process steps (mediation?) are in place.

gradistar · 01/09/2023 19:12

Catsafterme · 01/09/2023 09:17

@gradistar I'm not seeking legal aid but I had a look at the evidence requirements for OP and to me it doesn't make it clear how much of those you would need. I would presume a conviction would hold weight but it also says, for example, a letter from GP or a letter from an agency.

Is say a letter alone enough or do they require like, evidence across the board that shows there's abuse?

A letter from a GP is not enough on its own. We ask for letters all the time from GPs but they are supportive evidence, not substantive evidence. They are not enough to convince the legal aid agency to grant substantive funding - the threshold is very very high for family law and is usually reserved for child care proceedings/action, domestic violence, non mol orders.