Can You Get Legal Aid for Care Proceedings in Family Court?

If you are involved in care proceedings in family court, then we understand how stressful and difficult of a time this can be.

Legal Aid is a government body that can provide monetary funds for people who are involved in cases within courts, such as care proceedings – which could be a great financial help to you throughout this difficult time. However, not everyone may be eligible to receive funds from legal aid for care proceedings.

Find out below whether you could be eligible to receive legal aid for care proceedings in family court.

What Are Care Proceedings?

When a Local Authority has concerns about the welfare of a child, they can make an application to Court for orders to allow them to step in to protect the child, these are known as care proceedings.

What Determines If I Can Get Legal Aid for Care Proceedings?

Legal Aid is automatically available for the parents of the child involved in care proceedings and anyone who has parental responsibility. This is to ensure that the parents or carers can receive legal representation during the course of the proceedings.

Any other party who is joined to the proceedings such as a grandparent or stepparent does not automatically receive legal aid funding. These parties can still apply for legal aid, but it is tested on a ‘means and merits’ basis.

This means that the Legal Aid Agency take into consideration your finances as well as your reasons for being added to the proceedings to determine whether to grant public funding. Both of these tests must be satisfied for legal aid to be granted.

Means Test (Financial Eligibility)

If you are a parent of the child made subject to the care proceedings, your income will not be taken into consideration when an application for legal aid is made on your behalf.

For other parties joined to the proceedings, your income and other finances are taken into consideration when a legal aid application is made. To be financially eligible for legal aid, the Legal Aid Agency sets three benchmarks:

Gross income (income before tax and deductions) cannot exceed £2,657 per month
Disposable income (income after tax and deductions) cannot exceed £733 per month
Disposable capital cannot exceed £8,000

If you are being joined to the proceedings and you are married or in a civil partnership, your partner’s income will also be taken into consideration when determining whether these limits have been met. If any of these limits are exceeded, legal aid will not be available.

Merits Test

If you are financially eligible for legal aid, the Legal Aid Agency will then require an assessment of the merits of the case. The Legal Aid Agency ask for a statement of why you are being joined as a party to the proceedings and what outcome you are seeking.

The Legal Aid Agency require there to be a 50%+ chance of success of the outcome you are seeking for legal aid to be granted.

Can Best Solicitors Help Me Apply for Legal Aid for Care Proceedings?

If care proceedings have been issued, or you have been invited to join existing proceedings, Best Solicitors can help you with making an application for Legal Aid and representing you throughout your case and discuss the options available to you. Send us a message to find out more.

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