Where the Applicant seeks Legal Aid in relation to a matter arising out of a family relationship between the Applicant and another where:

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Preston Johns
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1 HIGGINS MILLER SOLICITORS FAMILY LEGAL AID EVIDENCE REQUIREMENTS FOR PRIVATE FAMILY LAW MATTERS For family cases involving divorce, children or financial issues Legal Aid is often only available if certain requirements are met. The requirements are detailed. We have summarised them below: To assist you in obtaining the evidence required there are standard letters available: Where the Applicant seeks Legal Aid in relation to a matter arising out of a family relationship between the Applicant and another where: A) There has been or is a risk of domestic violence between the Applicant and the other; and B) The Applicant was or is at risk of being the victim of that domestic violence. Domestic violence is defined as any incident, or pattern of incidents, of controlling, cohersive or threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional) between individuals who are associated with each other. The evidence that the Legal Aid Agency require must show, unless otherwise stated, that the Applicant for Legal Aid was or is at risk of being a victim of domestic violence from the other party in the case which arises from a family relationship between the Applicant and the other party. It is proven by one of the following: A) Relevant unspent conviction for a domestic violence offence, proven by one of the following: Memorandum of conviction from the Magistrates Court. Certificate of conviction from the Crown Court. Formal written confirmation on Police or CPS (or equivalent) letterhead or from a PNN.Police.UK address. Newspaper clippings in regard to the case.

2 The applicant is the victim where the victim is named. The opponent is named as the person convicted. It is for a relevant to domestic violence offence. The conviction is unspent. B) A relevant Police caution for a domestic violence offence given within the 24 month period immediately preceding the date of the application for Civil Legal Services, proven by one of the following: A formal caution. Formal written confirmation on Police letterhead or from a PNN.Police.UK address. The applicant is the victim where the victim is named. The opponent is named as the person cautioned. It is for a relevant domestic violence offence. The date of the caution is within 24 months immediately preceding the Legal Aid application. C) Evidence of relevant criminal proceedings for a domestic violence offence which have not been concluded, proven by one of the following: A copy of the Charge Sheet from the Police. A document from the Police confirming that the case has been listed. Formal written confirmation on Police or CPS (or equivalent) letterhead or from a PNN.Police.UK address. Newspaper clippings in regard to the case. The applicant is named as the victim where the victim is named. The Opponent is named as the perpetrator. It is for a relevant domestic violence offence.

3 D) A relevant protective injunction which is in force or which was granted within the 24 month period immediately preceding the date of the application for Civil Legal Services, proven by one of the following: Court sealed Order containing a relevant protective Injunction. The applicant is named as the protected party. The Opponent is named as the person whom the Injunction was made against. In addition to one of the following: Protective Injunction is in force at the time of the Legal Aid Application or The date of the Order is within 24 months immediately preceding the Legal Aid application. E) An undertaking given in England and Wales under Section 46 or 63 E of the Family Law Act 1996 (or given in Scotland or Northern Ireland in place of a protective Injunction) i) By the individual (B) within whom the Applicant for Civil Legal Aid Services (A) was in a family relationship giving rise for the need for the Civil Legal Aid Services which are the subject of the application. ii) Within the 24 month period immediately preceding the date of the application for Civil Legal Aid Services, provided that a cross undertaking was not given by (A) General form of Undertaking (currently N117). Any other documents sealed by the Court. Applicant is named as victim. Opponent is named as the perpetrator.

4 Undertakings under appropriate Section/Act England and Wales Section 46 or 63 E of the Family Law Act 1996 (or given in Scotland or Northern Ireland in place of protective Injunction) The date of the Undertaking is within 24 months immediately preceding Legal Aid application. A cross Undertaking has not been given by the applicant. F) Evidence that the opponent is on relevant police bail for a domestic violence offence, proven by one of the following: Copy charge sheet from the police. Formal written confirmation on Police or CPS (or equivalent) letterhead or from a PNN.Police.UK address. The Opponent is named as the perpetrator It must relate to a relevant domestic violence offence G) A letter from the person appointed to Chair a Multi-Agency Risk Assessment Conference (MARAC) confirming that: i) The applicant (A) was referred to the conference as a victim of domestic violence and ii) The conference has within the 24 month period immediately preceding the date of the application for Civil Legal Aid Services, put in place a plan to protect (A) from a risk of harm by (B) Letter from any person who is a member of MARAC; or Report from any person who is a member of MARAC; or from any person who is a member of MARAC

5 Applicant is named as victim. Opponent is named as perpetrator. A plan was put in place within 24 months immediately preceding Legal Aid Application. H) A copy of a finding of fact, made in proceedings in the United Kingdom within the 24 month period immediately preceding the date of the application for Civil Legal Services, that there has been domestic violence by (B) giving rise to a risk of harm to (A). Proven by: A Court document. Applicant named as the victim. The Opponent named as the perpetrator. The finding of fact was within 24 months immediately preceding Legal Aid Application. I) Letter or report from a health professional who has access to medical records of the applicant confirming that the professional: i) Has examined (A) within the 24 month period immediately preceding the date of the application for civil legal services; ii) Was satisfied following that examination that (A) had injuries or a condition consistent with those of a victim of domestic violence and; A letter from a health professional on letterhead (medical practitioner who holds a license to practice, nurse, midwife or psychologist). A from an NHS.net address including either: i) General Medical Counsel Reference Number or ii) Nursing and Midwifery Counsel Pin Number.

6 iii) Health and Care Professions Council registration number The applicant is named as victim. The medical assessment was within 24 months immediately preceding Legal Aid Application. The injuries or condition were consistent with those of a victim of domestic violence. J) A letter from a Social Services Department in England or Wales (or its equivalent in Scotland or Northern Ireland) confirming that: Within the 24 month period immediately preceding the date of the application the applicant was assessed as being, or at risk of being a victim of domestic violence by the opponent. A letter from a Social Services Department (or equivalent) on letterhead. An assessment from a Social Services Department (or equivalent) or An from a Social Services Department (or equivalent) address e.g. gov.uk or hscni.net The applicant is named as victim The Opponent is named as perpetrator The assessment was within 24 months immediately preceding the Legal Aid Application. K) A letter or report from a domestic violence support organisation in the United Kingdom confirming: i) That the applicant (A) was within the 24 month period immediately preceding the date of the application for Civil Legal Services (where relevant that period commences when A leaves) admitted to a refuge established for the purposes of providing accommodation for victims of, or those at risk of, domestic violence.

7 ii) iii) The dates on which (A) was admitted to and, where relevant, left the refuge. That (A) was admitted to the refuge because of allegations by (A) of domestic violence. Letter from a Refuge on letterhead or from a Refuge identifying which domestic violence support organisation it is from. The applicant is named as victim. The admission to the Refuge was within 24 months immediately preceding Legal Aid Application. L) A letter or report from a domestic violence support organisation in the United Kingdom confirming: i) That the applicant (A) was within the 24 month period immediately preceding the date of the application for Civil Legal Services, refused entry to a refuge established for the purpose of providing accommodation for victims of, or those at risk of, domestic violence, on account of there being insufficient accommodation available in the refuge; and ii) The dates on which (A) was refused admission to the refuge and the reason for that refusal. Letter from a Refuge on letterhead or from a Refuge identifying which domestic violence support organisation it is from. The applicant is named as victim who sought refuge within the preceding twenty four months.

8 The reason for refusal which must be insufficient accommodation available at the refuge. M) A health professional referral to a domestic violence support service from: i. The person to whom the referral described below was made ii. iii. The health professional who made the referral described below A health professional who has access to the medical records of the applicant Confirming that there was in the 24 months preceding the date of the application for legal aid a referral by a health professional of the applicant to a person who provides specialist support or assistance for victims of, or those at risk of, domestic violence. Letter from a domestic violence support service on letterhead or from a domestic violence support service identifying which domestic violence support service it is from or Letter or report from a health professional on letterhead from a health professional identifying which organisation it is from The applicant is named as victim. The referral is from a health professional. The referral is to an organisation that provides specialist support or assistance for victims, or those at risk of, domestic violence The date of the referral was within 24 months immediately preceding the legal aid application. N) A relevant Domestic Violence Protection Notice or relevant Domestic Violence Protection Order granted against the opponent within the 24 months immediately preceding the application for legal aid:

9 Court document detailing the notice or order A copy of the charge sheet from the police or A copy document from the court confirming that the case has been listed or Formal written confirmation on police or CPS (or equivalent) letterhead or from a pnn.police.uk address The applicant is named as the protected party. The opponent is named as the person whom the notice or order was made against. The date of issue is within 24 months immediately preceding the legal aid application. In respect of the notice only, where the issue date is more than 48 prior to the application this must be accompanied by evidence that the notice has been stayed or that an order has been granted O) Evidence of a relevant court order binding over the opponent in connection with a domestic violence offence, which is in force or was granted in the 24 months immediately preceding the date of the application for legal aid: Formal document from the court or Formal written confirmation on police or CPS (or equivalent) letterhead or from a pnn.police.uk address The applicant is named as victim. The respondent named as the person bound over. Relevant domestic violence offence.

10 Where the applicant seeks Legal Aid for relevant Orders or procedures where the child is or would be the subject of the Order is at risk of abuse from another individual (not the Applicant). Abuse of a child includes: Violence, neglect, maltreatment and exploitation or a person who is under the age of 18. The evidence must show, unless otherwise stated, that the applicant is seeking to protect a child from the risk of abuse from the other party to the proceedings. It is proven by one of the following: A) A relevant unspent conviction for a child abuse offence Memorandum of conviction from Magistrates Court. Certificate of conviction from the Crown Court. Formal written confirmation on Police or CPS (or equivalent) letterhead or from a PNN.Police.uk address. Newspaper clippings in regard to the case. Opponent named as person conviction. Relevant child abuse offence. Conviction is unspent. B) A relevant Police Caution for a child abuse offence given within the 24 month period immediately preceding the date of the application for Civil Legal Services Formal caution Formal written confirmation on Police letterhead or from a PNN.Police.UK e- mail address.

11 Opponent named as the person cautioned. For a relevant child abuse offence. The date of the caution is within 24 months immediately preceding the Legal Aid Application. C) Evidence of relevant criminal proceedings for a child abuse offence which have not concluded A copy of the Charge Sheet from the Police. A document from the court confirming that the case has been listed. Formal written confirmation on Police or CPS (or equivalent) letterhead or from a PNN.Police.UK address. Newspaper clippings regarding the case. Opponent named as the person charged with the offence. Relevant child abuse offence. D) A relevant protective Injunction which is in force which was granted within the 24 month period immediately preceding the date of the application for Civil Legal Services Proven by: Court sealed Order containing relevant protective Injunction. The child named as a party your applicant is seeking to protect. The Opponent named as the person whom the Injunction was made against. The protective Injunction is in force at the time of the Legal Aid Application or: The date of the Order is within 24 months immediately preceding the Legal Aid Application.

12 E) A copy of the finding of fact made in proceedings in the United Kingdom within the 24 month period immediately preceding the date of the application for Civil Legal Services, of abuse of a child by (B). Proven by: A court sealed document. The Opponent named as perpetrator The finding of fact was within the 24 months immediately preceding the Legal Aid Application. F) Evidence that the opponent is on relevant police bail for a child abuse offence. Proven by: A copy of the charge sheet from the police Formal written confirmation on Police or CPS (or equivalent) letterhead or from a PNN.Police.UK address. The Opponent named as perpetrator Relevant child abuse offence. G) A letter from a Social Services Department in England or Wales (or its equivalent in Scotland or Northern Ireland) confirming that within the 24 month period immediately preceding the date of the application, the child was assessed as being, or at risk or being, a victim of child abuse by the opponent. A letter from a Social Services Department (or equivalent) on letterhead or An assessment report from a Social Services Department (or equivalent) or

13 An from a Social Services Department (or equivalent) address e.g. gov.uk or hscni.net. The child named as the party the applicant seeks to protect. The Opponent is named as the perpetrator. The Assessment is within 24 months immediately preceding the Legal Aid Application. H) A letter from a Social Services Department in England and Wales (or its equivalent in Scotland or Northern Ireland) confirming that within the 24 month period immediately preceding the date of the application, a child protection plan was put in place to protect the child from abuse or risk of abuse by the opponent A copy of a Child Protection Plan from a Social Services Department (or equivalent); or A letter from a Social Services Department (or equivalent on letterhead) confirming a plan was in place; or An from a Social Services Department (or equivalent) address e.g. gov.uk or hscni.net confirming a plan was in place. The child is named as the party the applicant is seeking to protect. The Opponent is named as perpetrator. The plan was put in place 24 months immediately preceding the Legal Aid Application. I) An Application for Injunction described in paragraph (2)(D) made with an Application for Prohibited Steps Order against (B) under Section 8 of the Children Act 1989 which has not at the date of the Application for Civil Legal Services been decided by the Court. Proven by:

14 i) In respect of the protective injunction application: Application for relevant Order. The child named as the party your applicant is seeking to protect. The Opponent is named as the person against whom the Injunction is requested. The date of the application is within 24 months immediately preceding the Legal Aid Application. ii) In respect of the Prohibited Steps Application (PSO): Application for PSO The Opponent named as the person against whom the PSO is made. The date of the application is within 24 months immediately preceding the Legal Aid Application. If you would like further information then please contact us: Telephone: Follow us on Facebook: Higgins Miller Family Lawyers Higgins Miller Solicitors Ltd, 49 Middle Hillgate, Stockport, SK1 3DL

PRACTICE DIRECTION 3A FAMILY MEDIATION INFORMATION AND ASSESMENT MEETINGS (MIAMS)

Summary PRACTICE DIRECTION 3A FAMILY MEDIATION INFORMATION AND ASSESMENT MEETINGS (MIAMS) 1 The purpose of this Practice Direction is to supplement the MIAM Rules in the Family Procedure Rules and to set