Legal Aid Agency
Changes to family legal aid start to take effect on 1 March 2023 with an extension of means free legal aid in some public family law cases.
A new option for domestic abuse assessments is also being made available.
Public family law changes
The scope of means free legal aid is being extended for both parents and those with parental responsibilities. The extension applies when opposing applications for placement and adoption orders in public family law proceedings involving local authorities.
This rules change brings the merits test in line with cases covered by the Special Children Act 1989.
Providing evidence of domestic abuse
Applicants now have the option of having domestic abuse assessments carried out by health professionals over the telephone or by video conference.
This is a new alternative to an examination in person when a report or letter is needed as supporting evidence of domestic abuse. It takes effect from 1 March 2023.
Other changes in pipeline
New rules are being introduced affecting the scope of family legal aid in relation to special guardianship orders (SGOs) for family private law proceedings. This is due to take effect from 1 May 2023. We will issue further communications about this nearer the time.
Where can I find out more?
Amendments to the civil legal aid regulations are available to view and we have updated the appropriate guidance on GOV.UK.
This guidance includes details of the new family law proceedings codes which have been built into the Client and Cost Management System (CCMS).
Further information
LASPO 2012 (Legal Aid: Family and Domestic Abuse) (Miscellaneous Amendments) Order 2023 rule changes available to view here
Legal aid guidance: civil domestic abuse rules change is covered in updated evidence requirements for private family law matters guidance
Civil legal aid application forms: supporting guidance CCMS codes to use relating to public family law changes can be found in the post-April 2013 guidance document (third attachment)
Legal aid guidance: Lord Chancellor see Lord Chancellors guidance (under section 4 of LASPO), which has also been updated to take account of