Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what recent assessment she has made of the adequacy of legal aid provision for parents of children who are or may be deprived of their liberty.

Legal aid is fundamental to a fair justice system, underpins the rule of law, and facilitates access to other public services across government. We are committed to a well-functioning legal aid system, and one which aids in the smooth running of the justice system. For this reason, we keep the adequacy of all legal aid provision, including for deprivation of liberty and kinship carers, under regular review.

Individuals may be eligible for legal aid where a child is, or may be, subject to deprivation of liberty proceedings under section 25 of the Children Act 1989 (Secure Accommodation Order) or under the Inherent Jurisdiction of the High Court (Deprivation of Liberty Order). This is subject to meeting the relevant means and merits tests. Kinship carers may be eligible for legal aid in family proceedings such as Care Proceedings subject to meeting the relevant means and merits tests.

We continue to work closely with the Department for Education on these areas, including following the introduction of the Children’s Wellbeing and Schools Bill.