Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps she is taking to ensure legal aid is accessible to people using the family courts in the North West.

With regards to scope, in private family proceedings, legal aid is available for matters such as child arrangements, financial remedy proceedings and divorce if an individual is a victim of domestic abuse or is at risk of being abused.

Legal aid is also available in certain private family proceedings if a child is a victim of child abuse or at risk of abuse. Funding is subject to providing the required evidence of domestic abuse or child abuse as specified in legal aid legislation and meeting the relevant merits and financial eligibility criteria.

A financial eligibility waiver is available for victims of domestic abuse applying for protective injunctions, such as non-molestation orders, which means they can receive legal aid even if they would not otherwise pass the means test, though they may be required to pay a financial contribution towards their legal costs.

In public family proceedings, means-free legal aid is available for parents, those with parental responsibility, and children in public family law special Children Act’s cases, including care proceedings and adoption proceedings under the Children Act 1989 as well as in related proceedings.

Legal aid funded services are provided by independent organisations who hold contracts to carry out legal aid work. The Legal Aid Agency (LAA) is responsible for the commissioning and procurement of these contracts. The LAA is satisfied that there is adequate supply of family law services in the North West of England.