Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many and what proportion of prospective kinship carers joined as parties to care proceedings were granted legal aid, in each year since 2016.
Applications for legal aid by prospective special guardians in private law proceedings:
Financial year | Certificates Granted | % Granted | Average Costs (£) |
2016-17 | 131 | 71% | 1,830 |
2017-18 | 145 | 77% | 1,874 |
2018-19 | 125 | 70% | 2,000 |
2019-20 | 183 | 79% | 2,887 |
2020-21 | 165 | 73% | 2,754 |
Please note that average costs are based on those cases which have billed in this period. Cases may conclude and bill in a different period from that which they were granted in.
Figures relate to applications for legal aid certificates submitted to the Legal Aid Agency. Equivalent figures for advice and assistance provided under the Legal Help scheme are not available, as the decision to grant funding at that tier rests with the solicitor providing the legal services.
Applications may not be granted for a variety of reasons, including being rejected for administrative reasons, with withdrawn or abandoned by the applicant, or not satisfying one or more of the requisite eligibility criteria.
Legal aid to obtain a special guardianship order is available, subject to means and merits tests, and evidence of either domestic violence or a risk of child abuse.
Information on applications for legal aid from non-parent parties in care proceedings for the purposes of pursuing placement of the subject child with them, or prospective kinship carers joined as parties to care proceedings, is only available at disproportionate cost.