Changes to Legal Aid – Care

Changes to Legal Aid for Care Matters

Changes to Legal Aid came into force on the 1st May 2023 which mean that more people can now get legal aid for family matters that are in Court. At JNP Legal we have a highly experienced team who have experience on the full range of potential orders, and we can provide you with advice and assistance on getting legal aid.

 

Special Guardianship Orders

A Special Guardianship Order (SGO) is when someone who is caring for the child wants to get an order from the Court formalising this arrangement.

 

This application means that they have an order that they share parental responsibility with the parents of the children and can make decisions that overrule them. The local authority must have completed a report on the carers for them to apply.

 

Carers can be assessed to by the Local Authority during Care Proceedings but can also do this outside of Care Proceedings.

 

If you are a parent and someone is applying for a Special Guardianship Order over your child, and you want legal aid:

 

You must have parental responsibility for the child who is subject to the order, and you must oppose the making of the Order

 

You are not required to provide evidence of your income or eligibility.

 

If you are a carer who is applying for a Special Guardianship Order over a child in your care:

 

You are required to pass a merits test that your prospects of success are 50% or better.

 

You also are also required to demonstrate that you earn below a certain amount, which is the means test. You must pass both of these tests before you can qualify for legal aid.

 

To summarise, this test is: you must have savings below £8000.00 and your disposable monthly income must not exceed £733.

If you would like more information on this please contact our client services team today on 01685 350421.

 

Adoption Orders

 

This is when the person who wants to adopt the child has made an application to adopt and the parents have been notified.

 

If you are a parent and someone is applying for an Adoption Order over your child, and you want legal aid:

 

You must have parental responsibility for the child who is subject to the order, and you must oppose the making of the Order.

 

You are not required to provide evidence of your income or eligibility.

 

If you would like more information on this please contact our Client Services Team on 01685 350421.