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08 March 2023
Issue: 8016 / Categories: Legal News , Family , Procedure & practice , Legal aid focus
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Legal aid changes for family cases

The government has extended legal aid in private and public family law cases, and changed the evidential requirements for domestic abuse.

As of 1 March, legal aid is available for both parents and those with parental responsibilities in cases concerning applications for placement and adoption orders and involving local authorities. The rules change brings the merits test in line with cases covered by the Special Children Act 1989.

Also from 1 March, where supporting evidence of domestic abuse is required, legal aid applicants can choose whether to have their assessment carried out by health professionals over the telephone or by video conference instead of in person.

Law Society president Lubna Shuja said the change took down the ‘additional hurdle’ of face-to-face appointments, but warned the current Domestic Abuse Gateway does not provide for the recognition of emotional, controlling or coercive abuse. She suggested solicitors experienced in domestic abuse cases be authorised to confirm a client is a victim for the purpose of obtaining legal aid.

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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