The snappily named Assured Tenancies and Agricultural Occupancies (Forms) (moratorium Debt) (Consequential Amendment) (England) Regulations came into force on Monday 3 May 2021.
Since April 2013 victims of domestic violence have had to provide “acceptable evidence” to obtain legal aid.
This has led to difficulties for many victims accessing legal advice as they could not provide, often in times of crisis, the necessary written evidence to obtain funding. This lead to concerns being raised by support organisations that many victims have stayed in abusive relationships because they are unable to afford legal representation, feel unable to represent themselves in court against the alleged perpetrator and fear losing their children into the care system.
The new changes mean that the evidence required for some of these gateway provisions for eligibility to Legal Aid have been eased. One example is that evidence that the alleged perpetrator is on police bail for a domestic violence offence or a child abuse offence may satisfy the gateway to obtaining public funding.
Other changes that may satisfy the gateway to Legal Aid include:
- The removal of the wording “High Risk” when referrals have been made to multi-agency risk assessment conferences (MARAC).
- Referral by a health professional to a specialist support service.
- Victims refused admission to a refuge due to lack of accommodation may now be eligible.
- A relevant domestic violence protection order issued under section 24 of the Crime and Security Act 2008.
- A Court Order binding over the alleged perpetrator is in force and was granted 24 months immediately proceeding the date of any Legal Aid application.
In a further welcome change the fees for applications for a non-molestation order (injunction), occupation orders and Forced Marriage Protection Orders are to be waived from 22nd April 2014 which will further assist victims seeking the protection orders that the Courts can provide.
It is hoped that these amendments to widen the evidence required to pass eligibility criteria for Legal Aid will assist more victims gain access to legal advice and assistance to protect themselves and their family.
What is clear is that all agencies dealing with victims of domestic abuse need to be aware that despite the wholesale reduction in eligibility to Legal Aid that took place in April 2013 there is still provision for victims of domestic abuse to access legal advice and assistance via Legal Aid.
A copy of the guidance can be found here: [media type="link" id=289]
For more information
For further information, contact Jas Tamber on firstname.lastname@example.org or 0121 214 3580.
What is a post-nuptial agreement and why do people enter it? Find out more in this ebriefing.
This ebriefing considers the Government’s proposals to simplify the procurement procedures, as set out in Chapter 3 of the Green Paper entitled “Using the right procurement procedures”.
In the second of a two-part episode, trainee solicitors Tom Corrigan, Precious Melia and Sike Olawale discuss what a training contract looks like at Anthony Collins Solicitors.
Cases involving large-scale IT contracts are quite rare and the recent case provides a useful judgement for matters involving digital transformation projects which have gone wrong.
From 4 May 2021, The Debt Respite Scheme (Breathing Space) comes into force. This scheme provides debtors with the right to legal protection from their creditors.
Birmingham-based Anthony Collins Solicitors (ACS) has announced a raft of new promotions, including appointing three new partners.
EOTs have been aggressively marketed as a tax-free share sale, but that should not deter practitioners from raising EOTs.
Remuneration for the supply of goods and the power to award equitable allowances.
The government did not accept two of the Law Commission’s recommendations - as they saw them as important safeguards in protecting charities interests in property.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.