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Legal Aid Act 1988

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This is the original version (as it was originally enacted).

28Care proceedings: availability

(1)Representation for the purposes of care proceedings to which this section applies shall be available to any person, other than a local authority, who is a party to the proceedings.

(2)Subject to subsection (4) below, representation may be granted where it appears to the competent authority to be desirable to do so in the interests of justice.

(3)Subject to subsection (4) below, representation must be granted where a child—

(a)is brought before a juvenile court under section 21A of the 1980 Act, and

(b)is not legally represented before the court but wishes to be.

(4)Representation shall not be granted to any person unless it appears to the competent authority that his financial resources are such as, under regulations, make him eligible for representation.

(5)Where a doubt arises whether representation should be granted to any person, the doubt shall be resolved in that person’s favour.

(6)Representation granted by a competent authority may be amended or withdrawn, whether by that or another authority competent to grant representation.

(7)Regulations may provide for an appeal to lie to a specified court or body against any refusal by a juvenile court to grant representation for the purposes of care proceedings and for that other court or body to make any grant of representation that could have been made by the juvenile court.

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