Legal Aid, Sentencing and Punishment of Offenders Act 2012

Abuse of child or vulnerable adult E+W

3 (1) Civil legal services provided in relation to abuse of an individual that took place at a time when the individual was a child or vulnerable adult, but only where— E+W

(a) the services are provided to the individual, or

(b) the individual has died and the services are provided—

(i) to the individual's personal representative, or

(ii) for the purposes of a claim under the Fatal Accidents Act 1976 for the benefit of the individual's dependants.

General exclusions

(2) Sub-paragraph (1) is subject to—

(a) the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3, 8 and 12 of that Part, and

(b) the exclusion in Part 3 of this Schedule.

Specific exclusions

(3) The services described in sub-paragraph (1) do not include services provided in relation to clinical negligence.

(4) The services described in sub-paragraph (1) do not include services provided in relation to a matter arising under a family enactment.

Definitions

(5) In this paragraph—

• “abuse” means physical or mental abuse, including—

  (a)

  sexual abuse, and

  (b)

  abuse in the form of violence, neglect, maltreatment and exploitation;

• “child” means a person under the age of 18;

• “clinical negligence” means breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services);

• “family enactment” has the meaning given in paragraph 12;

• “personal representative”, in relation to an individual who has died, means—

  (a)

  a person responsible for administering the individual's estate under the law of England and Wales, Scotland or Northern Ireland, or

  (b)

  a person who, under the law of another country or territory, has functions equivalent to those of administering the individual's estate;

• “vulnerable adult” means a person aged 18 or over whose ability to protect himself or herself from abuse is significantly impaired through physical or mental disability or illness, through old age or otherwise.