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Regulation 33 (2)
Textual Amendments
F1Sch. 1 inserted (8.1.2018) by The Civil Legal Aid (Procedure) (Amendment) (No. 2) Regulations 2017 (S.I. 2017/1237), regs. 1(2), 2(5), Sch. (with reg. 3)
1. Evidence that B has been arrested for a relevant domestic violence offence.E+W
2. A relevant police caution for a domestic violence offence.E+W
3. Evidence of relevant criminal proceedings for a domestic violence offence which have not concluded.E+W
4. A relevant conviction for a domestic violence offence.E+W
5. Evidence of a court order binding over B in connection with a domestic violence offence.E+W
6. A domestic violence protection notice issued under section 24 of the Crime and Security Act 2010 against B.E+W
7. A relevant protective injunction.E+W
8. An undertaking given in England and Wales under section 46 or 63E of the Family Law Act 1996 (or given in Scotland or Northern Ireland in place of a protective injunction) by B provided that a cross-undertaking relating to domestic violence was not given by A.E+W
9. A copy of a finding of fact, made in proceedings in the United Kingdom, that there has been domestic violence by B.E+W
10. An expert report produced as evidence in proceedings in the United Kingdom for the benefit of a court or tribunal confirming that a person with whom B is or was in a family relationship, was assessed as being, or at risk of being, a victim of domestic violence by B.E+W
11. A letter or report from an appropriate health professional confirming that that professional, or another appropriate health professional—E+W
(a)has examined A in person; and
(b)in the reasonable professional judgement of the author or the examining appropriate health professional A has, or has had, injuries or a condition consistent with being a victim of domestic violence.
12. A letter or report from—E+W
(a)the appropriate health professional who made the referral described below;
(b)an appropriate health professional who has access to the medical records of A; or
(c)the person to whom the referral described below was made;
confirming that there was a referral by an appropriate health professional of A to a person who provides specialist support or assistance for victims of, or those at risk of, domestic violence.
13. A letter from any person who is a member of a multi-agency risk assessment conference (or other suitable local safeguarding forum) confirming that A, or a person with whom A is in a family relationship, is or has been at risk of harm from domestic violence by B.E+W
14. A letter from an independent domestic violence advisor confirming that they are providing support to A.E+W
15. A letter from an independent sexual violence advisor confirming that they are providing support to A relating to sexual violence by B.E+W
16. A letter from an officer employed by a local authority or housing association (or their equivalent in Scotland or Northern Ireland) for the purpose of supporting tenants containing—E+W
(a)a statement to the effect that, in their reasonable professional judgment, a person with whom B is or has been in a family relationship is, or is at risk of being, a victim of domestic violence by B;
(b)a description of the specific matters relied upon to support that judgment; and
(c)a description of the support they provided to the victim of domestic violence or the person at risk of domestic violence by B.
17.—(1) A letter from an organisation providing domestic violence support services.E+W
(2) The letter must confirm that it—
(a)is situated in England and Wales;
(b)has been operating for an uninterrupted period of six months or more; and
(c)provided A with support in relation to A’s needs as a victim, or person at risk, of domestic violence.
(3) The letter must contain—
(a)a statement to the effect that, in the reasonable professional judgment of the author of the letter, A is, or is at risk of being, a victim of domestic violence;
(b)a description of the specific matters relied upon to support that judgment;
(c)a description of the support provided to A; and
(d)a statement of the reasons why A needed that support.
18. A letter or report from an organisation providing domestic violence support services in the United Kingdom confirming—E+W
(a)that a person with whom B is or was in a family relationship was refused admission to a refuge;
(b)the date on which they were refused admission to the refuge; and
(c)they sought admission to the refuge because of allegations of domestic violence by B.
19. A letter from a public authority confirming that a person with whom B is or was in a family relationship, was assessed as being, or at risk of being, a victim of domestic violence by B (or a copy of that assessment).E+W
20. A letter from the Secretary of State for the Home Department confirming that A has been granted leave to remain in the United Kingdom under paragraph 289B of the Immigration Rules.E+W
21. Evidence which the Director is satisfied demonstrates that A has been, or is at risk of being, the victim of domestic violence by B in the form of abuse which relates to financial matters.E+W
22. For the purpose of this Schedule—E+W
“A” means the applicant for civil legal services;
“appropriate health professional” means—
a medical practitioner licensed to practise by the General Medical Council; or
a health professional who is registered to practise in the United Kingdom by—
the Nursing and Midwifery Council;
the General Dental Council; or
a paramedic, practitioner psychologist, radiographer or social worker registered to practise in the United Kingdom by the Health and Care Professions Council;
“B” means the individual with whom A was in a family relationship giving rise to the need for the civil legal services that are the subject of the application;
“domestic violence offence” has the meaning given in the document published by the Lord Chancellor for that purpose under section 2 of the Act;
“expert report” means a report by a person qualified to give expert advice on all or most of the matters that are the subject of the report;
“housing association” has the same meaning as in subsection 1(1) of the Housing Associations Act 1985;
“Immigration Rules” means rules made by the Secretary of State under section 3(3) of the Immigration Act 1971;
“local authority” means a county council, a district council, a London borough council or a parish council but, in relation to Wales, means a county council, county borough council or community council;
“protective injunction” means an order made by the court—
in respect of persons who are in a family relationship with each other, containing any of the following provisions—
protecting a person from harm, intimidation, threats or harassment;
protecting a person from being forced into a marriage or from any attempt to be forced into a marriage;
prohibiting a person from contacting, or communicating with, another;
concerning entry or access to, or the use or occupation of, property;
for the protection from female genital mutilation under paragraph 1 or 18 of Schedule 2 to the Female Genital Mutilation Act 2003; or
in respect of a violent offender within the meaning of section 98 of the Criminal Justice and Immigration Act 2008;
but does not include an order made without notice to the respondent that was subsequently set aside by the court;
“public authority” has the same meaning as in section 6 of the Human Rights Act 1998;
“refuge” means—
a refuge established for the purpose of providing accommodation for victims of, or those at risk of, domestic violence; or
a residential home established and maintained by a public body for any other purpose that also provides accommodation to the victims of, or those at risk of, domestic violence;
“relevant” means that the evidence—
identifies a person with whom B is or was in a family relationship as being, or at risk of being, the victim of domestic violence; or
is-
in a form described in paragraphs 1 to 4 of this Schedule;
identifies B as the person arrested for, cautioned with, charged with, or convicted of the domestic violence offence; and
relates to a domestic violence offence which does not identify the victim.]
Regulation 34 (2)
Textual Amendments
F2Sch. 2 inserted (8.1.2018) by The Civil Legal Aid (Procedure) (Amendment) (No. 2) Regulations 2017 (S.I. 2017/1237), regs. 1(2), 2(5), Sch. (with reg. 3)
1. Evidence that B has been arrested for a child abuse offence.E+W
2. A relevant police caution for a child abuse offence.E+W
3. Evidence of relevant criminal proceedings for a child abuse offence which have not concluded.E+W
4. A relevant conviction for a child abuse offence.E+W
5. A relevant protective injunction.E+W
6. A copy of a finding of fact made in proceedings in the United Kingdom of abuse of a child by B.E+W
7. A letter from a social services department in England and Wales (or its equivalent in Scotland or Northern Ireland) confirming that the child was assessed as being, or at risk of being, a victim of child abuse by B (or a copy of that assessment).E+W
8. A letter from a social services department in England and Wales (or its equivalent in Scotland or Northern Ireland) confirming that a child protection plan was put in place to protect the child from abuse or a risk of abuse by B (or a copy of that plan).E+W
9. An application for an injunction described in paragraph 5 of this Schedule made with an application for a prohibited steps order against B under section 8 of the Children Act 1989 which has not, at the date of the application for civil legal services, been decided by the court.E+W
10. For the purpose of this Schedule—E+W
“child abuse offence” has the meaning given in the document published by the Lord Chancellor for that purpose under section 2 of the Act;
“protective injunction” has the same meaning given in Schedule 1 to these Regulations;
“relevant” means——
for the purpose of paragraphs 1 to 4 of this Schedule that the arrest, caution, criminal proceedings or conviction identifies B as being arrested for, cautioned for, charged with, or convicted of, the child abuse offence; and
for the purpose of paragraph 5 of this Schedule, that the protective injunction—
identifies B as the respondent; and
is made for the protection of the child who is or would be the subject of the order to which the application relates.]
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