PART 6SPECIFIC MERITS CRITERIA
CHAPTER 6Family
Criteria for determinations for full representation in relation to other family cases to which specific merits criteria apply69
1
For the purposes of a relevant determination the criteria in—
a
regulations 39(a) to (e) (criteria for determinations for legal representation) apply;
b
regulations 39(f), 41, 42 (cost benefit criteria), 43 (prospects of success criterion) and 44 (multi-party) do not apply; and
c
paragraphs (2) and (3) apply.
2
The Director must be satisfied that—
a
the reasonable private paying individual test is met; and
b
the criterion in paragraph (3) is met.
3
The Director must be satisfied that the prospects of success of the case are—
a
very good, good or moderate; or
b
unclear or borderline, and—
i
the case is one of significant wider public interest;
ii
the case is one with overwhelming importance to the individual; or
iii
the substance of the case relates to a breach of Convention rights.
4
In this regulation, a relevant determination is—
a
a determination for full representation in relation to any matter described in paragraph 12 of Part 1 of Schedule 1 to the Act (victims of domestic violence and family matters) to the extent that it does not relate—
i
to Part 1 or 3 of the Family Law Act 1986 M1 (child custody and declarations of status);
ii
subject to sub-paragraph (b), to any provision of Part 1 or 2 of the Children Act 1989 M2 (orders with respect to children in family proceedings);
b
a determination for full representation in relation to any matter described in paragraph 12 of Part 1 of Schedule 1 to the Act (victims of domestic violence and family matters) to the extent that it relates an order made under section 15 of, and Schedule 1 to, the Children Act 1989;
c
a determination for full representation in relation to any matter described in paragraph 18(2) of Part 1 of Schedule 1 to the Act (applications in relation to maintenance decisions), to the extent that regulations 11(9)(b) or 70 do not apply; or
d
any matter described in paragraph 18(3A) of Part 1 of Schedule 1 to the Act (applications under Article 10 of the 2007 Hague Convention), to the extent that article 17(a) M3 of the 2007 Hague Convention applies.