PART 2Determinations in respect of an individual's financial resources

CHAPTER 1Financial eligibility limits and waivers

Exceptions from requirement to make a determination in respect of an individual's financial resources5

1

The following forms of civil legal services F1are available without a determination in respect of an individual's financial resources—

a

such legal help and help at court as is authorised, under the provider's arrangement with the Lord Chancellor under section 2(1) (arrangements) of the Act, to be provided without a determination in respect of an individual's financial resources;

b

such forms of civil legal services as are provided through grants under section 2(2) (arrangements) of the Act where the terms of the grant provide that the services are available without a determination in respect of an individual's financial resources;

c

legal representation in a special Children Act 1989 case;

d

legal representation in proceedings related to any proceedings in sub-paragraph (c) to the extent that the individual to whom the legal representation may be provided is an individual to whom legal representation is being provided under sub-paragraph (c) and—

i

the proceedings are being heard together with those proceedings referred to in sub-paragraph (c); or

ii

an order is being sought in the proceedings as an alternative to an order in the proceedings referred to in sub-paragraph (c);

e

family help (lower) in any matter described in paragraph 1(1)(b) (care, supervision and protection of children) of Part 1 of Schedule 1 to the Act to the extent that the matter concerns contemplated proceedings under section 31 (care and supervision orders) of the Children Act 1989 M1 and the individual to whom the family help (lower) may be provided is—

i

the parent of a child, or the person with parental responsibility for a child within the meaning of the Children Act 1989 in respect of whom a local authority has given notice of contemplated proceedings under section 31 of that Act; or

ii

in the case of an unborn child in respect of whom a local authority has given notice of contemplated proceedings under section 31 of the Children Act 1989, the person who, following the birth of the child—

aa

will be the parent of the child; and

bb

will have parental responsibility for the child within the meaning of the Children Act 1989;

f

legal help in contemplated proceedings or legal representation in proceedings or contemplated proceedings in relation to any matter described in paragraph 5(1)(a) or (b) (mental health and repatriation of prisoners) of Part 1 of Schedule 1 to the Act to the extent that the individual's case or application to the relevant tribunal under the Mental Health Act 1983 M2 or paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984 M3 is, or is to be, the subject of proceedings before the relevant tribunal;

g

legal representation in relation to a matter described in paragraph 5(1)(c) (mental capacity) of Part 1 of Schedule 1 to the Act to the extent that—

i

the legal representation is in proceedings in the Court of Protection under section 21A of the Mental Capacity Act 2005 M4; and

ii

the individual to whom legal representation may be provided is—

aa

the individual in respect of whom an authorisation is in force under paragraph 2 of Schedule A1 to the Mental Capacity Act 2005; or

bb

a representative of that individual appointed as such in accordance with Part 10 of that Schedule;

F5ga

such family mediation as is a Mediation Information and Assessment meeting for an individual (“A”) in relation to any matter described in paragraph 14(1) (mediation in family disputes) of Part 1 of Schedule 1 to the Act if—

i

A is a party to the Mediation Information and Assessment meeting; and

ii

the Director has made a determination that the financial resources of another individual who is a party to that meeting (“B”) are such that B is eligible, for that meeting, for such family mediation as is a Mediation Information and Assessment meeting;

F8gb

such family mediation as is the relevant mediation session for an individual (“A”) in relation to any matter described in paragraph 14(1) (mediation in family disputes) of Part 1 of Schedule 1 to the Act if—

i

A is a party to the relevant mediation session; and

ii

the Director has made a determination that the financial resources of another individual who is a party to that session (“B”) are such that B is eligible, for that session, for such family mediation as is a relevant mediation session;

h

legal representation in relation to any matter described in paragraph 17(1)(a) and (b) (EU and international agreements concerning children) of Part 1 of Schedule 1 to the Act, to the extent that the matter relates to an applicant under the 1980 European Convention on Child Custody M5 or 1980 Hague Convention M6;

F6ha

family mediation in relation to any matter described in paragraph 17(1)(b) (EU and international agreements concerning children) of Part 1 of Schedule 1 to the Act to the extent that the matter relates to an applicant under the 1980 Hague Convention;

i

legal representation in a case in which the applicant is an individual who, in the State of origin, has benefited from complete or partial legal aid, or exemption from costs or expenses, in relation to any matter described in—

i

paragraph 17(1)(c) (EU and international agreements concerning children) of Part 1 of Schedule 1 to the Act; or

ii

paragraph 18(1) (EU and international agreements concerning maintenance) of Part 1 of Schedule 1 to the Act;

j

family help (higher) or legal representation in relation to any matter described in paragraph 18(3) (parties who benefited from free legal aid etc. in the Member State of origin) of Part 1 of Schedule 1 to the Act;

F2ja

family help (higher) or legal representation in relation to any matter described in—

i

paragraph 18(3A) (applications under Article 10 of the 2007 Hague Convention) of Part 1 of Schedule 1 to the Act, where Article 17(b) of the 2007 Hague Convention applies; or

ii

paragraph 18(3B) (proceedings to which Article 17(b) of the 2007 Hague Convention is applied) of Part 1 of Schedule 1 to the Act;

k

legal help, family help (lower), family help (higher) and legal representation in relation to any matter described in paragraph 18(2) (EU and international agreements concerning maintenance) of Part 1 of Schedule 1 to the Act, to the extent that the matter—

i

relates to any application under Article 56(1) of the EU Maintenance Regulation M7; and

ii

is an application made by a creditor concerning maintenance obligations arising from a parent-child relationship towards a person under the age of 21; F3...

F4ka

legal help, family help (lower), family help (higher) and legal representation in relation to any matter described in paragraph 18(3A) (applications under Article 10 of the 2007 Hague Convention) of Part 1 of Schedule 1 to the Act where the matter is an application made by a creditor under the 2007 Hague Convention concerning maintenance obligations arising from a parent-child relationship towards a person under the age of 21; and

l

civil legal services in relation to a matter described in paragraph 45(1) (terrorism prevention and investigation measures etc) of Part 1 of Schedule 1 to the Act to the extent that the services consist of—

i

legal help or legal representation for an individual who is the subject of an application for permission under section 6 of the Terrorism Prevention and Investigation Measures Act 2011 M8, in respect of such an application;

ii

legal help for advice in connection with a TPIM notice M9 for an individual who is subject to that notice;

iii

legal help for an individual who is subject to a TPIM notice, in respect of an application—

aa

to vary measures specified in that notice under section 12(2) of the Terrorism Prevention and Investigation Measures Act 2011;

bb

for revocation of that notice in accordance with section 13(3) of the Terrorism Prevention and Investigation Measures Act 2011;

cc

for permission under Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011; or

iv

legal representation in respect of TPIM proceedings for an individual who is subject to a TPIM notice.

2

In this regulation—

  • F7“Mediation Information and Assessment meeting” means an assessment by a mediator of whether, in light of all the circumstances, a case is suitable for mediation;

  • F7“mediator” means a mediator with whom the Lord Chancellor has made an arrangement under section 2(1) of the Act (arrangements);

  • F9“relevant mediation session” means the acting of a mediator at a mediation session (“the session”) which is held on or after 3rd November 2014 and—

    1. a

      the session is a single session taking place following a Mediation Information and Assessment Meeting; or

    2. b

      where the session is part of a multi session, the session is the initial mediation session taking place following a Mediation Information and Assessment Meeting,

    and for the purposes of this definition, “single session” and “multi session” have the same meanings as in the contract named the Standard Civil Contract 2010 between the Lord Chancellor and a provider of civil legal services under Part 1 of the Act;

  • “relevant tribunal” means—

    1. a

      the Health, Education and Social Care Chamber of the First-tier Tribunal M10; or

    2. b

      the Mental Health Review Tribunal for Wales M11;

  • “special Children Act 1989 case” means F10any matter described in paragraph 1(1)(a), (b), (c) or (k) (care supervision and protection of children) of Part 1 of Schedule 1 to the Act, to the extent that it relates to any of the following provisions of the Children Act 1989 F11or, where specified, the Social Services and Well-being (Wales) Act 2014—

    1. a

      section 25 (use of accommodation for restricting liberty) M12, to the extent that the individual to whom civil legal services may be provided is the child who is or would be the subject of the order;

    2. aa

      F12section 119 of the Social Services and Well-being (Wales) Act 2014 (use of accommodation for restricting liberty), to the extent that the individual to whom civil legal services may be provided is the child who is or would be the subject of the order;

    3. b

      section 31, to the extent that the individual to whom civil legal services may be provided is the child who is or would be the subject of the order, that child's parent or other person with parental responsibility for that child;

    4. c

      section 43 (child assessment orders), to the extent that the individual to whom civil legal services may be provided is the child who is or would be the subject of the order, that child's parent or other person with parental responsibility for that child;

    5. d

      section 44 (orders for emergency protection of children), to the extent that the individual to whom civil legal services may be provided is the child who is or would be the subject of the order, that child's parent or other person with parental responsibility for that child; or

    6. e

      section 45 (duration of emergency protection orders and other supplemental provisions) M13, to the extent that the individual to whom civil legal services may be provided is the child who is or would be the subject of the order, that child's parent or other person with parental responsibility for that child,

    but does not include appeals from final orders made under any of those provisions of the Children Act 1989 F13or, as the case may be, section 119 of the Social Services and Well-being (Wales) Act 2014; and

  • “TPIM proceedings” are the proceedings listed at (b) to (g) of the definition of “TPIM proceedings” given in section 30(1) of the Terrorism Prevention and Investigation Measures Act 2011.