Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
The suspension, during lockdown, of prison visits for children: was it lawful?
Jake Richards, 9 Gough ChambersThis article argues that the suspension on prison visits during this period and the deficiency of measures to mitigate the impact of this on family life and to protect...
Re R (Children) (Control of Court Documents) [2021] EWCA Civ 162
(Court of Appeal (Civil Division), King, Peter Jackson, Elisabeth Laing LJJ, 12 February 2021)Practice and Procedure – Disclosure of court documents – Sexual abuse findings –...
AG v VD [2021] EWFC 9
(Family Court, Cohen J, 04 February 2021) Financial Remedies – Matrimonial and Family Proceedings Act 1984, Part III – Russian divorceThe wife was awarded just under £6m...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
SCTS releases new simplified divorce and dissolution forms for Scotland
The Scottish Courts and Tribunals Service (SCTS) has released new simplified divorce and dissolution forms of application. As a result of legislation repealing Council Regulation EC 2201/2003, the...
View all articles
Authors

Government publishes response to JCHR report, 'Legal aid: children and the residence test'

Sep 29, 2018, 22:04 PM
family law, residence test, legal aid, LASPO, exceptional funding, children, judicial review
The Government has published its response to the Joint Committee on Human Rights (JCHR) report, Legal aid: children and the residence test.
Slug : government-publishes-response-to-the-jchr-report-legal-aid-children-and-the-residence-test
Meta Title : Government publishes response to JCHR report, 'Legal aid: children and the residence test'
Meta Keywords : family law, residence test, legal aid, LASPO, exceptional funding, children, judicial review
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Sep 5, 2014, 02:39 AM
Article ID : 106913
The Government has published its response to the Joint Committee on Human Rights (JCHR) report, Legal aid: children and the residence test.

In the report the Government states that individuals should have a strong connection to the UK in order to benefit from the civil legal aid scheme. A requirement to be lawfully resident at the time of applying for civil legal aid and to have been lawfully resident for 12 months in the past is considered to constitute such a ‘strong connection’.

The JCHR report made recommendations on the proposed civil legal aid residence test, with particular reference to the effect of the test on children.

Following the consultation and the JCHR report in December 2013, exceptions were made for cases which broadly relate to an individual’s liberty, where the individual is particularly vulnerable or where the case relates to the protection of children.

The report states:

‘The proposed residence test for civil legal aid would comprise two limbs: (i) individuals will need to have been lawfully resident in the UK, Crown Dependencies or British Overseas Territories at the time the application for civil legal aid was made; and (ii) have resided there lawfully for a continuous period of at least 12 months at any point in the past (short breaks of up to 30 days, whether taken as a single break or several shorter breaks, would not breach this requirement).’
According to the Government, the purpose of the residence test is to ‘target limited public resources at cases that most justify it, ensuring that the public can have confidence in the legal aid scheme’.

The residence test was recently challenged by way of Judicial Review in Public Law Project v The Secretary of State for Justice [2014] EWHC 2365 (Admin). The High Court handed down judgement on 15 July for this case, in which the claimant was successful. The Government is appealing this judgment and exploring options for proceeding with the residence test.

The full report is available to download here.
Categories :
  • News
Tags :
map_of_Europe
Authors
Provider :
Product Bucket :
Recommend These Products
Load more comments
Comment by from