Family Legal Aid
The Legal Services Agency manages family legal aid on behalf of the government.
Family legal aid is available for private disputes and non-criminal problems that may go to court and involve family matters such as relationship separation, division of assets, and custody or access issues.
The legal aid process gives providers some flexibility within a framework, called the Proceedings Steps, which specifies a maximum number hours that providers will get paid for each step in a case. Each proceedings step has a standard rate expressed in hours or a dollar amount, called the Guideline Hourly Rate (GHR), attached to it. In the majority of cases grants are made within the framework.
This system balances the need for provider autonomy with the requirement to be responsible and accountable for public funds.
Applications
Applications for family legal aid must be made through a listed provider and must be on the correct form. All legal aid application forms are available online, or you can order printed forms here.
Family legal aid applications are forwarded to the office nearest to where the applicant resides. If it is unclear where the applicant’s place of residence is in relation to LSA office boundaries, staff will consider the following factors:
- Where is the applicant’s provider based?
- IIn which courts are the proceedings being taken or intended to be taken?
When an application is received, a Grants Officer will use the Agency’s proceedings steps to consider whether a grant of legal aid can be made. 85-90% of decisions are made using these steps.
You can refer to the Legal Aid Guide to give applicants and clients information about eligibility and repayment.
Assignment, Termination of Assignment and Reassignment
Complex cases and top up payments
Inactive files
Intellectual Disability Proceedings
Supreme Court Civil Legal Aid
Urgent cases
Assignment, Termination of Assignment and Reassignment
The Agency's policy on Assignment, Termination of Assignment and Reassignment is available here. This policy applies to assignment in all legal aid cases (family, civil and criminal).
Complex cases and top up payments
Specialist advisers assist with decision-making where matters fall outside the proceedings steps. This may be because procedural or legal issues are complex, but may also be for advice on appropriate payment levels or disbursements.
Click here for the Agency's policy on approving payments which are additional to the legal aid grant and may be approved under section 66 of the LSA 2000. The policy applies to payments sought as a top-up to fees or disbursements, from whatever source, whether paid directly to the provider or indirectly though the payment of goods or services used by the provider (such as travel costs) in the course of the case.
Assignment protocols are detailed in the General Polices
Inactive files
Files with no activity for a period of at least nine months will be finalised unless there are sufficient reasons to keep the file open. ‘No activity’ is defined as no communication regarding the file from the provider.
Intellectual Disability Proceedings
Most proceedings under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 are covered by a system for appointing and paying lawyers that is administered by the Family Court. Therefore in most cases legal aid will not be required.
In those rare cases where legal aid is applied for, a standard application (i.e. Forms 5 and 6) should be completed as fully as the circumstances allow. The application will be referred to a specialist adviser for a recommendation.
Supreme Court Civil Legal Aid
The Agency has produced supplementary information relating to legally aided civil cases in the Supreme Court. This is to be read in conjunction with the proceedings steps and the Overview of Supreme Court - Civil Legal Aid Process. This interim policy will be reviewed once the practice of the Supreme Court is established. A final policy will be confirmed and communicated to providers when this review has been completed.
Urgent cases
Where there is a critical Court deadline, the provider should mark the application "for urgent action". It will be assessed for urgency on the date it is received. It is given priority if the Agency agrees it is urgent.
