Legal Aid

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What is legal aid?

Legal Aid is designed to help eligible people meet the costs of legal advice and representation in court or tribunal proceedings. Public funding (legal aid) is always available for public law care proceedings. This is when social services have provided you with a Letter Before Action or has informed you they are issuing court proceedings in relation to your child.

At Brighton & Hove Law, we specialise in work of this nature. If social services have asked you to come to a “Meeting Before Action” or to court, we can arrange expert representation for you.

Do I qualify for legal aid?

In other family cases, legal aid will only be available under certain specific circumstances:

  • Injunctions / Non – molestation Orders
  • Applications under the Forced Marriages Act
  • Mediation (subject to financial eligibility and assessment by a mediator)

Unless there has been domestic and/or child abuse, legal aid is now no longer available for divorce, parental access to children or child arrangements, and financial applications between married couples, civil partners or cohabitees.

Subject to eligibility, you may still get funding for a divorce conducted through mediation. We do not undertake publicly funded mediation work and you will need to contact the Legal Aid Agency for details of such providers.

Domestic Abuse

Abuse must be documented and the requirements as to evidence of domestic abuse are strict. We recommend contacting us to discuss whether the circumstances of your case fulfil the eligibility requirements. You can assess your eligibility further here: Check if you can get legal aid – GOV.UK (www.gov.uk).

Some simplified examples of the type of evidence required are :

  • Your partner has an unspent conviction for domestic violence or child abuse
  • Your partner has a recent police caution for domestic violence or child abuse
  • There are current criminal proceedings against your partner for domestic violence or child abuse
  • There is a current or recent protective injunction / non molestation order against your partner
  • There is a confirmation from an assessment conference that you are at high risk of domestic violence or are subject to a protection plan
  • A health professional confirms that you have had injuries or a condition consistent with those of a victim of domestic violence
  • A social services department has assessed that there is a risk of domestic violence or child abuse from your partner
  • A social services department has put in place a child protection plan
  • A domestic violence support organisation confirms that you had been admitted to refuge accommodation
  • A letter from an organisation providing domestic abuse support services confirming you have been offered support as a victim of domestic abuse

For more information, have a look at the link below that details different forms of evidence:

https://www.gov.uk/legal-aid/domestic-abuse-or-violence

Client Testimonials

I would just like to say from me and my family that you are amazing. From beginning to end you have been fantastic. We can’t thank you enough for everything you have done to help us in achieving our goals. Thank you for everything I really can’t put into the words my true feelings of joy.

Mr H

Samantha Barker is a highly driven solicitor, who is passionate about client care. She goes over and beyond to serve her clients and is meticulous in preparation of highly sensitive and serious cases. I am always fully instructed by her within childcare family proceedings and find that her case management and follow up of the proceedings, is highly professional. Ms Barker is highly motivated in obtaining the best outcome for her clients.

Aisha Jamil, Barrister

Thank you for all your time and support over the last 2 years. I believe your expertise and advice has seen that we’ve had such a positive outcome and for that I will always be grateful.

Ms K

It is always a pleasure to receive a brief from Jennifer Lynch and Lucy Gregory. They are detailed and helpful which greatly assists in the through prep of a case. Their robust approach and collaborative working is reassuring for clients and energising to work with.

Sarah Dummett and Ellie Chapman provide a first class, client focused service. Their advice and approach is accessible while robust.

Ayisha Robertson, Barrister

You all helped me through a really tough and stressful situation.  Thank you so much.

Mr M 

Samantha Barker at Brighton and Hove Law conducts her cases with competent vigour which undoubtedly makes the role of our barristers seamless. 

Steve Lavell, Director of Clerking

It is always a pleasure to be instructed by Brighton and Hove Law. Their team are extremely dedicated, hard working, knowledgeable and professional. They are on top of their game; clients consistently receive gold standard care and advice and counsel have well prepared briefs.

Sarah Taite, Barrister

Thank you very much Sarah – it feels really good that everything is done and dusted. I can’t believe it was so simple really – thank you for all your support!
I have been recommending you and will continue to do so.

Mrs D – East Sussex

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