Funding Information Sheet
Public Funding, Public Law / Care
As a parent of a child or children with whom Social Services are involved, you are automatically entitled to legal aid. There are two types of legal aid, legal help and public funding. As well as funding the costs of the legal advice and representation, legal aid also pays for the associated expenses known as “disbursements”. This Information Sheet will provide specific information about these levels of funding, any limitations to the funding, your obligations and other important information. This Information Sheet should be read in conjunction with the Client Care that you will have also received. You should keep this Information Sheet safe as you may need to refer to it in the future.
As a parent of a child or children with whom Social Services are involved and as a ‘letter before proceedings’ (a letter saying that Social Services are playing an active role with your family and are considering issuing Court proceedings) has been sent to you, you are automatically entitled to legal help under the Family Help (Lower) Public Law scheme. This scheme funds the costs of our advice and assistance before any Court proceedings are issued.
As you are receiving help and assistance under the legal help scheme you must advise us immediately of any change of address. It also requires you to conduct the case in a way that is reasonable. If at any time we believe that you are not doing so, or that you have been untruthful, we may withdraw your Legal Help funding.
As a parent in Care proceedings which have been issued by the Local Authority you are automatically entitled to a Public Funding certificate, which is issued to you under the devolved powers procedure. This allows representation in these proceedings up to and including a final contested hearing.
As you have been granted public funding, you have a duty to disclose any change of address to the Legal Aid Agency (LAA). As soon as there is any change in your address, you should inform the LAA and us in writing.
We are required to advise you that if you require us to conduct the case in an unreasonable manner your Public Funding certificate may be cancelled, and in those circumstances you will cease to have the benefit of Public Funding from the date of cancellation but you will not be liable for our costs.
The Public Funding certificate only covers those costs incurred on your behalf, and whilst it is unusual for costs to be awarded and enforced against a person who has a Public Funding certificate, the Court could make an order for costs against you in exceptional circumstances.
There is a limit on the amount of work that can be done for you under this certificate in terms of both costs incurred and scope i.e., what stage the proceedings are at. This limit will have been explained to you on the letter that accompanies this Information Sheet. An application can be made to the LAA to extend that limit if necessary.
Note: The above is intended as a general overview for your information. It is NOT intended to replace proper legal advice. Each case is different and advice cannot be given without a proper analysis of your own circumstances.
