Legal aid query

[Odysseus01]

Good afternoon all,

Is there anyone I could DM and who could answer, what I think is, a simple legal aid question?

Thanks

[E-bmw]

Ring CAB.

[Odysseus01]

Thank you for the suggestion but it's a question only a solicitor familiar with the legal aid process will be able to answer.

[Yellow Lizud]

Why not simply ask the question here. It's what the forum is for.

[rlw]

mrsrlw is the editor of, and contributor to, the Legal Aid Handbook so is better placed than most to answer any technical questions. PM me if you want.

[Odysseus01]

rlw said:

mrsrlw is the editor of, and contributor to, the Legal Aid Handbook so is better placed than most to answer any technical questions. PM me if you want.

Thank you so much, DM sent.

[rlw]

was that a DM on here or an email. If the latter, the email address shown is wrong. And where Do I look for DMs on here?

[Odysseus01]

Ah, it was an email. I think that's the only way on contacting other people on here - if there is a message facility I've not come across it yet...

I've posted (with some amends) the message I sent below. I will delete once you've read it for obvious reasons.

A made false allegations of domestic abuse against B leading to B's arrest. B was able to prove (via video evidence) that he was in fact the victim of abuse and the police took no further action.

In the interim, A took out an NMO against B and was granted legal aid due to the domestic abuse allegations. The NMO is currently being contested.

A has been arrested by the police on a number of assault charges and controlling and coercive behaviour but no charges have yet been brought.

B has since submitted a C100 and C1A, with the FHDRA due in two weeks.

A is trying to adjourn as they are stating that, due to the legal aid cyber attack, they are unable to find representation via legal aid. It would appear that A's current legal aid funded solicitor will no longer represent them (no reason has been provided to B).

A earns approx. £45K pa so legal aid was originally granted on the basis of the false domestic abuse allegations.

My question is should A receive legal aid for the Child Arrangement Order given the facts above?

I really hope that makes sense.

Thanks

[Cyberprog]

Odysseus01 said:

Ah, it was an email. I think that's the only way on contacting other people on here - if there is a message facility I've not come across it yet...

I've posted (with some amends) the message I sent below. I will delete once you've read it for obvious reasons.

A made false allegations of domestic abuse against B leading to B's arrest. B was able to prove (via video evidence) that he was in fact the victim of abuse and the police took no further action.

In the interim, A took out an NMO against B and was granted legal aid due to the domestic abuse allegations. The NMO is currently being contested.

A has been arrested by the police on a number of assault charges and controlling and coercive behaviour but no charges have yet been brought.

B has since submitted a C100 and C1A, with the FHDRA due in two weeks.

A is trying to adjourn as they are stating that, due to the legal aid cyber attack, they are unable to find representation via legal aid. It would appear that A's current legal aid funded solicitor will no longer represent them (no reason has been provided to B).

A earns approx. £45K pa so legal aid was originally granted on the basis of the false domestic abuse allegations.

My question is should A receive legal aid for the Child Arrangement Order given the facts above?

I really hope that makes sense.

Thanks

The rules say that if you (and your partner) earn more than £2657 a month then you only qualify for Legal Aid when the case relates to Domestic Abuse.

> https://www.gov.uk/legal-aid/financial-eligibility

My assessment is that A should not receive Legal Aid for the Child Arrangement Order as a result.