Family Matters : A Guide To Public Funding

If you are having family difficulties and are concerned about the cost of seeking advice from a solicitor, you may be eligible for publicly funded advice and representation. In cases concerning family matters there are different types of public funding available for those who qualify.

The first level is Legal Help. A solicitor can sign a qualifying person up to the Legal Help Scheme and can start work immediately. In order to qualify for Legal Help there is a means test. Those in receipt of Income Support, Income Based Job Seekers’ Allowance or Guaranteed State Pension Credit will automatically qualify for assistance upon proof of their income. If you are not in receipt of these benefits, you will qualify if your income is below a certain limit - currently £649 per month (after deduction of allowances specified by the Legal Services Commission – LSC, who is the Government agency that deals with public funding). Additionally, you must not have more than £8,000 capital. Funding under the Legal Help Scheme will cover a solicitor’s initial advice and assistance, including meetings, correspondence etc in an attempt to resolve matters at the preliminary stages. It will not cover, for example, representation at court hearings.

In order to fund representation at court proceedings, your solicitor needs to apply for a public funding certificate on your behalf. This involves a formal application to the LSC who will assess it on both means and merits based tests. In terms of the means test, the criteria outlined above will apply. In relation to the merits test, the LSC will consider the prospects of success and must be satisfied that funding the case is justified.

If you are granted a public funding certificate, you may need to pay a monthly contribution towards it. The level of contribution is based upon a scaled formula according to your disposable income.

Once granted, the Certificate is likely to cover what is known as General Family Help. This allows the solicitor to represent you throughout the court proceedings except at a contested final hearing. Again, this is in the hope that matters can be settled without the need for a contest. If this is not possible, the certificate will be amended by your solicitor to cover Legal Representation to provide you with representation at the final hearing.

If you are attending mediation to try to resolve matters on a more amicable basis than through the court process you may qualify for help with mediation. This allows a solicitor to advise you whilst the mediation process is ongoing and also to advise on any settlement reached through mediation. Your eligibility, on a means basis, is assessed by the mediator and the application will be made by your solicitor.

The above provisions apply to all family matters including divorce, financial matters, civil injunctions following domestic violence and issues concerning children (both in the private and public sectors). Private children proceedings include, for example, disputes between parents and extended family members. Public law proceedings, are where the local authority has sufficient concerns about the welfare of a child to issue proceedings. If you are the parent of that child, you will automatically qualify for public funding.

If you are given a financial certificate and then go on to recover or preserve money or property from the breakdown of your relationship the LSC will seek to recoup the cost of your legal fees from that money or property. This is known as the Statutory Charge and will apply to all cases. In these circumstances it is best to treat public funding as a loan which will be repaid once you have concluded matters.

This is how public funding currently operates. However, in 2006, the public funding budget was £2.1 billion, costing each tax payer nearly £100 per year. As a result, the Government wants to reform the public funding system to make it more efficient. It proposes that, from October 2007, there will be fixed fees for all family work which cannot be extended. In the future, this may mean that less firms will be able to undertake publicly funded work. However, Foot Anstey Solicitors are able to help with all family matters on a public funding basis and are committed to continuing to do so. If you have any concerns regarding family matters or want to learn more about your eligibility for public funding, please contact Foot Anstey Solicitors who will be happy to help.

Published 04/04/2007.