Legal Aid remains available for individuals and families with Social Services involvement.
In the same way that there are different levels of Social Services involvement there are also different levels of legal aid.
Even prior to the Local Authority issuing any application with the Court you may still be eligible for advice, support and assistance at meetings held by Social Services. You may be entitled to access legal aid and it is your right, where available, to have advice about Social Services and your family.
If you receive a letter from the local authority which is titled “Letter before Proceedings” and you have been informed that a PLO (Public Law Outline) meeting will be taking place you will be eligible to have a Solicitor advise you and attend the meeting with you automatically. There are no other requirements to access this level of legal aid in these circumstances.
Even if you haven’t been provided with a PLO letter you may still be eligible for advice regarding Child Protection Plans and Child in Needs Plans or other Local Authority assessments. Whilst legal aid isn’t automatic in these circumstances if you are in receipt of low income or certain benefits (including Universal Credit) subject to you providing evidence of your finances you may be able to access legal aid for advice with this level of Social Services Involvement.
If the Local Authority issue Public Law proceedings with the Court in respect of your child or children, and you have Parental responsibility or you are the biological parent of the relevant child, you are automatically eligible for advice and representation from a Solicitor within those proceedings.
Even if you are not a parent if you may be able to access legal aid. If for example you are a family member and wish to challenge a negative assessment which has been completed of you. In the event that any significant allegations have been made against you in any Children Act proceedings you may be notified of this by Social Services. You should be given the opportunity to intervene in these proceedings to defend yourself against allegations and would be informed of this by Social Services.
In both of these circumstances Legal aid is available. It is not automatic like with a parent but, subject to an assessment, you may be able to access legal Aid. A legal aid assessment would consider both your income and your merit for funding.
It is your right to choose your solicitor. If you currently have a solicitor and you are not happy with the way in which your matter is being dealt with, it is possible (subject to approval from the Legal Aid Agency) to transfer your public funding to a new solicitor of your choosing.
The most important thing is that if you are eligible for legal aid you access and have appropriate advice and representation. We are able to complete a free legal aid assessment to ensure that you are able to access legal aid if available.