PUBLIC FUNDING/LEGAL AID

There is a system for people on lower incomes to make an application for public funding or legal aid. The new Legal Services Committee Commission administers the Community Legal Service, the Community Legal Service Fund and the Criminal Defence Service. The Community Legal Service Fund makes monies available for certain cases, including divorces. Only solicitors who are franchised or contracted to the Legal Services Commission are able to take on Community Legal Service (CLS) funded cases.

There are different types of CLS funding:

• legal help;
• help at court;
• legal representation;
• emergency legal representation;
• support funding;
• family mediation;
• approved family help.

The funding available ranges from initial advice and assistance on legal problems right the way through to full representation in legal proceedings.

Whether the applicant’s funding will be accepted depends on two criteria:

• 1.His or her income.
• 2.Whether the case satisfies certain merits, e.g. the chances of the case succeeding in court justify the likely amount of funding.
• 3.Priority cases such as homelessness, child protection and domestic violence would also attract funding.