Legal Aid and applications to see grandchildren
Legal Aid and applications to see grandchildren
Although grandparents are becoming more aware that they can apply to court for contact with their grandchildren, there is still uncertainty or a misapprehension as to whether they can get Legal Funding (or Legal Aid as it is more commonly known) to assist with their legal costs.
Legal Funding and whether a person qualifies for it is a complicated issue particularly as the Legal Services Commission have stringent and complicated tests that they use.
You may be entitled to Legal Funding depending on your assets and income and the circumstances surrounding the application that you want to make. Legal Funding is means and merits tested and both tests have to be satisfied before you will be granted a funding certificate.
i) Means test
The first thing that would be looked at in determining whether you financially qualify is your capital. The way that this is worked out is complex and it is advisable to seek advice from the Legal Services Commission or a solicitor as to whether your capital falls below the limit.
If you have savings of over £3000 you are unlikely to qualify until such time as those savings have been used or fall below the limit.
The equity in your property is more problematic and there is a formula that is used to work out what equity can be taken into account. The formula that is used takes account of any other person’s interest in the property and your own personal allowance (as determined by the Legal Services Commission) for owning an interest in the property. It is always better seek legal advice on this point in order to assess whether the equity in your property falls within the limits.
You must also have a disposable income that is less then the limit set by the Legal Services Commission, currently £733 per month (September 2009)
In order to work out your disposable income the Legal Services Commission takes all your income i.e. wages, benefits, maintenance and from that deducts your housing costs i.e. mortgage or rent, childcare costs, tax and national insurance allowance for a partner and a standard allowance if you work. Unfortunately, the Legal Services Commission is strict on the deductions it make and will not take into account household bills or any loan or credit card payments.
If you are married or cohabiting then your partner’s income and capital will also be taken into account.
If your disposable income is less than the set limit then you will pass the means test. However it is important to note that Legal Funding works on a sliding scale and although you may be under the limit you may still have to pay a contribution to your costs. The monthly contribution you pay is proportional.
ii) Merits test
If you pass the means test then you will be granted Legal Funding provided you also pass the merits test. To satisfy this you need to show that you have an average or above chance of obtaining the order that you seek e.g. contact order. Your solicitor when they fill out the forms will give more details about your application and the reasons why you are making it.
The Legal Services Commission website has an eligibility calculator which can be used to give a rough guide as to whether you may qualify financially for funding and any contribution that may have to be paid.
Alternatively, if you contact Maria Ramon at Anthony Collins Solicitors LLP on 0121 214 3509 or by email
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she will be happy to discuss whether you qualify for Legal Funding or other ways of funding an application to court.
If you need to know more about your rights as a grandparent or you have an issue to discuss, please feel free to contact Liz or one of her team on 0121 212 7417.
Anthony Collins Solicitors LLP