Access To Justice And Funding Flashcards
What is public funding of legal services?
Money provided by the state to pay for the legal fees of those who cannot afford it - known as legal aid
What statue is legal aid under control?
Under control of the Ministry of justice following the Legal Aid, sentencing and punishment of offenders Act 2012
When is legal aid available?
- If the case is serious
- The person cannot afford to pay their legal fees
- If the case is eligible (domestic violence cases, or person at risk of losing their home)
Who is legal aid governed by in civil cases?
Head of Civil legal aid
What can clients go to legal aid solicitors for?
- Advice on the law
- Assistance in legal proceedings
- Assistance in enforcing decisions
- Representation in court/ADR
LASPO 2012 - what categories qualify for legal aid?
- Welfare benefits
- Education
- Debt
- Domestic abuse
- Family/children & domestic abuse
- Mental health & community care
What is means testing?
- If people are financially eligible for legal aid
- Those who earn the least will get the most help
How is means testing conducted? (civil legal aid)
- Gross income is considered, not eligible if it is above £2,657 per month
What happens if a person’s gross income is below £2,657?
- Disposable income is then looked at
- Calculated by taking away expenses such as tax and housing, childcare costs
- Not eligible if above £700
If income falls below minimum level?
They will not be required to pay a contribution
What happens if a persons income falls between the minimum and maximum level?
They pay a contribution
What if someone is on income support or job seekers allowance?
They automatically qualify for legal aid
What is disposable capital?
Assets owned by the individual, shares in a company or money in bank
Not eligible for legal aid if above 8,000pounds
What are 3 advantages of legal aid?
- allows some people with serious legal issues to obtain free legal advice
- ensures the poorest and vulnerable members of society have fair legal representation
- upholds rule of law — everyone should be equal before the law
