At what age is a child entitled to legal aid

[Sally44]

Regarding legal help. I know that at some point a solicitor can work for the child and not be working for the parents on behalf of the child. But at what age does this happen?

[Annea]

this might help?

 

http://www.slab.org.uk/getting_legal_help/...eaflet_2008.pdf

[Kathryn]

The above link is to information for Scotland, the system in England may differ.

 

Try this site: you can also ring them for advice.

 

http://www.communitylegaladvice.org.uk/en/.../calculator.jsp

 

I'm not sure if the age of the child is relevant, it's the finances that are taken into account. A parent can initiate some legal proceedings in the child's name and thereby get legal aid as the child is unlikely to have their own means. There are some things you will never get it for, like SEND tribunal representation, although you can get it for legal help with preparation of the case.

 

K x

[Sally44]

I've completed the legal aid calculator and we are eligible.

But i've not include DLA. Should that be included?

[Annea]

i dont think DLA counts in mean testing?

[latmaz]

having just had to get a solicitor for my son i was told that as he was under 18 he would get free legal advice whatever... course this was for criminal proceedings and i am not sure if this is the same for all matters

 

hth

[Sally44]

I've phoned up the legal aid link, and they say that education is not covered by legal aid at all if you are looking for it to be for the child. Education is covered if the parents ask for it, but that is means tested.

[Yossarian]

This might not help you now, but Brian Lamb is answering questions on a live chat on the Treehouse website one week from today. I have posted this question in advance:

 

The report (Lamb Report) suggested extending legal aid for tribunals via exceptional funding route. I raised this with a few solicitors just after the report came out. I was told an assessment would be based on a parents financial means not the childs which seems out of line with other civil cases where the child is the applicant. Also I could not find ANY solicitor willing to even fill out the forms as the exceptional funding route is considered such a long haul and so much work involved for Solicitor as to not be worthwhile. How does Brian Lamb seek to move the issue of legal aid for tribunals forward? Given Solicitors quote £10,000 per tribunal and the civil legal aid budget is actually being cut is this idea likely to see the light of day?

 

 

So, if he does respond, it may give an indication as to where we are heading in the future.

[Sally44]

It'll be interesting if it is answered.

The cost of going to tribunal is very prohibitive. Although you don't have to go with a solicitor and private reports, the fact remains that without at least private reports, parents can have very little evidence on which to counter the LEAs position, especially when it is about quantifying and specifying when LEA/NHS reports NEVER quantify and specify.

 

The last time (and only time) I went to tribunal the LEA capitulated 5 mins into the proceedings and we never actually went through the trial. That means the LEA basically forced me to tribunal and were hoping I simply would not turn up. When I did turn up they agreed to everything we were asking for. But on that day alone it cost me the solicitor (travelling expenses and whole days expenses, and an expert witness fee and travelling expenses). I think if they did not have a case to argue that tribunals should be able to aware costs to the LEA.

 

I'm also in a case now after Annual Review where I am asking for things to be less ambiguous and quantified and specified - again the LEA may simply refuse to amend, eventhough I am simply asking for the Statement to be written as the CoP specifies (and the DfES letter specifies). This should again land me back in either the appeal or re-assessment process with the expenses that will undoubtedly entail.

 

 

[Yossarian]

That's a really unpleasant thing to have to go through Sally44, I'm sorry that happened to you. As I understand it, you can ask a tribunal to award costs in certain circumstances. I don't have any more details though. Perhaps someone with more experience could chip in?

[Kathryn]

It's not always essential to have private reports, sometimes the existing evidence is strong enough - depends on the case.

 

Under the new rules (in force since November 2008) tribunals have the power to award costs agaainst either side, which hopefully is a deterrent to LA's opposing appeals for no good reason, although I've heard of LA's frightening parents with this possibility in order to deter them from pursuing an appeal!

 

K x

[Sally44]

I'm going to email SEND and find out what the score is on this.

[Kathryn]

See rule 10 - orders for costs - below:

 

http://www.opsi.gov.uk/si/si2008/uksi_2008..._en_3#pt2-l1g10

 

K x