Legal aid FAQs - public law children order proceedings

Q1.   Are these matters covered under representation higher or representation lower?

The level of service you need to request will depend on the court tier in which the proceedings have been issued. Representation lower covers the Family Proceedings Court only and representation higher covers the Family Care Centre, High Court and Court of Appeal.

For guidance on how to submit an application request in LAMS, refer to Section 16.0 of the LAMS Supplier Manual and ‘Submitting an application’ in the Instructional Videos.

Q2.   What information do LSANI require?

Please provide the following:

  • Details of the proceedings and the client’s interest in them.
  • A full copy of proceedings, including any reports available.
  • Summary of what the client is seeking to achieve in the proceedings and an estimation of how likely they are to do so.
  • Details of which other parties to the proceedings are represented (and to what level) and what they are seeking to achieve, to demonstrate why the client needs representation.

Q3.   What documentation should I provide with my application?

We will require:

  • If the proceedings have been transferred up from the Family Proceedings Court, a copy of the transfer order.
  • Copies of the grounding court application to include copy C1 and supporting statement.

For guidance on how to upload a document in LAMS, refer to ‘Uploading a document’ in the Instructional videos.

Q4.   What are the rules around financial eligibility in Children (NI) Order 1995 proceedings?

Financial eligibility for proceedings under the 1995 Order is governed by the Civil Legal Services (Financial) Regulations (Northern Ireland) 2015. The regulations also reflect the high priority of special Children Order proceedings by making the majority of such cases exempt from mean testing.

However, there are important differences between the rules on means and merits testing, as summarised in the following table:

Proceedings under the Children (NI) Order 1995

Nature of funding Available

The client is either :

  • the child in respect of whom the application is made, or
  • a parent or person with parental responsibility of such a child

 

and

 

the application is for:

  1. an order under Article 50 (a care or supervision order);
  2. an order under Article 62 (a child assessment order);
  3. an order under Article 63 (an emergency protection order); or
  4. an order under Article 64 (extension or discharge of an emergency protection order).

Non means tested

The client is a person who has been joined, or who is applying to be joined in any of the above proceedings

Means tested

The client is a child who is brought before a court under Article 44 of the 1995 Order (application for a secure accommodation order) who is not, but wishes to be, legally represented before the court.

Non means tested

Representation in proceedings relating to an appeal against an order made under Article 50 of the 1995 Order, applied for by or on behalf of a person who has been granted non means tested representation under the above provisions

Non means tested

All other proceedings under the 1995 Order (including proceedings under article 44 where the client is a party other than the child who is the subject of the application)

Means tested

Q5.   I am the solicitor for the children and have been appointed by the Northern Ireland Guardian Ad Litem Agency (NIGALA). Are there additional steps which I need to take?

You will need to upload the letter from NIGALA appointing you to act. This letter will serve as the declaration in the application. One application needs to be made for each child who is subject of the proceedings. Please add the guardian ad litem’s details as the associated party on the LAMS application.

For guidance on how to submit an application request in LAMS, refer to Section 16.0 of the LAMS Supplier Manual and ‘Submitting an application’ in the Instructional Videos.

Q6.   I have a certificate for public law proceedings and now want to take / defend private law proceedings. Can I have my public law certificate amended to cover the private law proceedings?

No, whether or not such proceedings are coordinated together by the court, they will need to be covered by a separate certificate. You will need to make a separate application. 

For guidance on how to submit an application request in LAMS, refer to Section 16.0 of the LAMS Supplier Manual and ‘Submitting an application’ in the Instructional Videos.

Q7.   Do I need to seek a new certificate if the case is transferred from the Family Proceedings Court to a higher court?

Yes, if a certificate for representation (lower courts) has been granted and the matter is transferred to a higher tier of court then a new certificate will be needed covering representation (higher courts). You will need to upload the transfer order and the original proceedings as supporting documents to the representation higher application.

For guidance on how to submit an application request on LAMS, refer to Section 16.0 of the LAMS Supplier Manual and to upload documentation in LAMS, refer to ‘Uploading a document’ in the Instructional Videos.

Q8.   I have a legal aid certificate but the case has concluded and I want to appeal. How should an application for an appeal be made?

The certificate for the substantive proceedings will cover the drafting and lodgement of the notice of appeal but no other work. You will then need to make an application for legal aid to appeal. These are always merits tested. Legal aid to defend appeals is not automatic. The Agency will require all applicants to address the prospects of success and other relevant merits criteria. Certificates for other parties will only be granted when it is clear that an appeal is proceeding.

If the substantive proceedings had a representation higher certificate and were means tested and there has been no change in financial circumstances since the date of those proceedings then you can legally link the appeal application to the original legal aid certificate. This will mean that you will not be required to submit the financial proofs again for the appeal. Note however, that you cannot legally link a representation lower certificate to a representation higher application seeking to appeal as the means tests are different at both levels of service.

For guidance on how to submit an application request in LAMS, refer to Section 16 of the LAMS Supplier Manual and ‘Submitting an application’ in the Instructional Videos.

Q9.   I have a legal aid certificate and want to seek authority for an experts report. How do I do this?

The Agency will be issuing new guidance to cover this situation shortly in line with the key message issued in December 2020.

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